DE Optometry Jurisprudence flashcards

32 cards. Read the term and the definition here. The deck at the top of this page is optional.

Delaware Optometry Practice Act

The primary statute governing optometry in Delaware, codified at 24 Del. C., Chapter 21, establishing the Board and defining practice, licensure, and discipline.

Board of Examiners in Optometry

The administrative body created by 24 Del. C. §2103 to license and regulate optometrists, consisting of optometrist and public members appointed by the Governor.

Scope of Practice

The legally defined activities an optometrist may perform, including eye examinations, prescribing corrective lenses, and for therapeutic optometrists, diagnosing and treating ocular disease.

Unprofessional Conduct

A broad category of prohibited behaviors under 24 Del. C. §2113, including fraud, incompetence, substance abuse, and failure to maintain patient records.

Patient Record Retention

Board rule requiring optometrists to keep patient records for at least 5 years from the last service date, ensuring continuity of care and compliance.

Jurisprudence Examination

A test on Delaware optometry laws and regulations that applicants must pass to obtain licensure, ensuring knowledge of legal and ethical obligations.

Biennial License Renewal

Delaware optometry licenses expire every two years on a date set by the Board; renewal requires completion of continuing education and payment of fees.

Continuing Education Requirement

Mandate of 40 hours of CE per biennial renewal period under 24 Del. C. §2114, including at least 2 hours in ethics and 2 hours in jurisprudence.

NBEO Examinations

The National Board of Examiners in Optometry examinations, including Parts I, II, and III, required for licensure in Delaware and most states.

Therapeutic Optometrist Certification

Additional credential allowing an optometrist to use and prescribe medications for eye disease, requiring pharmacology coursework and passage of the TMOD exam.

TMOD Examination

The NBEO Treatment and Management of Ocular Disease examination, a requirement for therapeutic optometrist licensure in Delaware.

Intern License

A license issued to optometry students in their final year, allowing supervised practice under a licensed optometrist who must be physically present.

Direct Supervision

Requirement that a supervising optometrist be on-site and immediately available when an intern provides patient care; remote supervision is not permitted.

Pharmacology Course Requirement

Board-approved coursework in general and ocular pharmacology that must be completed before applying for therapeutic optometrist licensure in Delaware.

CE Audit

Random review by the Board of a licensee's continuing education documentation; failure to provide proof may lead to discipline or non-renewal.

Ethics CE Requirement

At least 2 of the 40 required CE hours per renewal period must be in ethics, covering professional standards and decision-making.

Jurisprudence CE Requirement

At least 2 of the 40 required CE hours per renewal period must be in jurisprudence, covering Delaware optometry laws and regulations.

CE Documentation Retention

Licensees must keep certificates of CE completion for at least 5 years after the renewal period and produce them if audited by the Board.

New Licensee CE Exemption

Optometrists licensed for the first time in Delaware are exempt from CE requirements for their first renewal period, as per Board rule.

Patient Confidentiality

Ethical and legal duty to protect patient health information, governed by HIPAA and state law; unauthorized disclosure is unprofessional conduct.

Informed Consent

Requirement to inform patients of the nature, risks, and alternatives of proposed diagnostic or treatment procedures and obtain their agreement before proceeding.

Fee Splitting Prohibition

Ban on sharing professional fees with non-licensees for patient referrals, except in employment arrangements with licensed professionals.

Patient Abandonment

Unethical termination of the provider-patient relationship without adequate notice, transfer of records, and arrangements for continued care.

Sexual Misconduct

Any sexual behavior with a patient, regardless of consent, is prohibited and constitutes grounds for license discipline.

Truthful Advertising

Requirement that all marketing be accurate and not misleading; claims of superiority must be substantiated, and testimonials must not be deceptive.

Mandatory Reporting Duty

Obligation under 24 Del. C. §2113 for optometrists to report known violations of the Optometry Practice Act by other licensees to the Board.

Reporting Timeline

Written reports of violations must be submitted to the Board within 30 days of the licensee becoming aware of the violation.

Immunity for Reports

Licensees who make good-faith reports to the Board are immune from civil liability, encouraging the reporting of unethical conduct.

Substance Abuse Reporting

Optometrists must report to the Board any licensee suspected of practicing under the influence of drugs or alcohol that may impair patient care.

Complaint Filing

The initial step in the disciplinary process, where a complaint is submitted to the Board, triggering an investigation and possible formal charges.

Board Hearing Rights

A licensee facing discipline is entitled to notice, a hearing, representation by counsel, and the opportunity to present evidence and cross-examine witnesses.

Summary Suspension

Emergency action by the Board to suspend a license without a prior hearing when there is an imminent danger to the public; a hearing must follow within 10 days.