Delaware § 2118 - Exemptions.

§ 2118. Exemptions.

(a) Nothing in this chapter shall be construed to prevent the sale and/or application of spectacles in the ordinary course of trade, provided no part of this chapter is violated by this exemption.

(b) Those persons having the degree of Doctor of Medicine or Doctor of Osteopathy and licensed to practice medicine and surgery in this State under Chapter 17 of this title shall be exempt from this chapter, and nothing in this chapter shall apply to or restrict a nationally registered contact lens technician, acting under a valid written spectacle prescription not more than 2 years old and under the supervision of a licensed ophthalmologist or optometrist, as defined in subsection (c) of this section, whose office is on the same premises as the contact lens technician. The contact lens technician shall keep the Board informed of the identity and office location of the contact lens technician’s licensed supervising ophthalmologist or optometrist.

(c) For purposes of subsection (b) of this section, the following definitions apply:

(1) “On the same premises” means being within the same building as the designated licensed supervising ophthalmologist or optometrist. The building occupied by the designated licensed supervising ophthalmologist or optometrist must not include space with a building or structure owned, leased or occupied by the designated licensed supervising practitioner in which the designated licensed supervising practitioner does not engage in the regular and consistent practice of ophthalmology or optometry.

(2) “Supervision” means the regular and consistent physical presence and availability of a designated licensed supervising ophthalmologist or optometrist within the same building as the contact lens technician.

25 Del. Laws, c. 113, §  17;  Code 1915, §  907;  37 Del. Laws, c. 69, §  6;  Code 1935, §  1017;  24 Del. C. 1953, §  2117;  59 Del. Laws, c. 250, §  14;  61 Del. Laws, c. 346, §  1;  66 Del. Laws, c. 1, §  1;  69 Del. Laws, c. 288, §  8;  70 Del. Laws, c. 186, §  1;  70 Del. Laws, c. 546, §§  24, 25, 29;  72 Del. Laws, c. 424, §  1;