§ 2102. Board of Examiners in Optometry; appointment; qualifications; terms of office; vacancies; suspension or removal; unexcused absences; compensation.
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(a)The Delaware State Board of Examiners in Optometry, heretofore established and hereafter in this chapter referred to as the “Board,” shall carry out and enforce this chapter.
(b)The Board shall consist of 5 members appointed by the Governor, who are residents of this State: 3 duly-licensed optometrists engaged in the actual practice of optometry and 2 public members. Said public members: Shall not be or ever have been licensed as an optometrist, ophthalmologist or optician; shall not be a member of the immediate family of an optometrist, ophthalmologist or optician; shall not have been employed by an optometrist, ophthalmologist or optician; shall not have had a material financial interest in the providing of goods and services to those licensed in this chapter; shall not have been engaged in any activity directly related to optometry; and shall not have been licensed in any health-related field or be licensed to practice law.
(c)Said public members shall be accessible to inquiries, comments and suggestions from the general public and shall be entitled to full voting privileges on all aspects of all issues which come before the Board, including the licensing process.
(d)A person who has never served on the Board may be appointed to the Board 2 consecutive times, but no such person shall thereafter be eligible for 2 consecutive appointments. No person who has been twice appointed to the Board, or who has served on the Board for 6 years within any 9-year period, shall again be appointed to the Board until an interim period of at least 1 term has expired since such person last served.
(e)Any act or vote by a person appointed in violation of subsection
(d)of this section shall be invalid. An amendment or revision of this chapter is not sufficient cause for any appointment or attempted appointment in violation of subsection
(d)of this section, unless such amendment or revision amends this section to permit such an appointment.
(f)A member of the Board shall be suspended or removed by the Governor for misfeasance, nonfeasance, malfeasance, misconduct, incompetency or neglect of duty. A member subject to disciplinary hearing shall be disqualified from Board business until the charge is adjudicated or the matter is otherwise concluded. A Board member may appeal any suspension or removal to the Superior Court.
(g)No member of the Board, while serving on the Board, shall hold elective office in any professional association of optometrists.
(h)The provisions set forth for “employees” in Chapter 58 of Title 29 shall apply to all members of the Board and to all agents appointed or otherwise employed by the Board.
(i)Any member who is absent without adequate reason for 3 consecutive meetings, or fails to attend at least 1 / 2 of all regular business meetings during any calendar year, shall be guilty of neglect of duty.
(j)Each member of the Board shall be reimbursed for all expenses involved in each meeting, including travel, and in addition shall receive compensation per meeting attended in an amount determined by the Division in accordance with Del. Const. art. III, § 9.