AN ACT to amend Chapter 31 of the Revised Code of the State of Delaware relating to the Delaware State Board of Examiners in Optometry.

Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:

Section 1. That Chapter 31 of the Revised Code of the State of Delaware (1915) be, and the same is hereby amended by striking out all of Paragraph 894, Section 2, and by substituting in lieu thereof a new Paragraph 894, Section 2:

"894, Section 2. Practice of Optometry; Definition Of :-- Any person shall be deemed to be practicing optometry within the meaning of this Act who shall display a sign, such as an eye, a pair of eyes, a pair of glasses, or spectacles, or who shall in any way advertise himself as an optometrist, or who shall examine the human eye, to ascertain the presence of defects or abnormal conditions which can be corrected or relieved or the effects of which may be corrected or relieved by the use of lenses, prisms, or ocular exercises, or employ any subjective or objective mechanical means to determine the accommodative or refractive states of the human eye or range of power of vision of the human eye, or have in his possession testing appliances for the purpose of the measurement of the powers of vision, or diagnose any ocular refractive deficiency or deformity, visual or muscular anomaly of the human eye, or prescribe or adapt lenses, prisms, or ocular exercises for the correction or relief of the same, or who holds himself out as being able to do so, or to open for practice, or operate, conduct, or manage an office, in the State of Delaware, either directly or indirectly, where optometric practice is carried on, with the intent of receiving therefrom, either directly or indirectly, any money, gift, or any other form of compensation which might result from any part of the practice of optometry as herein provided, or who shall use the title of Doctor of Optometry (0. D.), or any other letters or title in connection with his or her name, which in any way may convey the impression that he or she is engaged in the practice of optometry."

Section 2. That Chapter 31 of the Revised Code (1915) of the State of Delaware as amended by Chapter 69, Volume 37, Laws of Delaware, be and the same is hereby further amended by striking out all of "906 Sec. 14" as it appears in Chapter 69, Volume 37, Laws of Delaware, and inserting in lieu thereof the following new section to be styled "906 Section 14":

906 Section 14. Whoever shall violate any of the provisions of this Chapter shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00) and in default of payment of said fine shall be imprisoned in the county jail for a term of not less than one year.

It shall be the duty of the State's Attorney General or his deputies to prosecute every case to final judgment before the Court of General Sessions of the County wherein the offense was committed whenever his attention shall be called to a violation of this Act.

Section 3. All Acts or parts of Acts inconsistent with the provisions of this Act, be and the same are hereby repealed to the extent of such inconsistencies only.

Approved April 11, 1933.