2015 Kentucky Revised Statutes CHAPTER 315 - PHARMACISTS AND PHARMACIES 315.514 License required to provide or hold oneself out as providing home medical equipment and services -- Exemptions.
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315.514 License required to provide or hold oneself out as providing home medical
equipment and services -- Exemptions.
(1)
(2)
No person shall provide home medical equipment and services, or use the title
"home medical equipment and services provider" in connection with his or her
profession or business, without a license issued by the board.
Unless home medical equipment and services are provided through a separate legal
entity, nothing in KRS 315.510 to 315.524 or any administrative regulations
promulgated thereunder shall be construed as preventing or restricting the practices,
services, or activities of the following:
(a) A person licensed or registered in this state under any other law who is
engaging in the profession or occupation for which he or she is licensed or
registered;
(b) Health care practitioners who lawfully prescribe or order home medical
equipment and services, or who use home medical equipment and services to
treat their patients;
(c) Home health agencies that do not engage in the provision of home medical
equipment and services;
(d) Hospitals that provide home medical equipment and services only as an
integral part of patient care;
(e) Manufacturers and wholesale distributors of home medical equipment who do
not sell, lease, or rent home medical equipment directly to a patient;
(f) Pharmacies that are engaged in the sale, lease, or rental of home medical
equipment and services;
(g) An employee of a person licensed under KRS 315.510 to 315.524;
(h) Hospice programs that do not involve the sale, lease, or rental of home
medical equipment and services;
(i) Skilled nursing facilities that do not involve the sale, lease, or rental of home
medical equipment and services;
(j) Government agencies, including fire districts which provide emergency
medical services; and
(k) Notwithstanding subsection (1) of this section, an out-of-state provider whose
primary business is the manufacture, distribution, or both, of highly
specialized equipment who ships that equipment into this state if that
equipment is not provided by a licensed Kentucky home medical equipment
and services provider.
Effective: June 24, 2015
History: Amended 2015 Ky. Acts ch. 56, sec. 4, effective June 24, 2015. -- Created
2012 Ky. Acts ch. 73, sec. 3, effective July 12, 2012.
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