2015 New York Laws
PBH - Public Health
Article 36-A - (Public Health) MEDICAL EQUIPMENT SERVICE AGENCIES
3651 - Exemptions.

 3651. Exemptions. The provisions of this article shall not apply to:
1.  Hospitals  certified  pursuant  to  article  twenty-eight  of this
  chapter.
2. The following entities and practitioners, unless these entities  or
  practitioners furnish home medical equipment services through a separate
  corporate entity, division, or other business entity:
(a)  Home  care service agencies, certified home health agencies, long
  term home health care programs, licensed home care services agencies and
  limited licensed home care service agencies, as  defined  under  section
  thirty-six hundred two of this chapter;
(b)  Exempt  agencies,  as  defined  under  section thirty-six hundred
  nineteen of this chapter;
(c) Manufacturers and wholesale distributors of home medical equipment
  not engaged in direct sales to a patient;
(d) Health care practitioners authorized  by  law  to  prescribe  home
  medical  equipment,  order  home  medical equipment, or use home medical
  equipment  to  treat  their  patients,  including  but  not  limited  to
  physicians,   nurses,   physical   therapists,  respiratory  therapists,
  occupational    therapists,    speech    pathologists,     optometrists,
  chiropractors and podiatrists;
(e) Hospice programs;
(f) Nursing homes;
(g) Veterinarians;
(h) Dentists;
(i) Emergency medical services providers; and
(j) Pharmacists and pharmacies.
3. Any exempt person providing home medical equipment services through
  a  third  person  as defined in section thirty-six hundred fifty of this
  article.