Current through P.L. 171-2024
Section 25-26-21-5 - Application of chapter(a) This chapter does not apply to the following:(1) A home health agency (as defined in IC 16-27-1-2) that does not sell, lease, or rent home medical equipment.(2) A hospital licensed under IC 16-21-2 that:(A) provides home medical equipment services only as an integral part of patient care; and(B) does not provide home medical equipment services through a separate business entity.(3) A manufacturer or wholesale distributor that does not sell, lease, or rent home medical equipment directly to a consumer.(4) Except as provided under subsection (b), a practitioner (as defined in IC 25-1-9-2(a)) who does not sell, lease, or rent home medical equipment.(5) A veterinarian licensed under IC 25-38.1-3.(6) A hospice program (as defined in IC 16-25-1.1-4) that does not sell, lease, or rent home medical equipment.(7) A health facility licensed under IC 16-28 that does not sell, lease, or rent home medical equipment.(8) A provider that: (A) provides home medical equipment services within the scope of the licensed provider's professional practice;(B) is otherwise licensed by the state; and(C) receives annual continuing education that is documented by the provider or the licensing entity.(9) An employee of a person licensed under this chapter.(b) A pharmacist licensed in Indiana or a pharmacy that holds a permit issued under IC 25-26 that sells, leases, or rents home medical equipment:(1) is not required to obtain a license under this chapter; and(2) is otherwise subject to the: (A) requirements of this chapter; and(B) requirements established by the board by rule under this chapter.Amended by P.L. 36-2022,SEC. 10, eff. 3/7/2022.As added by P.L. 122-2005, SEC.1. Amended by P.L. 2-2008, SEC.64.