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Code · Kentucky · Kentucky Revised Statutes

309.412 License required to provide or hold oneself out as providing home medical

319 words·~1 min read·/ky/309-412

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equipment and services -- Exemptions.
(1)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.
(2)Unless home medical equipment and services are provided through a separate legal
entity, nothing in KRS 309.400 to 309.422 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 309.400 to 309.422;
(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.
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