Indiana Code 25-26-21-5. Application of chapter

Sec. 5. (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.

board: refers to the Indiana board of pharmacy established by IC 25-26-13-3. See Indiana Code 25-26-21-1
home medical equipment: means equipment that:
Indiana Code 25-26-21-2
home medical equipment services: means the:
Indiana Code 25-26-21-3
Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
provider: means a person engaged in the business of providing home medical equipment services to an unrelated individual in the individual's residence. See Indiana Code 25-26-21-4

(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

(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.

As added by P.L.122-2005, SEC.1. Amended by P.L.2-2008, SEC.64; P.L.36-2022, SEC.10.