Kentucky Statutes 309.412 – License required to provide or hold oneself out as providing home medical equipment and services — Exemptions
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(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 KRS § 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 KRS § 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.
Effective: July 15, 2016
History: Repealed, reenacted, renumbered, and amended 2016 Ky. Acts ch. 103, sec. 3, effective July 15, 2016. — Amended 2015 Ky. Acts ch. 56, sec. 4, effective June 24,
2015. — Created 2012 Ky. Acts ch. 73, sec. 3, effective July 12, 2012.
Formerly codified as KRS § 315.514.
(2) Unless home medical equipment and services are provided through a separate legal entity, nothing in KRS § 309.400 to KRS § 309.422 or any administrative regulations promulgated thereunder shall be construed as preventing or restricting the practices, services, or activities of the following:
Terms Used In Kentucky Statutes 309.412
- 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
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
(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 KRS § 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.
Effective: July 15, 2016
History: Repealed, reenacted, renumbered, and amended 2016 Ky. Acts ch. 103, sec. 3, effective July 15, 2016. — Amended 2015 Ky. Acts ch. 56, sec. 4, effective June 24,
2015. — Created 2012 Ky. Acts ch. 73, sec. 3, effective July 12, 2012.
Formerly codified as KRS § 315.514.