(a) The licensure requirements of this subchapter and any retail pharmacy permit requirements that may apply to the distribution or provision of legend medical gases, medical equipment, legend devices, and medical supplies, except legend drugs, do not apply to the following unless the following have a separate company, corporation, division, or other business entity that is in the business of providing medical equipment for sale or rent to a patient at his or her home as covered by this subchapter:
(1) Home health agencies;
(2) Hospitals;
(3) Manufacturers and wholesale distributors when not selling directly to the patient;
(4) Health care practitioners legally eligible to prescribe or order home medical equipment, medical gases, and legend devices;
(5) Medical doctors, physical therapists, respiratory therapists, occupational therapists, speech pathologists, optometrists, chiropractors, and podiatrists who use home medical equipment or legend devices, or both, to treat patients;
(6) Nurses who use but do not sell home medical equipment or legend devices, or both, to their patients;
(7) Pharmacies;
(8) Hospice programs;
(9) Nursing homes;
(10) Veterinarians;
(11) Dentists; and
(12) Emergency medical services.
(b) Although excluded from a separate licensure requirement for medical equipment, pharmacies shall be subject to the same rules and regulations for the sale or rental of medical equipment covered by this subchapter.
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