§ 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.

Legislative History

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