§ 43-15.3-11 — Retail durable medical equipment retailers - Reciprocity

North Dakota § 43-15.3-11

• Jurisdiction: North Dakota
• Title 43: Occupations and Professions
• Ch. 43-15.3: Wholesale Drug Pedigree

Text

1. A person may not sell or deliver durable medical equipment directly to a consumer
unless licensed by the board as a retail durable medical equipment retailer.
a. As a term of licensure under this section, a licensee shall employ or contract with
an in-state licensed health care professional authorized by that professional's
practice act to prescribe or administer the durable medical equipment. For
purposes of this section, a licensed health care professional may include a
respiratory therapist, physical therapist, pharmacist, registered nurse, licensed
practical nurse, advanced practice registered nurse, physician assistant, and
occupational therapist.
(1) The licensed health care professional must be on staff to oversee and
provide custom orthotics and prosthetics. The board shall establish
certification requirements for a qualified health care professional which may
include certification through the American board for certification in orthotics
and prosthetics or the board for certification in orthotics as a certified
orthotist, certified prosthetist, certified prosthetist orthotist, certified orthotic
fitter, certified mastectomy fitter, or certified pedorthist.
(2) The licensed health care professional must be on staff to oversee and
provide complex rehabilitation products and services for seating and mobility
systems. The board shall establish certification requirements for a qualified
health care professional which may include certification through the
rehabilitation engineering and assistive technology society of North America
as an assistive technology professional.
(3) The applicant shall furnish on the application the name and license number
of the individual the licensee employs or with which the applicant contracts.
Within thirty days of a change, the licensee shall provide the board with
notice of any change in the licensee.
b. A durable medical equipment retailer may sell or deliver to a patient's home
durable medical-related equipment in accordance with a practitioner's prescription
or drug order. The retail durable medical equipment retailer shall keep the original
prescription or order or an electronic copy at the licensed location or must have
available for inspection an electronic copy of the original order or electronic copy
of the order. A prescription or order is not valid after one year, except a
prescription or order for repair, maintenance, or replacement of equipment and
items designated as thirteen month capped rental items by the center of Medicare
and Medicaid services may be perpetual. A retail durable medical equipment
retailer shall maintain a prescription or order for five years. A durable medical
equipment retailer may only obtain medical equipment from a manufacturer or
wholesaler that is duly licensed by the state.
2. An out-of-state retail durable medical equipment retailer or a principal or agent of the
retailer may not conduct business in this state unless the retailer is licensed by the
board as a retail durable medical equipment retailer, paid the fee required by the
board, and is registered with the secretary of state. An applicant shall submit an
application for a license on a form furnished by the board and the applicant must be
accompanied by a copy of the certificate of authority from the secretary of state. The
issuance of a license under this section does not change or affect tax liability imposed
by this state on an out-of-state retail durable medical equipment retailer.
3. The board may adopt rules that permit an out-of-state retail durable medical
equipment retailer to obtain a license on the basis of reciprocity if the retailer
possesses a valid license granted by another jurisdiction and the legal standards for
licensure in the other jurisdiction are comparable to the standards under this chapter
and if the other jurisdiction extends reciprocity to retail durable medical equipment
retailers licensed in this state. However, if the requirements for licensure under this
chapter are more restrictive than the standards of the other jurisdiction, the out-of-state
retail durable medical equipment retailer shall comply with the additional requirements
of this chapter to obtain a license under this chapter.