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ENGROSSED HOUSE
BILL NO. 2649 By: Echols of the House
and
Dugger of the Senate
An Act relating to durable medical equipment;
creating the Oklahoma Durable Medical Equipment
Licensing Act; defining terms; requiring a license;
providing for effective date of license; authorizing
certain inspections; requiring promulgation of rules;
construing provision ; providing for licensing
qualifications; providing for license revocation or
suspension; listing exceptions; providing for
codification; and providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 375 of Title 59, unless there is
created a duplication in numbering, reads as follows:
This act shall be known and may be cited as the "Oklahoma
Durable Medical Equipment Licensing Act ".
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 376 of T itle 59, unless there is
created a duplication in numbering, reads as follows:
As used in the Oklahoma Durable Medical Equipment Licensing A ct:
1. "Board" means the State Board of Pharmacy;
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2. a. "Durable medical equipment" means equipment for which
a prescription is required, including for repair and
replacement parts, and that :
(1) can stand repeated use,
(2) has an expected useful life of at least three (3)
years,
(3) is primarily and customarily used to serve a
medical purpose,
(4) is not generally useful to a person in the
absence of illness or injury,
(5) is appropriate for use in the home, and
(6) is intended for use by the consumer .
b. Durable medical equipment includes, but is not limited
to:
(1) ambulating assistance equipment,
(2) mobility equipment,
(3) rehabilitation seating,
(4) oxygen care and oxygen delivery systems,
(5) respiratory equipment and respiratory disease
management devices,
(6) rehabilitation environmental control equipment,
(7) ventilators,
(8) apnea monitors,
(9) diagnostic equipment,
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(10) feeding pumps,
(11) beds prescribed by physicians to alleviate
medical conditions,
(12) transcutaneous electrical nerve stimulators, and
(13) sequential compression devices; and
3. "Supplier" means any person or entity that provides durable
medical equipment services or products and that currently bills or
plans to bill a claim for reimbursement of services or products to a
third party.
SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 377 of Title 59, unless there is
created a duplication in numbering, reads as follows:
A. Any supplier of durable medical equipment to a consumer in
Oklahoma shall possess a durable medical equipment supplier license
issued by the Board pursuant t o this act.
B. Licenses issued by the Board pursuant to this act shall be
effective for twelve (12) months from the date of issuance and shall
not be transferable or assignable.
C. The Board shall have the authority to initially and
periodically inspect the applicant's office or place of business.
D. The Board shall promulgate rules necessary to implement the
provisions of this act. Such rules shall prioritize patient safety
and quality of durable medical equipment. The Board may provide by
rule that any person or entity accredited by organizations
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recognized by the Centers for Medicare and Medicaid Services is
deemed to meet all or some of the requirements of this act.
E. Nothing in this section shall be construed to restrict or
prohibit private trans actions between two parties.
SECTION 4. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 378 of Title 59, unless there is
created a duplication in numbering, reads as follows:
A. The Board shall be au thorized to issue a license to an
applicant for licensure as a supplier of durable medical equipment
if the applicant:
1. Submits an application in a form prescribed by the Board;
2. Maintains a physical office or place of business within this
state;
3. Pays a license fee established by the Board;
4. Meets all state and federal accreditation requirements; and
5. Meets all safety standards established by the Board, which
shall include, but not be limited to:
a. ensuring that all personnel e ngaged in delivery,
maintenance and repair of durable medical equipment
receive annual continuing education ,
b. instructing the patient or patient 's caregiver about
how to use the durable medical equipment provided ,
c. receiving and responding to complaints from patien ts,
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d. maintaining records of all patients receiving durable
medical equipment, and
e. managing, maintaining and servicing durable medical
equipment.
B. The Board may issue a license to a Medicare or Medicaid
enrolled out-of-state supplier who has at leas t one accredited
facility within one hundred (100) miles of any Oklahoma resident
being served by the supplier.
C. The Board may revoke or suspend a license for:
1. Violation of state or federal law;
2. Violation of rules promulgated pursuant to this act;
3. Permitting, aiding or abetting any illegal act;
4. Failing to meet the safety standards established by the
Board pursuant to this act;
5. Engaging in conduct or practices found by the Board to be
detrimental to the health, safety or welfare of patients; or
6. Failing to renew a license.
SECTION 5. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 379 of Title 59, unless there is
created a duplication in numbering, reads as follows:
The Oklahoma Durable Medical Equipment Licensing Act shall not
apply to:
1. Pharmacies and pharmacists;
2. Hospitals;
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3. Ambulatory surgical centers;
4. Health care facilities owned or operated by the state or
federal government;
5. Skilled nursing facilities;
6. Assisted living facilities;
7. Prosthetic or orthotic practitioners;
8. Health care practitioners who are licensed to practice
health care in the State of Oklahoma and who provide durable medical
equipment within the scope of their health care practice;
9. Manufacturers or wholesale distributors that do not sell or
rent durable medical equipment directly to consumers; or
10. Suppliers of insulin infusion pumps and related supplies or
services.
SECTION 6. This act shall become effectiv e November 1, 2021.
Passed the House of Representatives the 9th day of March, 2021.
Presiding Officer of the House
of Representatives
Passed the Senate the ___ day of __________, 2021.
Presiding Officer of the Senate