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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
SENATE BILL 253 By: Haste
AS INTRODUCED
An Act relating to durable medical equipment;
amending Section 5, Chapter 288, O.S.L. 202 2 (59 O.S.
Supp. 2022, Section 375.5) , which relates to
exemptions from the Oklahoma Durable Medical
Equipment Licensing Act; adding exemption; and
declaring an emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY Section 5, Chapter 28 8, O.S.L.
2022 (59 O.S. Supp. 2022, Section 375.5), is amended to read as
follows:
Section 375.5. The Oklahoma Durable Medical Equipment Licensing
Act shall not apply to:
1. Pharmacies and pharmacists;
2. Hospitals;
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;
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8. Health care practitioners who are licensed to practice
health care in this state 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;
10. Manufacturers or wholesale distributors that sell or rent
durable medical equipment directly to consumers if :
a. the durable medical equipment is limited to
prescription-required specialty devices that are
delivered directly to the patient’s home, and
b. the initial order for the prescr ibed product is
delivered by an Oklahoma licensed practitioner
directly to the patient ’s home for setup and training ;
11. Suppliers of insulin infusion pumps and related supplies or
services; or
11. 12. Suppliers of medical devices approved by the U.S. Food
and Drug Administration that are used in the treatment of cancerous
tumors.
SECTION 2. It being immediately necessary for the pr eservation
of the public peace, health or safety, an eme rgency is hereby
declared to exist, by reason where of this act shall take effect and
be in full force from and after its passage and approval.
59-1-761 DC 1/10/2023 12:57:12 PM