Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 3001 - MISSISSIPPI PHARMACY PRACTICE REGULATIONS › Article XXXVIII - MEDICAL EQUIPMENT SUPPLIERS PERMIT

Current through June 25, 2024
1. Permit required:
Pursuant to Mississippi Pharmacy Practice Act Section
				73-21-108
				no person, business or entity subject to this chapter shall sell, rent or
				provide or offer to sell, rent or provide directly or indirectly to consumers
				in this state any home medical equipment, legend devices, and/or medical gas
				unless such person, business or entity first obtains a Medical Equipment
				Suppliers Permit from the Mississippi Board of Pharmacy. Permitting procedures
				are as follows:
A. The permitting
			 requirements of this section will apply to all companies, agencies and other
			 business entities that are in the business of supplying home medical equipment
			 to patients in residential settings and which bill the patient or the patient's
			 insurance, Medicare, Medicaid or other third party payor for the rent or sale
			 of that equipment.
B. The
			 application for a permit shall be on a form supplied by the Board and
			 accompanied by a fee of $150.00. Once issued, every permit must be renewed
			 annually. The renewal fee shall not exceed $150.00.
C. The Board shall require a separate permit
			 for each facility location directly or indirectly owned or operated in this
			 state. Permits shall not be issued for facilities located in a residence.
D. All permits issued under this
			 section shall expire annually on June 30, of each year. Application and payment
			 for renewal must be postmarked on or before June 30 and must be accompanied by
			 the fee as prescribed by this section. A penalty of $50.00 shall be added to
			 all late renewals postmarked after June 30, of each renewal period. The Permit
			 shall become null and void if the renewal application and renewal fee are not
			 received by July 1 of each year.
E.
			 The person who signs the application for a medical equipment suppliers permit
			 or the renewal of a medical equipment suppliers permit shall be the permit
			 holder for that facility and shall be responsible for all activities in the
			 permitted facility which are subject to regulation by the Board. Once issued, a
			 permit cannot be amended, transferred or assigned to another person.
F. If the employment of a permit holder is
			 terminated or if for any other reason he/she wishes to be relieved of the
			 responsibilities of the permit holder, he/she must return the medical equipment
			 suppliers permit to the Mississippi Board of Pharmacy with written notice that
			 he/she is no longer the permit holder for that facility. When a permit is thus
			 returned, application for a new permit for that facility must be made to the
			 Mississippi Board of Pharmacy within ten (10) days.
G. If a permitted facility is permanently
			 closed or has a change of ownership, the permit holder for that facility shall
			 give notice to the Board of the effective date of closure or change in
			 ownership at least ten (10) days prior to the closure or change of
			 ownership.
H. If a permitted
			 facility has a change in name or location, a new permit must be obtained.
			 Application for this new permit must be made to the Board at least ten (10)
			 days prior to the change.
I. The
			 Board shall not issue any original or annual renewal medical equipment permit
			 until the Board is satisfied that:
(1)
			 Adequate qualified personnel have been secured by management of the facility to
			 properly render medical equipment services in the manner prescribed by law; and
(2) Such personnel shall be
			 maintained during the period for which the permit is issued; and
(3) Suitable facilities shall be maintained
			 to house inventory, to allow for equipment maintenance work space and the
			 storage and retrieval of all records required to be kept; and
(4)
Repealed 2013
(5) A copy of these regulations
			 shall be present in the facility at all times; and
(6) The facility is kept in a clean, orderly
			 and sanitary condition at all times; and
(7) The applicant's services are accessible
			 to its customer base; and
(8) The
			 applicant complies with all USP, FDA, DOT and OSHA requirements regarding the
			 storage, packaging, labeling and shipping of medical equipment including
			 medical gases; and
(9) The
			 applicant's services are available twenty-four (24) hours, seven (7) days per
			 week when essential to the maintenance of life or when lack of services might
			 reasonably cause harm; and
(10) The
			 applicant implements and maintains a written procedure at each location for
			 handling complaints and problems, which includes a complaint file documenting
			 complaints and problems and resolution of the complaints and problems; and
(11) The applicant complies with
			 all local/state fire and building laws; and
(12) The facility is equipped with a
			 functioning lavatory where hot and cold running water or hand washing
			 appliances or waterless hand cleaner are available; and
Exemptions are as follows:
A. The permitting requirements of this
			 section do not apply to the following unless the following have a separate
			 business entity, company, corporation or division that is in the business of
			 providing home medical equipment to patients at their home: home health
			 agencies; hospitals; wholesalers and/or manufacturers; medical doctors,
			 physical therapists, respiratory therapists, occupational therapists, speech
			 pathologists, optometrists, chiropractors and podiatrists who use home medical
			 equipment and/or legend devices in their individual practices; pharmacies;
			 hospice programs; nursing homes and or long term care facilities;
			 veterinarians; dentists; and emergency medical services.
B. Community pharmacies, long term care
			 facilities and hospitals although excluded from permitting requirements of this
			 section, will be subject to the same regulations for the sale or rental of home
			 medical equipment covered by this section.
C. It is also recognized that oxygen, liquid
			 oxygen and/or legend devices may be used in emergencies by trained individuals.
D. Nothing in this section shall
			 prohibit the pre-hospital emergency administration of oxygen by licensed health
			 care providers, emergency medical technicians, first responders, fire fighters,
			 law enforcement officers and other emergency personnel trained in the proper
			 use of emergency oxygen.
Article XXXVIII, Paragraph 1-D REPEAL (Effective
				3/6/14) Section was re-numbered after filing final repeal on 2/4/14. MS
				Administrative Bulletin System Number 20320