Oklahoma § 59-375.4 - Application for license – Fee – Out-of-state supplier –

§ 59-375.4. Application for license – Fee – Out-of-state supplier –

Safety standards – Revocation or suspension.

A. The State Board of Pharmacy may issue a license to an

applicant for licensure as a supplier of durable medical equipment

if the applicant pays the appropriate license fee established under

Oklahoma Statutes - Title 59. Professions and Occupations

Section 8 of this act and submits, in a form prescribed by the

Board, an application and proof that the applicant:

1.

a.

Maintains a physical office or place of business

within this state, or

b.

For a Medicare or Medicaid enrolled out-of-state

supplier, maintains a physical office or place of

business within one hundred (100) miles of a resident

of this state being served by the supplier;

2. Has obtained a state sales tax permit and any other

necessary license or permit as determined by the Board including but

not limited to any permit from the State Department of Health; and

3. Meets all state and federal accreditation requirements.

Each individual physical office or place of business owned or

operated by the supplier must be licensed separately.

B. 1. The Board may issue a license to a Medicare or Medicaid

enrolled out-of-state supplier who has at least one accredited

facility within one hundred (100) miles of any resident of this

state being served by the supplier.

2. The Board may assess a fee on out-of-state suppliers

necessary to cover the cost of inspection of those suppliers. The

inspection fee shall be in addition to the licensure fee.

C. A supplier licensed by the Board shall meet all safety

standards established by the Board, which shall include, but not be

limited to:

1. Ensuring that all personnel engaged in delivery,

maintenance, and repair of durable medical equipment receive annual

continuing education;

2. Instructing the patient or patient's caregiver about how to

use the durable medical equipment provided;

3. Receiving and responding to complaints from patients;

4. Maintaining records of all patients receiving durable

medical equipment; and

5. Managing, maintaining, and servicing durable medical

equipment.

D. The Board may revoke or suspend a license for:

1. Violation of state or federal law;

2. Violation of rules promulgated pursuant to the Oklahoma

Durable Medical Equipment Licensing Act;

3. Permitting, aiding, or abetting any illegal act;

4. Failing to meet the safety standards established by the

Board pursuant to the Oklahoma Durable Medical Equipment Licensing

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.

Added by Laws 2022, c. 288, § 4, eff. Nov. 1, 2022.

Oklahoma Statutes - Title 59. Professions and Occupations