Current through Register Vol. 50, No. 9, September 20, 2024
A. No person or other entity shall sell, rent
or provide, or offer to sell, rent or provide, directly or indirectly, to
consumers in this state any durable medical equipment, legend devices, and/or
medical gas until such person has obtained a durable medical equipment (DME)
permit from the board.
B. A DME
permit shall authorize the permit holder to procure, possess and provide legend
devices to the patient or end user; however, the DME permit shall not authorize
the permit holder to procure, possess, or provide any prescription or legend
drugs.
C. The board shall not issue
a DME permit to any person or other entity that has not registered with the
Louisiana Secretary of State to conduct business within the state.
D. Licensing Procedures
1. A person or other entity desiring to
obtain a DME permit shall complete the application form supplied by the board
and submit it with any required attachments and the application fee to the
board.
2. The applicant shall
provide a complete street address reflecting the location where the applicant
will hold the equipment and engage in the activity for which the permit is
acquired. The board shall not issue more than one permit for the same physical
space.
3. The board shall not
process applications received by facsimile, or that are incomplete, or
submitted with the incorrect fee.
4. A person or other entity who knowingly or
intentionally submits a false or fraudulent application shall be deemed to have
violated R.S.
37:1241(A)(2).
5. Once issued, the DME permit shall expire
on August 31 of every year. No person or other entity shall engage in the
provision of DME with an expired DME permit.
E. Maintenance of Permit
1. A DME permit shall be valid only for the
person or other entity to whom it is issued and shall not be subject to sale,
assignment or other transfer, voluntary or involuntary, nor shall a DME permit
be valid for any premises other than the physical location for which it is
issued.
2. The DME permit holder
shall inform the board in writing of any and all changes to its business
location within 10 calendar days, with such notice to include both the previous
and new addresses.
3. A duplicate
or replacement permit shall be issued upon the written request of the permit
holder and payment of the required fee. A duplicate or replacement permit shall
not serve or be used as an additional or second permit.
4. A DME provider changing ownership shall
notify the board in writing 15 calendar days prior to the transfer of
ownership.
a. A change of ownership shall be
evident under the following circumstances:
i.
sale;
ii. death of a sole
proprietor;
iii. the addition or
deletion of one or more partners in a partnership;
iv. bankruptcy sale; or
v. a 50 percent, or more, change in ownership
of a corporation, limited liability company, or association since the issuance
of the original DME permit.
b. The new owner shall submit a properly
completed application form with all required attachments and appropriate fee to
the board.
F.
Renewal and Reinstatement of Permit
1. The
renewal of an active DME permit shall require the submission of a completed
application form supplied by the board supplemented with any required
attachments and appropriate fee, prior to the expiration date of the
permit.
2. The reinstatement of an
expired DME permit shall require the submission of a completed application form
supplied by the board supplemented with any required attachments as well as the
renewal and reinstatement fee.
AUTHORITY NOTE:
Promulgated in accordance with
R.S.
37:1182.
