TITLE 856 INDIANA BOARD OF PHARMACY
Final Rule
LSA Document #05-139(F)
DIGEST
Adds
856 IAC 1-39 to implement rules based on Senate Enrolled Act 206 (P.L.122-2005) to establish the definitions, requirements for the licensure of home medical equipment services providers, license renewal requirements, fees including fees for the application, issuance, and renewal of license, and standards regarding the safety and quality of home medical equipment services. Effective 30 days after filing with the Secretary of State.
Rule 39. Home Medical Equipment Service Providers
Authority:
IC 25-26-21-7
Sec. 1. As used in this rule, "board" has the meaning set forth in IC 25-26-21-1.
(Indiana Board of Pharmacy; 856 IAC 1-39-1; filed Jun 27, 2006, 2:00 p.m.: 20060726-IR-856050139FRA)
Authority:
IC 25-26-21-7
Sec. 2. As used in this rule, "DMEPOS" means durable medical equipment, prosthetics, orthotics, and supplies.
(Indiana Board of Pharmacy; 856 IAC 1-39-2; filed Jun 27, 2006, 2:00 p.m.: 20060726-IR-856050139FRA)
856 IAC 1-39-3 "Home medical equipment" defined
Authority:
IC 25-26-21-7
Sec. 3. As used in this rule, "home medical equipment" has the meaning set forth in IC 25-26-21-2. The term also includes the following:
(1) Continuous passive motion (CPM) machines.
(2) Patient lift devices.
(3) Defibrillators.
(4) Manual wheelchairs.
(5) Hospital bed accessories.
(6) Electronically controlled or computerized wheel chairs and seating systems that are sold.
(Indiana Board of Pharmacy; 856 IAC 1-39-3; filed Jun 27, 2006, 2:00 p.m.: 20060726-IR-856050139FRA)
856 IAC 1-39-4 "Home medical equipment services" defined
Authority:
IC 25-26-21-7
Sec. 4. As used in this rule, "home medical equipment services" has the meaning set forth in IC 25-26-21-3.
(Indiana Board of Pharmacy; 856 IAC 1-39-4; filed Jun 27, 2006, 2:00 p.m.: 20060726-IR-856050139FRA)
Authority:
IC 25-26-21-7
Sec. 5. As used in this rule, "licensee" means the holder of a home medical equipment service provider license issued under IC 25-26-21 and this title.
(Indiana Board of Pharmacy; 856 IAC 1-39-5; filed Jun 27, 2006, 2:00 p.m.: 20060726-IR-856050139FRA)
Authority:
IC 25-26-21-7
Sec. 6. As used in this rule, "provider" has the meaning set forth in IC 25-26-21-4.
(Indiana Board of Pharmacy; 856 IAC 1-39-6; filed Jun 27, 2006, 2:00 p.m.: 20060726-IR-856050139FRA)
Authority:
IC 25-1-8-2;
IC 25-26-21-7
Sec. 7. (a) The fee for an original licensure application shall be:
(1) one hundred fifty dollars ($150); and
(2) paid at the time of filing the initial application.
(b) The fee for a biennial renewal shall be:
(1) two hundred dollars ($200); and
(2) paid at the time of license renewal.
(Indiana Board of Pharmacy; 856 IAC 1-39-7; filed Jun 27, 2006, 2:00 p.m.: 20060726-IR-856050139FRA)
Authority:
IC 25-1-8-2;
IC 25-26-21-7
Sec. 8. Home medical equipment service provider licenses shall expire on December 31 of each odd-numbered year.
(Indiana Board of Pharmacy; 856 IAC 1-39-8; filed Jun 27, 2006, 2:00 p.m.: 20060726-IR-856050139FRA)
Authority:
IC 25-1-8-2;
IC 25-26-21-7
Sec. 9. Before being issued a license, each home medical equipment service provider shall obtain and maintain comprehensive business and liability insurance, consistent with minimum Medicare DMEPOS Supplier Standards.
(Indiana Board of Pharmacy; 856 IAC 1-39-9; filed Jun 27, 2006, 2:00 p.m.: 20060726-IR-856050139FRA)
856 IAC 1-39-10 Oxygen and related respiratory services
Authority:
IC 25-26-21-7
Sec. 10. In order to provide oxygen and related respiratory services, each licensee shall employ or contract with:
(1) a respiratory care practitioner licensed under IC 25-34.5; or
(2) another duly licensed health professional with education and training in oxygen and related respiratory services.
(Indiana Board of Pharmacy; 856 IAC 1-39-10; filed Jun 27, 2006, 2:00 p.m.: 20060726-IR-856050139FRA)
Authority:
IC 25-26-21-7
Sec. 11. (a) Each licensee shall conduct and document training for each employee:
(1) at the time of hire; and
(2) annually.
(b) Documentation of training shall be readily available for inspection.
(c) Training programs:
(1) shall be conducted according to industry standards; and
(2) may be subject to board approval.
(Indiana Board of Pharmacy; 856 IAC 1-39-11; filed Jun 27, 2006, 2:00 p.m.: 20060726-IR-856050139FRA)
Authority:
IC 25-26-21-7
Sec. 12. Each licensee shall maintain patient records, relevant to services rendered, in accordance with state and federal guidelines.
(Indiana Board of Pharmacy; 856 IAC 1-39-12; filed Jun 27, 2006, 2:00 p.m.: 20060726-IR-856050139FRA)
Authority:
IC 25-26-21-7
Sec. 13. Each licensee shall maintain documentation of the maintenance of equipment according to industry standards.
(Indiana Board of Pharmacy; 856 IAC 1-39-13; filed Jun 27, 2006, 2:00 p.m.: 20060726-IR-856050139FRA)
856 IAC 1-39-14 Personnel policies and procedures
Authority:
IC 25-26-21-7
Sec. 14. Each licensee shall maintain employee personnel records and policies consistent with the following:
(1) The scope of services provided.
(2) State and federal requirements.
(Indiana Board of Pharmacy; 856 IAC 1-39-14; filed Jun 27, 2006, 2:00 p.m.: 20060726-IR-856050139FRA)
856 IAC 1-39-15 Safety and quality of home medical equipment services
Authority:
IC 25-26-21-7
Sec. 15. Each licensee shall:
(1) clean;
(2) repair;
(3) store;
(4) segregate; and
(5) identify;
all equipment in a manner that makes the equipment safe for use by the public, according to industry standards.
(Indiana Board of Pharmacy; 856 IAC 1-39-15; filed Jun 27, 2006, 2:00 p.m.: 20060726-IR-856050139FRA)
Authority:
IC 25-26-21-7
Sec. 16. Each licensee shall ensure that each employee is appropriately licensed or credentialed, or both, for the services provided.
(Indiana Board of Pharmacy; 856 IAC 1-39-16; filed Jun 27, 2006, 2:00 p.m.: 20060726-IR-856050139FRA)
Authority:
IC 25-26-21-7
Sec. 17. Each licensee shall have a physical location from which home medical equipment services are provided.
(Indiana Board of Pharmacy; 856 IAC 1-39-17; filed Jun 27, 2006, 2:00 p.m.: 20060726-IR-856050139FRA)
Authority:
IC 25-26-21-7
Sec. 18. Each licensee shall provide twenty-four (24) hours a day, seven (7) days a week availability to their clients consistent with the nature of the services the licensee provides.
(Indiana Board of Pharmacy; 856 IAC 1-39-18; filed Jun 27, 2006, 2:00 p.m.: 20060726-IR-856050139FRA)
856 IAC 1-39-19 Medicare DMEPOS supplier standards
Authority:
IC 25-26-21-7
Sec. 19. The board hereby incorporates by reference the Medicare supplier standards titled Special Payment Rules for Items Furnished by DMEPOS Suppliers and Issuance of DMEPOS Supplier Billing Privileges found at 42 CFR 424.57(c), effective December 11, 2000.
(Indiana Board of Pharmacy; 856 IAC 1-39-19; filed Jun 27, 2006, 2:00 p.m.: 20060726-IR-856050139FRA)
Notice of Intent: July 1, 2005; 28 IR 3000
Proposed Rule: October 1, 2005; 29 IR 138
Hearing Held: June 22, 2006
Approved by Attorney General: June 22, 2006
Approved by Governor: June 27, 2006
Filed with Secretary of State: June 27, 2006, 2:00 p.m.
IC 4-22-7-5(c) Notice from Secretary of State Regarding Documents Incorporated by Reference: None Received by Publisher
Small Business Regulatory Coordinator: Joshua Bolin, Indiana Board of Pharmacy, Indiana Professional Licensing Agency, Indiana Government Center-South, 402 West Washington Street, Room W072, Indianapolis, Indiana 46204, (317) 234-2020, jbolin@hpb.in.gov
Posted: 07/26/2006 by Legislative Services Agency
DIN: 20060726-IR-856050139FRA
Composed: Apr 30,2024 1:16:00AM EDT
A
PDF version of this document.
