43-15.3-10. Retail medical gas retailers - Reciprocity

43-15.3-10. Retail medical gas retailers - Reciprocity

1. A person may not sell or deliver medical gases and related medical equipment directly

to a consumer unless licensed by the board as a retail medical gas retailer.

a. As a term of licensure under this section, a licensee shall employ or contract with

an in-state licensed respiratory therapist or other health care professional

authorized by that professional's practice act to prescribe or administer the

medical gases and related medical equipment. The applicant shall furnish on the

application the name and license number of the individual or licensee the

applicant employees or with which the applicant contracts. Within thirty days of a

change, a retailer shall provide the board with notice of any change in the

licensee.

b. A retail medical gas retailer may sell or deliver to a patient's home medical gases

and related equipment in accordance with a practitioner's prescription or drug

order. The retail medical gas retailer shall keep the original drug order or an

electronic copy of each drug order at the licensed location or must have available

for inspection an electronic copy of the original drug order or electronic copy of

the drug order. A prescription or drug order is not valid after one year, except a

prescription or order for maintenance equipment may be perpetual. A retail

medical gas retailer shall maintain a prescription or drug order for five years.

2. An out-of-state retail medical gas retailer or a principal or agent of the retailer may not

conduct business in this state unless the retailer is licensed by the board as a retail

medical gas retailer, paid the fee required by the board, and is registered with the

secretary of state. An applicant shall submit an application for a license on a form

furnished by the board and the application must be accompanied by a copy of the

certificate of authority from the secretary of state. The issuance of a license under this

section does not change or affect tax liability imposed by this state on an out-of-state

medical gas retailer.

3. The board may adopt rules that permit an out-of-state retail medical gas retailer to

obtain a license on the basis of reciprocity if the retailer possesses a valid license

granted by another jurisdiction and the legal standards for licensure in the other

jurisdiction are comparable to the standards under this chapter and if the other

jurisdiction extends reciprocity to retail medical gas retailers licensed in this state.

However, if the requirements for licensure under this chapter are more restrictive than

the standards of the other jurisdiction, the out-of-state retail medical gas retailer shall

comply with the additional requirements of this chapter to obtain a license under this

chapter.