StateLicense NameReq Out of State Online VerificationReq PharmaciesNotes
AK No License Required No - No
AL Retail Medical Oxygen Permit Yes Y No C: Please note that Oxygen Concentrators are not regulated by the board and do not require this license.
AL Home Medical Equipment Services Provider A: Effective June 1, 2014, all new suppliers with a principal place of business outside this state shall maintain at least one physical location within the state of Alabama, each of which shall be licensed. Effective September 1, 2014, all currently licensed out-of-state suppliers must demonstrate compliance with the new location requirement. (Added: 04/25/2014) (8RKRWY6471) Y No A: Effective June 1, 2014, all new suppliers with a principal place of business outside this state shall maintain at least one physical location within the state of Alabama, each of which shall be licensed. Effective September 1, 2014, all currently licensed out-of-state suppliers must demonstrate compliance with the new location requirement. (Added: 04/25/2014)
D: The licensure requirements of this chapter do not apply to the following entities or practitioners: (1) Home health agencies certified by the State of Alabama to participate in the Medicare and Medicaid programs. (2) Hospital based home medical equipment services, whether or not the services are provided through a separate corporation or other business entity. (3) Health care practitioners legally eligible to order or prescribe home medical equipment, or who use home medical equipment to treat patients in locations other than the patient's residence, including, but not limited to, physicians, nurses, physical therapists, respiratory therapists, speech therapists, occupational therapists, optometrists, chiropractors, and podiatrists, except for those practitioners, other than a licensed physician practicing medicine, who provide home medical equipment services in a patient's residence. (4) Manufacturers and wholesale distributors, when not selling directly to the patient. (5) Retail community pharmacies, including providers of home infusion therapy services. (6) Hospice programs, except programs which provide home medical equipment services, including delivery to a patient's residence. (7) Skilled nursing facilities, except facilities which provide home medical equipment services, including delivery to a patient's residence. (8) Governmental agencies, including fire districts which provide emergency medical services and contractors to governmental agencies whose business deals only with the contracted agency. (9) Mail order companies, as defined by rule of the board (See note H).
AR Supplier of Medical Equipment, Legend Devices, Medical Gas Permit Yes Y No A: If the supplier is providing medical gas to other licensed entities, such as hospital clinics, or other distributors, a “Wholesale Distributor License” is required. If the supplier is providing medical gas upon prescription to patients, then a Supplier of Medical Equipment, Legend Drug and Medical Gas License is required.
B: “Supplier of Medical Equipment, Legend Devices, or Medical Gas” permit, with expiration date, issued by the AR Board of Pharmacy, at 501-682-0190. Not required by health care professionals licensed in AR who practice within the scope of their profession to prescribe and/or dispense those devices (i.e. Physicians, Physical or Occupational Therapists, Respiratory Therapists), or if only selling orthotic/prosthetic items, canes, crutches, walkers, commodes, or manual wheelchairs.
AS No License Required No - No
AZ Compressed Medical Gas/Durable Medical Equipment (CMG/DME) Supplier Permit Yes Y No E: Effective 07/13/2013, the Arizona Board of Pharmacy has established a new CMG/DME (Compressed Medical Gas/Durable Medical Equipment) Supplier Permit. This license does not apply to the following unless there is a separate business entity engaged in the business of providing durable medical equipment or a compressed medical gas to a patient or consumer for use in a home or residence: a medical practitioner licensed under A.R.S. Title 32 (e.g., physicians, chiropractors, physical/occupational therapists, etc.); a hospital, long-term care facility, hospice, or other health-care facility using durable medical equipment or a compressed medical gas in the normal course of treating a patient; and a pharmacy. (Updated 04/22/2022 DR)
AZ Respiratory Care Practitioner License Yes Y No G: A supplier may deliver, set-up, demonstrate the operation, safety and maintenance of respiratory equipment; however, the sale or rental of any respiratory equipment must include written verification by a licensed respiratory therapist or respiratory therapy technician attesting that purchase or lease of the equipment is consistent with the prescription and the needs of the patient. The supplier may contract with a licensed individual to provide this service. The license requirement does not apply to registered, certified or licensed individuals pursuant to Title 32 of the Arizona Revised Statutes. (i.e. Podiatrists, Chiropractors, Dentists, Physicians, Nurses, Pharmacies, Physical Therapists, Physician Assistants) (Effective: 1992; Added 09/04/2014)
CA Home Medical Device Retailer license Yes - No A: Per California Health and Safety Code Section 111656.7: An Out-of-State Home Medical Device Retailer (HMDR) Registration is needed for out-of-state suppliers who sell or distribute prescription only medical devices as determined by the FDA into the state of California. Suppliers who sell or distribute non-prescription/over-the-counter only medical devices into California are not required to obtain the CA Out-of-State HMDR Registration. In addition, the HMDR license is not required if the supplier holds a California Retail Pharmacy Permit. Pharmacies located outside of California must hold a California Nonresident Pharmacy Permit. To verify a HMDR registration or HMDR exemptee license, complete the “HMDR Verification Form” located in the NSC DMEPOS License Directory. Click on the menu button at the top corner, select PDF Examples to locate the form. Email the completed form to FDBMedDevice@cdph.ca.gov.
CA Home Medical Device Retailer Exemptee License No - No D: In-state Home Medical Device Retailer (HMDR) facilities must employ either a licensed pharmacist or HMDR exemptee to dispense prescription/Rx only devices. To verify a HMDR registration or HMDR exemptee license, complete the “HMDR Verification Form” located in the NSC DMEPOS License Directory. Click on the menu button at the top corner, select PDF Examples to locate the form. Email the completed form to FDBMedDevice@cdph.ca.gov.
CA Drug Manufacturing License No - No C: A Drug Manufacturing License is required if a supplier is transfilling medical oxygen from a larger tank to a smaller tank. The CA Department of Public Health, Food and Drug Branch for Drug Manufacturing can be reached at (916) 650-6500.
CO No License Required No - No
CT Wholesaler of Drugs, Medical Devices and Cosmetics Registration Yes Y No
CT Manufacturer of Drugs, Medical Devices and Cosmetics Registration Yes Y No D: The Manufacturer of Drugs, Medical Devices and/or Cosmetics Registration is only needed if the supplier is filling canisters (transfilling). This is the case for both in-state and out-of-state suppliers. Edited 11-02-16
CT Respiratory Care Practitioner Yes Y No G: Unlicensed persons may set up equipment, but instructing patients on the use of the equipment should be done by licensed Respiratory Care Practitioners or other practitioners licensed in this state who are functioning within the scope of such license. (Effective: 10/01/1994; Added: 12/27/2013)
DC No License Required No - No
DE Medical Gas Dispenser License Yes Y Yes B: Please note that Oxygen Concentrators are not regulated by the board and do not require this license.
FL Home Medical Equipment Provider License Yes Y No C: Physicians providing DME must also obtain the Home Medical Equipment Provider License issued by the Florida Agency for Health Care Administration (AHCA). Also, if the physician is providing oxygen, they are required to be registered with the Board with the qualification of "Dispensing Practitioner". This allows the physician to provide oxygen to his patients only.
E: The following are exempt from home medical equipment provider licensure, unless they have a separate company, corporation, or division that is in the business of providing home medical equipment and services for sale or rent to consumers at their regular or temporary place of residence pursuant to the provisions of this part: (a) Providers operated by the Department of Health or Federal Government. (b) Nursing homes licensed under part II. (c) Assisted living facilities licensed under chapter 429, when serving their residents. (d) Home health agencies licensed under part III. (e) Hospices licensed under part IV. (f) Intermediate care facilities and homes for special services licensed under part V. (g) Transitional living facilities licensed under part XI. (h) Hospitals and ambulatory surgical centers licensed under chapter 395. (i) Manufacturers and wholesale distributors when not selling directly to consumers. (j) Licensed health care practitioners who use home medical equipment in the course of their practice but do not sell or rent home medical equipment to their patients. (k) Pharmacies licensed under chapter 465. (l) Physicians licensed under chapter 458, chapter 459, or chapter 460 for the sale or rental of electrostimulation medical equipment and electrostimulation medical equipment supplies to their patients in the course of their practice.
FL Medical Oxygen Retail Establishment Permit B: Out-of-state suppliers are not authorized to sell medical oxygen (liquefied or vaporized gas) to patients in Florida unless the supplier is a non-resident pharmacy licensed by the Florida Board of Pharmacy. The Medical Oxygen Retailer permit is not required if a supplier (in-state or out-of-state) only provides oxygen related equipment and supplies. (8MCKTA3522) Y No B: Out-of-state suppliers are not authorized to sell medical oxygen (liquefied or vaporized gas) to patients in Florida unless the supplier is a non-resident pharmacy licensed by the Florida Board of Pharmacy. The Medical Oxygen Retailer permit is not required if a supplier (in-state or out-of-state) only provides oxygen related equipment and supplies.
GA Durable Medical Equipment Suppliers Facility Permit Yes Y No A: The following are exempt unless any such person or entity has a separate company, corporation, or division that is in the business of supplying durable medical equipment to consumers and submits a claim for reimbursement by a third party: (1) Pharmacies and pharmacists; (2) Hospitals; (3) Ambulatory surgical centers; (4) Health care facilities owned or operated by the state or federal government; (5) Skilled nursing facilities; (6) Assisted living facilities; (7) Health care practitioners who: (A) Provide durable medical equipment within the scope of practice of the health care practitioner's profession; and (B) Are licensed in this state to practice the health care practitioner's profession. (Added: 02/01/2018)
GU Respiratory Therapist License Yes - No A: If the supplier is out of state, the supplier is not required to have a physical representative located in the state. Also the out of state supplier must be licensed in their home state.
HI Pharmacy License Yes Y Yes B: If a supplier has a Wholesale Prescription Drug Distributors license, the Pharmacy Miscellaneous Permit is not required to dispense medical oxygen to the patient.
D: If a company is delivering tanks filled with oxygen/medical oxygen to a beneficiary, then a Pharmacy License (if in-state company) or a Pharmacy Miscellaneous Permit (if out-of-state company) is required.
HI Durable Medical Equipment Supplier License Yes Y No E: Oxygen concentrators, empty tanks and nebulizers may be dispensed with only the Hawaii Durable Medical Equipment Supplier License. Edited 12/16/2019
F: Suppliers holding a Pharmacy Miscellaneous Permit (out of state pharmacy license) are not required to obtain a Durable Medical Equipment Supplier License.10/27/2017 WC
IA Limited Distributor License Yes Y No C: Limited Distributor License became effective Jan 1, 2019. The license requirement does not apply to physicians and other health care practitioners supplying items within the scope of their practice.
ID Respiratory Therapist License Yes Y Yes B: A Respiratory Therapist license or Polysomnography Technologist is required for set-up, adjustments, or any hands-on therapy. A supplier may contract with a licensed individual to provide this service to the patient.
ID Durable Medical Equipment Outlet Registration Yes Y No A: If an out of state supplier, you must obtain the Out of State Mail Order Pharmacy License or register as a DME provider with the Idaho Board of Pharmacy.
B: A Respiratory Therapist license or Polysomnography Technologist is required for set-up, adjustments, or any hands-on therapy. A supplier may contract with a licensed individual to provide this service to the patient.
IL Home Medical Equipment and Services Provider License Yes Y Yes C: The following home medical equipment services providers are exempt from licensure unless those practices, services, or activities include providing home medical equipment and services through a separate legal entity: (1) a person licensed or registered in this State by any other law engaging in the profession or occupation for which he or she is licensed or registered; (2) a home medical services provider entity that is accredited under home care standards by a recognized accrediting body; (3) hospitals, excluding hospital-owned and hospital-related providers of home medical equipment and services; (4) health care practitioners who lawfully prescribe, order, or use home medical equipment and services to treat their own patients (exemption is lost if dispensing equipment prescribed by other providers), including but not limited to physicians, nurses, physical therapists, respiratory therapists, occupational therapists, speech-language pathologists, optometrists, chiropractors, and podiatric physicians; (5) nursing homes; and (6) dentists.
IN Respiratory Care Practitioner Yes Y No J: Practice of respiratory care by other health care professionals: A supplier shall employ or contract with: (1) a respiratory care practitioner licensed under IC 25-34.5 or (2) another duly Indiana licensed health care professional such as a nurse, physician, or pharmacist with education and training in oxygen and related respiratory services.
IN Home Medical Equipment Service Provider Yes Y No B: The Home Medical Equipment Service Provider license does not apply to the following: (1) A hospital licensed under IC 16-21-2 that: (A) provides home medical equipment services only as an integral part of patient care; and (B) does not provide home medical equipment services through a separate business entity; (2) A practitioner (i.e. Physician, Dentist, Podiatrist, Optometrist) who does not sell, lease, or rent home medical equipment; (3) A provider that: (A) provides home medical equipment services within the scope of the licensed provider's professional practice; (B) is otherwise licensed by the state; and (C) receives annual continuing education that is documented by the provider or the licensing entity; (4) A pharmacist licensed in Indiana or a pharmacy that holds a permit issued under IC 25-26. If an out of state supplier, the supplier is not required to have a physical representative in the state. However, the supplier must be available twenty-four (24) hours a day to provide home medical equipment emergency maintenance per IC 25-26-21-6 regulation.
KS Nonprescription wholesale distributor registration Yes Y No G: A Nonprescription Wholesale Distributor Registration is only needed if a supplier is engaged in transfilling medical oxygen.
KS Durable Medical Equipment Certificate Yes Y No B: If you are distributing DME to a hospital, nursing home, or another drug distributor, you would need to be registered as either a prescription drug wholesaler or a non-prescription drug wholesaler depending on what products you are delivering. If you are selling or leasing DME to a nursing home for a specific patient then you would need to be registered as a DME provider.
C: Durable medical equipment" means equipment that: (1) Provides therapeutic benefits or enables an individual to perform certain tasks that the individual is unable to otherwise undertake due to certain medical conditions or illnesses; (2) is primarily and customarily used to serve a medical purpose; (3) generally is not useful to a person in the absence of an illness or injury; (4) can withstand repeated use; (5) is appropriate for use in the home, long-term care facility or medical care facility, but may be transported to other locations to allow the individual to complete instrumental activities of daily living that are more complex tasks required for independent living; and (6) may include devices and medical supplies or other similar equipment determined by the board in rules and regulations adopted by the board.
G: A Nonprescription Wholesale Distributor Registration is only needed if a supplier is engaged in transfilling medical oxygen.
KY Home Medical Equipment License Yes Y No C: Exemptions to the HME license include: Unless home medical equipment and services are provided through a separate legal entity, nothing in KRS 315.510 to 315.524 or any administrative regulations promulgated thereunder shall be construed as preventing or restricting the practices, services, or activities of the following: (a) A person licensed or registered in this state under any other law who is engaging in the profession or occupation for which he or she is licensed or registered; (b) Health care practitioners who lawfully prescribe or order home medical equipment and services, or who use home medical equipment and services to treat their patients; (d) Hospitals that provide home medical equipment and services only as an integral part of patient care; (f) Pharmacies that are engaged in the sale, lease, or rental of home medical equipment and services [Pharmacies that provide home medical equipment to patients as a separate business entity from the pharmacy must have home medical equipment license]; [pharmacies located outside of KY must hold a KY out-of-state pharmacy permit] (g) An employee of a person licensed under KRS 315.510 to 315.524; (j) Government agencies, including fire districts which provide emergency medical services. (k) An out-of-state manufacturer or provider of a sole source type of equipment that is not available through a provider in Kentucky or one of its reciprocal states.
G: Oxygen concentrators may be dispensed with only the Home Medical Equipment licensure.07/03/2017 JWC
KY Medicinal Gas Pharmacy Permit Yes Y No A: If a company is delivering oxygen tanks to a beneficiary, then a Medicinal Gas Pharmacy Permit is required. JWC 07/03/2017
KY Manufacturer Permit F: If an In-State facility is filling tanks then a Manufacturer Permit is required. If an Out Of State facility is filling tanks then a Wholesale Distributor License is required. (A6ENCD3323) Y Yes F: If an In-State facility is filling tanks then a Manufacturer Permit is required. If an Out Of State facility is filling tanks then a Wholesale Distributor License is required.
LA Medical Gas Warehouse Permit No - No A: Medical Gas Warehouse Permit (aka Permit To Operate) is required for providers who distribute medical gasses. New medical gas production or storage and distribution facilities operating within the state of Louisiana must hold a Permit to Operate from the Food and Drug Unit.
LA Durable Medical Equipment Permit (DME Permit) Yes Y No D: Effective May 02, 2012, the DME Permit will authorize the procurement, possession and provision of legend devices, medical gas and DME to Louisiana citizens. It specifically excludes authority for the procurement, possession, or provision of prescription drugs. It is required for all such suppliers regardless of their location. The Durable Medical Equipment (DME) Permit does not apply to the following persons or entities - unless these persons or entities have separate business entities engaged in the business of providing the covered items to patients at their home: (1) Chiropractors; (2) Dentists; (3) Occupational therapists; (4) Optometrists; (5) Physical therapists; (6) Physicians; (7) Podiatrists; (8) Respiratory therapists; (9) Speech pathologists; (11) Distributors; (12) Home health agencies; (13) Hospice programs; (14) Hospitals; (15) Long term care facilities; (16) Manufacturers; and (17) Pharmacies.
LA Manufacturer’s Permit No - No B: A Manufacturer’s Permit is required for suppliers that conduct transfilling operations and for facilities that use air separation units (ASU).
MA MA Controlled Substance Registration No Y Yes B: A Massachusetts Controlled Substance Registration is needed to dispense medical oxygen to patients in Massachusetts.
MD Residential Service Agency License D: The “Residential Service Agency” (RSA) license is required regardless of supplier type or pharmacy (in-state and out-of-state) if delivering DME, Orthotics, or Prosthetics to individuals in a private residence. This license is not needed if the business engages in mail order only via a common mail carrier. Additionally, the RSA license requirement does not apply to Maryland licensed home health agencies, hospitals, or individuals practicing in a health occupation for which the individual is authorized to practice under Health Occupations Article, Annotated Code of Maryland including Physicians, Podiatrists, Optometrists, Chiropractors, and Dentists. (8LMM280126) Y Yes C: “Residential service agency” means: (i) Any individual, partnership, firm, association, corporation, or other business entity of any kind that is engaged in a nongovernmental business of employing or contracting with individuals to provide at least one home health care service for compensation to an unrelated sick or disabled individual in the residence of that individual; or (ii) An agency that employs or contracts with individuals directly for hire as home health care providers. A branch office of the agency may operate under the same license that is issued to the agency (One license issued to multiple locations); however, each location must be listed on the branch letter provided with the RSA license from the Office of Health Care Quality (OHCQ). Effective July 1, 2018, the Residential Service Agency License is a non-expiring license.
D: The “Residential Service Agency” (RSA) license is required regardless of supplier type or pharmacy (in-state and out-of-state) if delivering DME, Orthotics, or Prosthetics to individuals in a private residence. This license is not needed if the business engages in mail order only via a common mail carrier. Additionally, the RSA license requirement does not apply to Maryland licensed home health agencies, hospitals, or individuals practicing in a health occupation for which the individual is authorized to practice under Health Occupations Article, Annotated Code of Maryland including Physicians, Podiatrists, Optometrists, Chiropractors, and Dentists.
E: “Home medical equipment services” means the delivery, installation, maintenance, or replacement of, or instruction in the use of, medical equipment used by a sick or disabled individual to allow the individual to be maintained in a noninstitutional environment.(9-1) “Medical equipment” means technologically sophisticated medical devices including but not limited to: (a) Oxygen and oxygen delivery systems; (b) Ventilators; (c) Respiratory disease management devices; (d) Electronic and computer-driven wheelchairs and seating systems; (e) Apnea monitors; (f) Transcutaneous electrical nerve stimulator (T.E.N.S.) units; (g) Low air loss cutaneous pressure management devices; (h) Sequential compression devices; (i) Neonatal home phototherapy devices; (j) Feeding pumps; and (k) Electrically powered hospital beds.
J: Oxygen Suppliers: If you are delivering oxygen to patients in their homes then you would be licensed as a Residential Service Agency (RSA) and would be regulated by the Office of Health Care Quality (OHCQ). If you are distributing oxygen - you would be regulated as a Wholesale Distributor by the Board of Pharmacy.
ME Retail Supplier of Medical Oxygen and Oxygen Devices License Yes Y No C: A retail supplier of medical oxygen and oxygen devices located within or outside Maine who sells or dispenses medical oxygen or oxygen devices to consumers who reside in Maine must have this license which is issued by the Maine Board of Pharmacy. A pharmacy licensed by the board may sell medical oxygen and oxygen devices without need of this license. This license expires annually on 31 Dec.
MI Wholesale Distributor License Yes Y No B: Wholesale Distributor license: Required for items which are considered to be Rx-only by FDA. The Wholesale Distributor license does not apply to dentists, licensed doctor of medicine, licensed doctor of osteopathic medicine and surgery, licensed doctor of podiatric medicine and surgery, or licensed optometrist if item falls within the scope of their practice and dispensed to their own patients.
MN Medical Gas Distributor Yes Y No A: Physicians are exempt. Also acceptable are the Medical Gas Wholesaler and Medical Gas Manufacturer Licenses. Please note that Oxygen Concentrators are not licensed by the board and do not require this license.
MO No License Required No - No
MP No License Required No - No
MS Medical Equipment Supplier Permit Yes Y No B: The permitting requirements of the Medical Equipment Supplier Permit 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; 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; dentists; and emergency medical services.
MT Wholesale Drug Distributor license Yes Y No A: Non pharmacies engaged in supplying medical gases to patients in Montana must hold a “Wholesale Drug Distributor” license showing a “Medical Gas Supplier” endorsement on the license issued by the Montana Board of Pharmacy.
B: Suppliers (in-state and out-of-state) who ship, sell, or dispense legend (Rx-only) medical devices as determined by the FDA pursuant to a prescription, directly to a consumer in this state, must be licensed with the Montana Board of Pharmacy and either hold a Wholesale Drug Distributor License or Certified Pharmacy License. If the supplier is a pharmacy and is located outside the state of Montana, a Mail Order Pharmacy license is required.
NC Re-packager Prescription Drug License/Registration D: Re-packager Prescription Drug License/Registration only required if transfilling medical oxygen.(updated 10/14/15 WC) (9HBQAW2441) - Yes D: Re-packager Prescription Drug License/Registration only required if transfilling medical oxygen.(updated 10/14/15 WC)
NC Device and Medical Equipment Dispensing Permit Yes Y No B: Each place, whether located in this State or out-of-state, that delivers medical equipment to the user of the equipment in this State shall register annually with the Board and obtain a medical equipment permit. A business that has a current pharmacy permit or a current device permit does not have to register and obtain a medical equipment permit. The address on the permit must match the location. “Medical equipment" means any of the following items that are intended for use by the consumer in the consumer's place of residence: (1) A device; (2) Ambulation assistance equipment; (3) Mobility equipment. (4) Rehabilitation seating; (5) Oxygen and respiratory care equipment; (6) Rehabilitation environmental control equipment; (7) Diagnostic equipment; (8) A bed prescribed by a physician to treat or alleviate a medical condition; The term "medical equipment" does not include (i) medical equipment used or dispensed in the normal course of treating patients by or on behalf of home care agencies, hospitals, and nursing facilities licensed under Chapter 131E of the General Statutes or hospitals or agencies licensed under Article 2 of Chapter 122C of the General Statutes; (ii) medical equipment used or dispensed by professionals licensed under Chapters 90 or 93D of the General Statutes, provided the professional is practicing within the scope of that professional's practice act; (iii) upper and lower extremity prosthetics and related orthotics; or (iv) canes, crutches, walkers, and bathtub grab bars. (Updated 01/19/2016 WC)
D: Re-packager Prescription Drug License/Registration only required if transfilling medical oxygen.(updated 10/14/15 WC)
ND Medical Gas Retailer License Yes Y No A: Effective August 1, 2013 suppliers (in-state and out-of-state) providing any devices pursuant to a prescription, directly to a consumer, must either hold a pharmacy license, or the new Durable Medical Equipment Retailer license or Medical Gas Retailer license if selling or delivering medical gas and related oxygen equipment, and employ or contract with a North Dakota licensed individual specifically authorized by their practice to prescribe or dispense those devices (i.e. Physicians, Physician Assistants, Pharmacists, Licensed Nurses (LPN and RN), Physical Therapists, Respiratory Therapists). Additionally, suppliers providing custom orthotics, prosthetics, and diabetic footwear must employ or contract with an individual who holds a national certification through the American Board of Certification (ABC) or the Board of Certification (BOC) to provide these items.
ND Respiratory Care Practitioner License Yes Y Yes A: Effective August 1, 2013 suppliers (in-state and out-of-state) providing any devices pursuant to a prescription, directly to a consumer, must either hold a pharmacy license, or the new Durable Medical Equipment Retailer license or Medical Gas Retailer license if selling or delivering medical gas and related oxygen equipment, and employ or contract with a North Dakota licensed individual specifically authorized by their practice to prescribe or dispense those devices (i.e. Physicians, Physician Assistants, Pharmacists, Licensed Nurses (LPN and RN), Physical Therapists, Respiratory Therapists). Additionally, suppliers providing custom orthotics, prosthetics, and diabetic footwear must employ or contract with an individual who holds a national certification through the American Board of Certification (ABC) or the Board of Certification (BOC) to provide these items.
NE No License Required No - No
NH Limited Retail Drug Distributors License Yes Y No B: Suppliers (in-state and out-of-state) who ship, sell, or dispense legend (Rx only) devices directly to consumers in New Hampshire pursuant to a practitioner's prescription order must hold a Limited Retail Distributor License. Pharmacies are exempt from this requirement.
NH Respiratory Care Practitioner License Yes Y Yes
NJ Respiratory Care Practitioner Yes Y No
NM Respiratory Care Practitioner License Yes Y No H: A New Mexico Respiratory Care Practitioner’s license is needed to provide any instruction and education regarding the prescription and clinical use of the equipment. Persons licensed by other New Mexico State agencies may perform the respiratory care functions and procedures as defined in the New Mexico Statutes, Section 61-12B-3, so long as they are authorized to do so by their profession’s licensing body. A supplier may contract with a New Mexico qualified individual to provide these services to the patient. Unlicensed persons may deliver respiratory equipment for use by a patient. (Added: 08/21/2014; Effective: 07/10/2000)
NV Respiratory Care Practitioner Yes Y No B: Per the Nevada State Board of Medical Examiners, a respiratory care practitioner is required for, but not limited to, therapeutic and diagnostic use of medical gas and the maintenance of associated apparatus; carrying out the written orders of a physician; CPAP/BiPAP setup and education as well as training relating to the practice of respiratory care. This individual may be a contract employee. A respiratory care practitioner is not required if only delivering equipment or medical gas to consumers.
D: The Medical Devices, Equipment & Gases License is required of any business engaged as a medical products provider that wishes to sell, lease or otherwise provide medical devices, equipment, supplies, and gases to a consumer in this state. Additionally, suppliers providing custom orthotics or prosthetics must be approved by the Board and submit evidence that the supplier has employed or contracted with an individual who holds a national certification through the American Board of Certification (ABC) or the Board of Certification (BOC) to provide these items. The license requirement does not apply to NV licensed Pharmacies, Hospitals, or Health Professionals (i.e. Physicians, Dentists, Podiatrists, Physical Therapists, Occupational Therapist, Registered Nurses or Respiratory Therapists) who sell, lease or otherwise provide medical devices, and gases within the scope of their license or registration in a health care facility other than the facility of the medical equipment provider to a consumer for use by that consumer pursuant to the order of a practitioner.
NV Medical Devices, Equipment & Gases License Yes Y No B: Per the Nevada State Board of Medical Examiners, a respiratory care practitioner is required for, but not limited to, therapeutic and diagnostic use of medical gas and the maintenance of associated apparatus; carrying out the written orders of a physician; CPAP/BiPAP setup and education as well as training relating to the practice of respiratory care. This individual may be a contract employee. A respiratory care practitioner is not required if only delivering equipment or medical gas to consumers.
D: The Medical Devices, Equipment & Gases License is required of any business engaged as a medical products provider that wishes to sell, lease or otherwise provide medical devices, equipment, supplies, and gases to a consumer in this state. Additionally, suppliers providing custom orthotics or prosthetics must be approved by the Board and submit evidence that the supplier has employed or contracted with an individual who holds a national certification through the American Board of Certification (ABC) or the Board of Certification (BOC) to provide these items. The license requirement does not apply to NV licensed Pharmacies, Hospitals, or Health Professionals (i.e. Physicians, Dentists, Podiatrists, Physical Therapists, Occupational Therapist, Registered Nurses or Respiratory Therapists) who sell, lease or otherwise provide medical devices, and gases within the scope of their license or registration in a health care facility other than the facility of the medical equipment provider to a consumer for use by that consumer pursuant to the order of a practitioner.
NY Respiratory Therapist Yes Y Yes D: Any instruction to the patient regarding the prescription and clinical use of equipment must be performed by a NY licensed respiratory therapist or another authorized practitioner such as a physician or registered nurse. A supplier may contract with a NY qualified individual to provide this service to the patient. Non licensed personnel may only deliver respiratory equipment for use by a patient.
NY Wholesaler/Repacker of Medical Gases Registration Yes Y No A: The Wholesaler/Repacker of Medical Gases Registration is needed if a supplier is engaged in transfilling medical oxygen.
OH Home Medical Services Provider License Yes Y Yes I: The Ohio Board of Pharmacy may issue a Certificate of Registration in lieu of the Home Medical Equipment Services Provider license if the supplier holds an accreditation from the Joint Commission on Accreditation of Healthcare Organizations or another national accrediting body recognized by the Ohio Board of Pharmacy.
L: A Home Medical Services Provider License is also required for home health agencies and the following health care practitioners who sell or rent home medical equipment: dentists, registered or licensed practical nurses, optometrists, opticians, pharmacists, physicians, podiatrists, chiropractors, speech-language pathologists or audiologists, occupational therapists, physical therapists, and respiratory care professionals. A pharmacy may be exempt from obtaining the Home Medical Equipment Services Provider License if total payments received are less than ten thousand dollars per year from selling or renting home medical equipment that would require a license. Additionally, the following are exempt: A hospital that provides home medical equipment services only as an integral part of patient care and does not provide the services through a separate entity that has its own Medicare or Medicaid provider number; nursing facilities; Orthotists, Prosthetists, Pedorthists or a home dialysis equipment provider regulated by federal law.
OH Respiratory Care Professional Yes Y No H: Please see Ohio Revised Code 4761.01 for the definition of Respiratory Care and for additional information. Installation and demonstration of home medical equipment used for the delivery of oxygen may be conducted by home medical equipment facility representatives (ORC 4752) that are not licensed respiratory therapists. However, if the service involves administering and/or instructing in the use of medical gases, a licensed respiratory therapist must perform such activity. 3/22/2019
OH Terminal Distributor of Dangerous Drugs, Retail Seller of Medical Oxygen Yes Y No J: Oxygen concentrators are NOT dangerous drugs and if that is the ONLY type of oxygen that a supplier provides, then a Terminal Distributor of Dangerous Drugs license is not required.
K: The TDDD-Retail Seller of Medical Oxygen license is not required if the supplier holds a valid category 02 or 03 pharmacy license. Pharmacies that hold a limited category 02 or 03 license will be issued an addendum as part of the license, listing the drug or medical gas a supplier may dispense. (TDDD-RSOX Effective: 1994; Added: 06/04/2013; Rev.1: 08/08/2013)
OK Medical Gas Supplier License Yes Y No A: Medical Gas Supplier License is required when supplying oxygen to patients. Please note that Oxygen Concentrators require the Durable Medical Equipment License issued by the Oklahoma Board of Pharmacy. The Board of Pharmacy can also issue a combination license for Medical Gas Distributor/Durable Medical Equipment Supplier.
OK Durable Medical Equipment (DME) Supplier License G: Any supplier that provides durable medical equipment to a consumer in this state shall possess a Durable Medical Equipment Supplier License issued by the State Board of Pharmacy pursuant to the Oklahoma Durable Medical Equipment Licensing Act. The Oklahoma Durable Medical Equipment Licensing Act shall not apply to: 1. Pharmacies and pharmacists; 2. Hospitals; 3. Ambulatory surgical centers; 4. Health care facilities owned or operated by the state or federal government; 5. Skilled nursing facilities; 6. Assisted living facilities; 7. Prosthetic or orthotic practitioners (within their scope of practice); 8. Health care practitioners who are licensed to practice health care in this state and who provide Durable Medical Equipment within the scope of their health care practice; 9. Manufacturers or wholesale distributors that do not sell or rent Durable Medical Equipment directly to consumers; 10. Suppliers of insulin infusion pumps and related supplies or services; or 11. Suppliers of medical devices approved by the U.S. Food and Drug Administration that are used in the treatment of cancerous tumors. (CRBLFF6502) Y No A: Medical Gas Supplier License is required when supplying oxygen to patients. Please note that Oxygen Concentrators require the Durable Medical Equipment License issued by the Oklahoma Board of Pharmacy. The Board of Pharmacy can also issue a combination license for Medical Gas Distributor/Durable Medical Equipment Supplier.
OR Medical Device, Equipment & Gas Outlet - Class C Registration Yes Y No
PA Drug & Device Registration, Category of Manufacturer and/or Distributor No Y No C: In state medical device or medical gas retailers/facilities physically handling oxygen or medical gases must have a registration from the PA. Dept of Health beginning with #1 or #3. If the facility is transfilling oxygen, the registration certificate should begin with the #1. If the facility is handling oxygen, but not transfilling, the registration certificate should begin with number 3. The aforementioned registrations (i.e. #1, or #3) permits facilities to handle medical devices as well and does not require a second or additional registration. If the registration certificate begins with a #4 or # 6, the facility is permitted to handle devices but NOT oxygen/gases. If certificate begins with a number other than 1, 3, 4, or 6 check with PA. Dept of Health 717-787-4779 for more clarification. Note, licensed healthcare facilities, pharmacies, and physicians/practitioners dispensing devices or gases directly to their own patients within their respective scope of practice or license are exempt from the Drug & Device registration along with virtual distributors/drop shippers/brokers/paper only offices do not need registration.
PR Distribuidor Al Por Menor de Medicamentos Sin Receta Yes - No
RI Drug Wholesaler License Yes Y Yes B: A Drug Manufacturer’s License is required if you are transfilling containers. A Drug Wholesaler’s License is required if you are delivering oxygen to patients on practitioners orders. Both licenses are issued by the Rhode Island Board of Pharmacy.
RI Drug Manufacturer License Yes Y Yes B: A Drug Manufacturer’s License is required if you are transfilling containers. A Drug Wholesaler’s License is required if you are delivering oxygen to patients on practitioners orders. Both licenses are issued by the Rhode Island Board of Pharmacy.
SC Medical Gases/Legend Devices Permit Yes Y No B: For out of state suppliers: A Non-Resident Pharmacy Permit authorizes facilities outside of this State whose primary business is filling mail order or internet prescriptions to engage in the sale, distribution, or dispensing of legend drugs or devices in this State. A Non-Resident Medical Gas & Legend Device Permit authorizes a facility to dispense to a patient or patient’s agent, medical gases and legend devices to end users in SC. Edited 11/07/2016
D: The Medical Gases/Legend Devices Permit is required for in-state and out-of-state suppliers that dispense medical gases and prescription (Rx-only) devices per FDA determination. The following practitioners and pharmacies are exempt from needing this permit: Physicians, Dentists, Optometrists, and Podiatrists who possess or administer devices in the regular course of their professional practice or dispense devices that are the lawful property of the practitioner. SC licensed Chiropractors may dispense Transcutaneous Electrical Nerve Stimulation (TENS) units without needing the Medical Gases/Legend Devices permit.
SD No License Required No - No
TN Oxygen Supplier License Yes Y No H: The Oxygen Supplier License allows for the sale, delivery, and distribution of medical gases to patients residing in this state.
TN Home Medical Equipment License Yes Y Yes A: Suppliers including Pharmacies may be exempt from the Home Medical Equipment License if they do not deliver or mail any devices to a person’s residence. Per Tenn. Code Ann. § 68-11-201(16)(B), the Home Medical Equipment License does not apply to: (1) Medical equipment used or dispensed in the normal course of treating patients by hospitals and nursing facilities as defined in this part, other than medical equipment delivered or dispensed by a separate unit or subsidiary corporation of a hospital or nursing facility or agency that is in the business of delivering home medical equipment to an individual’s residence; (2) Upper and lower extremity prosthetics and related orthotics; (3) Canes, crutches, walkers, and bathtub grab bars; (4) Medical equipment provided through a physician’s office incident to a physician’s service, other than delivering medical equipment to the resident’s home; (5) Equipment provided by a pharmacist which is used to administer drugs or medicine that can be dispensed only by a pharmacist; (6) Enteral and parenteral equipment provided by a pharmacist.
TN Certified Respiratory Therapist License Yes Y Yes E: A Registered Respiratory Therapist License is also acceptable. Any instruction and education of the patient regarding the prescription and clinical use of the equipment must be performed by a Tennessee Licensed Certified Respiratory Therapist, Licensed Registered Respiratory Therapist or another authorized practitioner such as a physician or registered nurse. A supplier may contract with a Tennessee qualified individual to provide this service to the patient. Delivery, repair or maintenance of respiratory equipment does not constitute the practice of respiratory care. Edited 10/31/16.
TX Prescription Drug Manufacturer License No Y No B: If located in-state and supplying oxygen, a “Distributor of Prescription Drugs License ”, or “Multiple Products (Wholesale Distributor of Compressed Medical Gases, Devices) License” or “Prescription Drug Manufacturer License” with expiration date is required. Suppliers that transfill tanks need the Prescription Drug Manufacturer License. If a supplier has multiple locations, but has a warehouse where the oxygen is stored, the location where the oxygen is stored is required to have the Wholesale Distributor of Compressed Medical Gases license. If any oxygen is stored at any other location, that location will also require a license. (Updated 01/06/2020)
TX Wholesale Distributor of Compressed Medical Gas License No Y No B: If located in-state and supplying oxygen, a “Distributor of Prescription Drugs License ”, or “Multiple Products (Wholesale Distributor of Compressed Medical Gases, Devices) License” or “Prescription Drug Manufacturer License” with expiration date is required. Suppliers that transfill tanks need the Prescription Drug Manufacturer License. If a supplier has multiple locations, but has a warehouse where the oxygen is stored, the location where the oxygen is stored is required to have the Wholesale Distributor of Compressed Medical Gases license. If any oxygen is stored at any other location, that location will also require a license. (Updated 01/06/2020)
TX Device Distributor License No Y No A: The Device Distributor license is not needed if the supplier holds a Device Manufacturer License. The Device Distributor and Manufacturer licenses do not apply to Physicians, Podiatrists, Optometrists, Dentists, Pharmacies, or licensed Hospitals if they only obtain the device for lawful administration to a patient or only provide the device directly to a patient. In addition, the Device Distributor and Manufacturer licenses do not apply to providers who only deliver non-FDA RX only (over-the-counter) devices directly to a patient. The provider may hold the Multi Products license that shows each covered commodity on the license. (i.e. Compressed Medical Gases, Nonprescription Drugs, Food, Devices) (Effective: 09/01/1989; Added: 09/2011; Rev.2: 03/20/2014)
UT Class E Pharmacy License Yes Y No A: If a supplier is shipping to the end user, a Utah license is required. The pharmacy classifications are as follows: -Pharmacy Class A: Retail Operations in Utah -Pharmacy Class B: Institutional Pharmacy (Closed Door, Hospice Facility, Sterile Product Preparation) -Pharmacy Class C: Manufacturing, Producing, Wholesaling -Pharmacy Class D: Pharmacy located outside the state of Utah -Pharmacy Class E: Medical Gases, DME
B: A Utah Controlled Substance License can be attached to Classes A through D which will enable a pharmacy to provide Controlled Substances.
C: A Medical Supply Company providing Durable Medical Equipment or prescription devices to Utah residents, whether located in Utah or located in another state, must be licensed as a Class E Pharmacy in Utah. Utah Pharmacy Practice Act Rules specifically state that Class E pharmacies do not require a Pharmacist-In-Charge.
VA Medical Equipment Supplier Yes Y No A: Per http://www.dhp.virginia.gov/pharmacy/pharmacy_faq.htm “If the out-of-state pharmacy is shipping, mailing, or otherwise delivering prescription drugs into Virginia to Virginia residents, registration as a non-resident pharmacy is required. However, if the out-of-state pharmacy is not mailing, shipping, or delivering into Virginia and is only dispensing to Virginia residents who come into the pharmacy to have prescriptions filled, Virginia law does not require registration.”
C: Medical Equipment Supplier: This permit gives the permit holder the authority to dispense, directly to the patient or ultimate user pursuant to an order of a prescriber, only the following prescription (Rx-only) items: hypodermic syringes and needles, medicinal oxygen, Schedule VI controlled devices, those Schedule VI controlled substances with no medicinal properties that are used for the operation and cleaning of medical equipment, solutions for peritoneal dialysis, and sterile water or saline for irrigation. Suppliers located outside of Virginia must hold a Non-Resident Medical Equipment Supplier permit. The permit is not needed if the supplier only provides non-prescription (over-the-counter) devices.
VI No License Required No - No
VT No License Required No - No
WA No License Required No - No
WI Home Medical Oxygen Provider Yes Y Yes A: Effective May 1, 2015, a supplier that provides medical oxygen directly to a consumer or patient in this state for that consumer’s or patient’s own use must be licensed by the Department of Pharmacy as a Home Medical Oxygen Provider. A license is not required for any of the following: (1) A person that holds a current credential, as defined in Chapter 440, Department of Safety and Professional Services, s. 440.01(2)(a) and acting within the scope of that credential (i.e. pharmacist, physician, etc.); (2) A hospital, excluding any home medical oxygen provider that is owned or operated by a hospital; (3) An employee or agent of a licensed provider acting within the scope of his or her employment or agency. For a more information on exemption please refer to http://docs.legis.wisconsin.gov/statutes/statutes/440/I/01/2/a (Rev. 04/30/2015)
WI Drug Manufacturing License No Y No B: Drug Manufacturing License needed if re-packing/transfilling oxygen tanks, e.g. filling portable tanks from stationary ones.
WV No License Required No - No
WY Medical Oxygen Distributor Registration Yes Y Yes
WY Respiratory Care Practitioner Yes Y Yes A: An individual, other than a respiratory care practitioner, employed by a home medical equipment company may install and maintain home respiratory equipment, provided he or she does not perform patient assessment or patient care relating to home respiratory care.