License required to provide or hold oneself out as providing home medical equipment and services -- Exemptions
KRS 309.412
in effect309.412. License required to provide or hold oneself out as providing home medical equipment and services -- Exemptions
(1) No person shall provide home medical equipment and services, or use the title "home medical equipment and services provider" in connection with his or her profession or business, without a license issued by the board.
(2) Unless home medical equipment and services are provided through a separate legal entity, nothing in KRS 309.400 to 309.422 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;
(c) Home health agencies that do not engage in the provision of home medical equipment and services;
(d) Hospitals that provide home medical equipment and services only as an integral part of patient care;
(e) Manufacturers and wholesale distributors of home medical equipment who do not sell, lease, or rent home medical equipment directly to a patient;
(f) Pharmacies that are engaged in the sale, lease, or rental of home medical equipment and services;
(g) An employee of a person licensed under KRS 309.400 to 309.422;
(h) Hospice programs that do not involve the sale, lease, or rental of home medical equipment and services;
(i) Skilled nursing facilities that do not involve the sale, lease, or rental of home medical equipment and services;
(j) Government agencies, including fire districts which provide emergency medical services; and
(k) Notwithstanding subsection (1) of this section, an out-of-state provider whose primary business is the manufacture, distribution, or both, of highly specialized equipment who ships that equipment into this state if that equipment is not provided by a licensed Kentucky home medical equipment and services provider.
Effective: July 15, 2016
History: Repealed, reenacted, renumbered, and amended 2016 Ky. Acts ch. 103, sec. 3, effective July 15, 2016. -- Amended 2015 Ky. Acts ch. 56, sec. 4, effective June 24, 2015. -- Created 2012 Ky. Acts ch. 73, sec. 3, effective July 12, 2012. Formerly codified as KRS 315.514.
Source: Kentucky Legislative Research Commission (legislature.ky.gov)URL: https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=45239Fetched: 10/20/2026