KRS 309.412: 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 conne ction 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 provisi on 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 s ale, 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.