As used in this part:

1. (1) “Home medical equipment, legend device, and medical gas supplier” means a person, business, corporation, agency, company, etc., licensed to supply home medical equipment, medical gases, and/or legend devices to patients on an order from medical practitioners licensed to order, use, or administer these products and to other persons, businesses, corporations, agencies, companies, etc., licensed to supply:

   1. (A) Home medical equipment;
   2. (B) Medical gases; and/or
   3. (C) Legend devices;
2. (2) “Home medical equipment services” means the delivery, installation, maintenance, replacement, and/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;

3. (3)

   1. (A) “Legend device” means a device that because of any potential for harmful effect or the method of its use is not safe except under the supervision of a practitioner.
   2. (B) These devices, as approved by the Food and Drug Administration, may be labeled “Caution: Federal (USA) law restricts this device to sale by or on the order of a physician”;

4. (4)

   1. (A) “Medical equipment” means technologically sophisticated medical devices including but not limited to:

      1. (i) Oxygen and oxygen delivery systems;
      2. (ii) Ventilators;
      3. (iii) Respiratory disease management devices;
      4. (iv) Electronic and computer driven wheelchairs and seating systems;
      5. (v) Apnea monitors;
      6. (vi) Transcutaneous electrical nerve stimulator units;
      7. (vii) Low air loss cutaneous pressure management devices;
      8. (viii) Sequential compression devices;
      9. (ix) Neonatal home phototherapy devices;
      10. (x) Feeding pumps;
      11. (xi) Electrically powered hospital beds;
      12. (xii) Infusion pumps; and
      13. (xiii) Patient lifts.

   2. (B) The term “medical equipment” does not include:

      1. (i) Medical equipment used or dispensed in the normal course of treating patients by:

         1. (a) (a) Hospitals;
         2. (b) (b) Hospices;
      2. (c) (c) Nursing facilities; or
      3. (d) (d) Home health agencies;
      4. (ii) Medical equipment used or dispensed by healthcare professionals licensed in Arkansas, provided the professional is practicing within the scope of that professional’s practice act; or

      5. (iii) Upper and lower extremity prosthetics and related orthotics or:

         1. (a) (a) Canes;
         2. (b) (b) Crutches;
      6. (c) (c) Walkers;

      7. (d) (d) Bathtub grab bars;

         1. (e) (e) Standard wheelchairs;
         2. (f) (f) Commode chairs; and
         3. (g) (g) Bath benches;
5. (5) “Medical gas” means those gases and liquid oxygen intended for human consumption; and
6. (6) “Order” means an order issued by a licensed medical practitioner legally authorized to order medical gases and/or legend devices.