1. A. The State Board of Pharmacy may issue a license to an applicant for licensure as a supplier of durable medical equipment if the applicant pays the appropriate license fee established under Section 8 of this act and submits, in a form prescribed by the Board, an application and proof that the applicant:

   1. 1.

      1. a. Maintains a physical office or place of business within this state, or
      2. b. For a Medicare or Medicaid enrolled out-of-state supplier, maintains a physical office or place of business within one hundred (100) miles of a resident of this state being served by the supplier;
   2. 2. Has obtained a state sales tax permit and any other necessary license or permit as determined by the Board including but not limited to any permit from the State Department of Health; and

   3. 3. Meets all state and federal accreditation requirements.

      Each individual physical office or place of business owned or operated by the supplier must be licensed separately.

2. B.

   1. 1. The Board may issue a license to a Medicare or Medicaid enrolled out-of-state supplier who has at least one accredited facility within one hundred (100) miles of any resident of this state being served by the supplier.
   2. 2. The Board may assess a fee on out-of-state suppliers necessary to cover the cost of inspection of those suppliers. The inspection fee shall be in addition to the licensure fee.

3. C. A supplier licensed by the Board shall meet all safety standards established by the Board, which shall include, but not be limited to:

   1. 1. Ensuring that all personnel engaged in delivery, maintenance, and repair of durable medical equipment receive annual continuing education;
   2. 2. Instructing the patient or patient's caregiver about how to use the durable medical equipment provided;
   3. 3. Receiving and responding to complaints from patients;
   4. 4. Maintaining records of all patients receiving durable medical equipment; and
   5. 5. Managing, maintaining, and servicing durable medical equipment.

4. D. The Board may revoke or suspend a license for:

   1. 1. Violation of state or federal law;
   2. 2. Violation of rules promulgated pursuant to the Oklahoma Durable Medical Equipment Licensing Act;
   3. 3. Permitting, aiding, or abetting any illegal act;
   4. 4. Failing to meet the safety standards established by the Board pursuant to the Oklahoma Durable Medical Equipment Licensing Act;
   5. 5. Engaging in conduct or practices found by the Board to be detrimental to the health, safety, or welfare of patients; or
   6. 6. Failing to renew a license.

Laws 2022, HB 2649, c. 288, § 4, eff. November 1, 2022.