Ch. 183                                        1994 LAWS OF MARYLAND                            

(3) PROHIBIT THE CARE OF AN INDIVIDUAL WHO RELIES ON
TREATMENT IN ACCORDANCE WITH THE TENETS AND PRACTICES OF A
RECOGNIZED CHURCH OR RELIGIOUS DENOMINATION WITH OR WITHOUT

COMPENSATION, AND WHO IS CARED FOR IN ACCORDANCE WITH THOSE TENETS

AND PRACTICES; OR

(4) APPLY TO A PHARMACIST OR PHARMACY LICENSED UNDER TITLE 12
OF THE HEALTH OCCUPATIONS ARTICLE.

19-1703.

(A) AFTER CONSULTATION WITH REPRESENTATIVES OF THE HOME MEDICAL
EQUIPMENT SERVICES; INDUSTRY, THE DEPARTMENT SHALL ADOPT REGULATI0NS
THAT SPECIFY THE NONINVASIVE MEDICAL EQUIPMENT TO BE INCLUDED UNDER
THIS SUBTITLE, SET STANDARDS FOR THE REGISTRATION OF PERSONS WHO
PROVIDE HOME MEDICAL EQUIPMENT SERVICES, AND GOVERN THE SAFETY AND
QUALITY OF HOME MEDICAL EQUIPMENT SERVICES.

(B) THE REGULATIONS SHALL INCLUDE STANDARDS THAT REQUIRE ALL
HOME MEDICAL EQUIPMENT PROVIDERS TO:

           (1) COMPLY WITH ALL APPLICABLE STATE AND FEDERAL LICENSURE

AND REGULATORY REQUIREMENTS;                                                                             

(2)      MAINTAIN A PHYSICAL FACILITY AND MEDICAL EQUIPMENT
INVENTORY ON A SITE ZONED TO PERMIT THE BUSINESS ENGAGED IN;

(3)      ESTABLISH PROOF. OF PRODUCT LIABILITY INSURANCE AND
PROFESSIONAL LIABILITY INSURANCE; AND

(4) EMPLOY OR CONTRACT WITH APPROPRIATELY LICENSED HEALTH
CARE PRACTITIONERS WHEN PROVIDING SKILLED CARE.

(C) THE SECRETARY DEPARTMENT SHALL ADOPT REGULATIONS TO
ESTABLISH FEES FOR LICENSURE AND LICENSURE RENEWAL IN AN AMOUNT THAT
PRODUCES SUFFICIENT FUNDS TO COVER THE ACTUAL DIRECT AND INDIRECT
COSTS RESULTING FROM THE LICENSURE OF HOME MEDICAL EQUIPMENT
PROVIDERS UNDER THIS SUBTITLE.

19 1704.

(A)     EXCEPT AS OTHERWISE PROVIDED IN THIS SUBTITLE, A PERSON SHALL
BE LICENSED BY THE DEPARTMENT BEFORE THE PERSON MAY PROVIDE HOME
MEDICAL EQUIPMENT SERVICES.

(B)     AN APPLICANT FOR LICENSURE SHALL SUBMIT A STANDARDIZED
APPLICATION ON THE FORM REQUIRED BY THE DEPARTMENT AND PAY THE
LICENSURE FEE SET BY THE DEPARTMENT LICENSURE SHALL BECOME EFFECTIVE
UPON WRITTEN NOTIFICATION FROM THE DEPARTMENT THAT THE APPLICANT
MEETS THE STANDARDS AND REGULATIONS OF THIS SUBTITLE.

- 1546 -