Section 109948 Of Chapter 1. General Provisions And Definitions From California Health And Safety Code >> Division 104. >> Part 5. >> Chapter 1.
109948
. (a) "Home medical device retail facility" is an area,
place, or premises, other than a licensed pharmacy, in and from which
prescription devices, home medical devices, or home medical device
services are sold, fitted, or dispensed pursuant to prescription.
"Home medical device retail facility" includes, but is not limited
to, any area or place in which prescription devices, home medical
devices, or home medical device services are stored, possessed,
prepared, manufactured, or repackaged, and from which the
prescription devices, home medical devices, and home medical device
services are furnished, sold, or dispensed at retail.
(b) "Home medical device retail facility" shall not include any
area in a facility licensed by the department where floor supplies,
ward supplies, operating room supplies, or emergency room supplies of
prescription devices are stored or possessed solely for treatment of
patients registered for treatment in the facility or for treatment
of patients receiving emergency care in the facility.
(c) "Home medical device retail facility" shall not include any
area of a home health agency licensed under Chapter 8 (commencing
with Section 1725) of, or a hospice licensed under Chapter 8.5
(commencing with Section 1745) of Division 2 where the supplies
specified in subdivision (c) of Section 4057 of the Business and
Professions Code are stored or possessed solely for treatment of
patients by a licensed home health agency or licensed hospice, as
long as all prescription devices are furnished to these patients only
upon the prescription or order of health care practitioners
authorized to prescribe or order home medical devices or who use home
medical devices or who use home medical devices to treat their
patients.