The Florida Senate

400.93  Licensure required; exemptions; unlawful acts; penalties.--

(1)  Any person or entity that holds itself out to the public as providing home medical equipment and services or accepts physician orders for home medical equipment and services is subject to licensure under this part.

(2)  Any person or entity that holds itself out to the public as providing home medical equipment that typically requires home medical services is subject to licensure under this part.

(3)  A home medical equipment provider must be licensed by the agency to operate in this state or to provide home medical equipment and services to consumers in this state. A standard license issued to a home medical equipment provider, unless sooner suspended or revoked, expires 2 years after its effective date.

(4)  A separate license is required of all home medical equipment providers operating on separate premises, even if the providers are operated under the same management.

(5)  The following are exempt from home medical equipment provider licensure, unless they have a separate company, corporation, or division that is in the business of providing home medical equipment and services for sale or rent to consumers at their regular or temporary place of residence pursuant to the provisions of this part:

(a)  Providers operated by the Department of Health or Federal Government.

(b)  Nursing homes licensed under part II.

(c)  Assisted living facilities licensed under chapter 429, when serving their residents.

(d)  Home health agencies licensed under part III.

(e)  Hospices licensed under part IV.

(f)  Intermediate care facilities, homes for special services, and transitional living facilities licensed under part V.

(g)  Hospitals and ambulatory surgical centers licensed under chapter 395.

(h)  Manufacturers and wholesale distributors when not selling directly to consumers.

(i)  Licensed health care practitioners who utilize home medical equipment in the course of their practice, but do not sell or rent home medical equipment to their patients.

(j)  Pharmacies licensed under chapter 465.

(6)(a)  It is unlawful for any person to offer or advertise home medical equipment and services to the public unless he or she has a valid license under this part or is exempted from licensure under subsection (5). It is unlawful for any holder of a license issued under this part to advertise or indicate to the public that it holds a home medical equipment provider license other than the one it has been issued.

(b)  A person who violates paragraph (a) is subject to an injunctive proceeding under s. 400.956 A violation of paragraph (a) is a deceptive and unfair trade practice and constitutes a violation of the Florida Deceptive and Unfair Trade Practices Act.

(c)  A person who violates paragraph (a) commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083 A person who commits a second or subsequent violation commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083 Each day of continuing violation constitutes a separate offense.

(d)  The following penalties shall be imposed for operating an unlicensed home medical equipment provider:

1.  Any person or entity who operates an unlicensed provider commits a felony of the third degree.

2.  For any person or entity who has received government reimbursement for services provided by an unlicensed provider, the agency shall make a fraud referral to the appropriate government reimbursement program.

3.  For any licensee found to be concurrently operating licensed and unlicensed provider premises, the agency may impose a fine or moratorium, or revoke existing licenses of any or all of the licensee's licensed provider locations until such time as the unlicensed provider premises is licensed.

(e)  A provider found to be operating without a license may apply for licensure, and must cease operations until a license is awarded by the agency.

History.--s. 1, ch. 99-189; s. 2, ch. 2001-214; s. 68, ch. 2006-197.