STATE OF WISCONSIN
Pharmacy Examining Board
IN THE MATTER OF RULE-MAKING PROCEEDINGS BEFORE THE
PHARMACY EXAMINING BOARD
ORDER OF THE PHARMACY EXAMINING BOARD
ADOPTING RULES
(CLEARINGHOUSE RULE 16-072)
ORDER
An order of the Pharmacy Examining Board to create ch. Phar 14 relating to home medical oxygen providers. Analysis prepared by the Department of Safety and Professional Services.
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ANALYSIS
Statutes interpreted: s. 450.076, Stats. Explanation of agency authority:
The Pharmacy Examining Board shall promulgate rules for its own guidance and for the guidance of the profession and define and enforce professional conduct and unethical practices not inconsistent with the law relating to pharmacy. [s. 15.08 (5) (b), Stats.] The Pharmacy Examining Board may promulgate rules necessary for the administration and enforcement of chapters 450 and 961. [s. 450.02 (d), Stats.] The Pharmacy Examining Board shall promulgate rules implementing this section. The rules shall include rules governing the professional conduct of licensed providers and their employees and agents. [ s. 450.076 (4), Stats.] Related statute or rule: N/A
Plain language analysis:
This rule establishes rules for home medical oxygen providers.
An applicant shall submit an application, fee and evidence of accreditation by a supplier of durable medical equipment, prosthetics, orthotics and supplies (DMEPOS) accreditation organization recognized by the U.S. Department of Health and Human Services, Centers for Medicare and Medicaid Services.
Standards of Professional Conduct include:
• Maintain accreditation status.
• Comply with all transportation rules and regulations regarding transporting oxygen.
• Comply with the Food and Drug Administration regarding transporting medical oxygen systems.
• Demonstrate that medical grade oxygen purity standards are met.
• Meet safety inspection requirements.
• Maintain recall procedures.
• Comply with maintenance and cleaning requirements.
• Implement a comprehensive preventative maintenance program.
• Maintain repair logs.
• Ensure accurate calibration.
• Provide counseling for use of equipment, safety precautions, emergency and routine contact procedures and written instructions for the operation of the equipment.
• Develop, implement and document a written plan of services in the patient record.
• Maintain all home medical oxygen records for a period of five years.
Summary of, and comparison with, existing or proposed federal regulation:
None.
