AB 26

Under current law, oxygen intended for medical use is a prescription drug that

may generally be dispensed to a patient only by a pharmacist licensed by the

Pharmacy Examining Board (board) or by a physician or other authorized

practitioner. This bill establishes a licensure program to be administered by the

board for persons that dispense medical oxygen directly to patients. Under the bill,

such a person, if licensed by the board, is exempt from pharmacist licensing

requirements for activities that fall within the scope of the license.

Under the bill, subject to certain exceptions, any person that provides home

medical oxygen directly to patients must be licensed by the board. The bill requires

the board to grant a home medical oxygen provider license to a person applying for

the license that pays the applicable initial licensure fee and meets any other

requirements established by the board by rule.

The bill requires the board to adopt rules implementing the bill's provisions,

including rules governing the professional conduct of licensed home medical oxygen

providers and their employees and agents. The bill authorizes emergency rule

making.