(1) DEFINITIONS. In this section: (a) “Home medical oxygen provider” means a person that provides medical oxygen directly to a consumer or patient in this state for that consumer’s or patient’s own use. (b) “Licensed provider” means a home medical oxygen provider licensed under this section. (c) “Medical oxygen” means oxygen that is a prescription drug. (2) LICENSE REQUIRED. (a) Except as provided in par. (b), no person may operate as a home medical oxygen provider, use the title “home medical oxygen provider” or any similar title, or hold itself out as a home medical oxygen provider unless the person is a licensed provider. (b) No license under this section is required for any of the following: 1. A person that holds a current credential, as defined in s. 440.01 (2) (a), and is acting within the scope of that credential. 2. A hospital, excluding any home medical oxygen provider that is owned or operated by a hospital. 3. An employee or agent of a licensed provider acting within the scope of his or her employment or agency. (3) LICENSURE. The board may grant a license to act as a home medical oxygen provider to a person that does all of the following: (a) Submits an application for licensure on a form provided by the board. (b) Pays the fee specified in s. 440.05 (1). (c) Satisfies any other requirements established by the board by rule. (4) RULES. The board shall promulgate rules implementing this section. The rules shall include rules governing the professional conduct of licensed providers and their employees and agents.
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