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Is it legal to sell a used CPAP machine

Posted: Mon Jul 21, 2008 1:22 pm
by DCTom
I have 2 CPAP machines I no longer use. Each one is practically new and used less than 3 months. Does anybody know, can I sell these on the "open market" or not? Thanks!


Posted: Mon Jul 21, 2008 1:25 pm
by DreamStalker

Posted: Mon Jul 21, 2008 1:31 pm
by Sergey45
Well, I don’t see any reason why not. Just specify everything and make a truthful description of each item. The problem is where you’ll do it? It’s no longer available on Ebay..

Posted: Mon Jul 21, 2008 1:39 pm
by danw61
I believe the reason ebay doesn't allow cpap machines is the issue of having a prescription. I doubt you would get in trouble selling it in a forum like this, but I'm not a lawyer. To be safe you're better off selling on http://cpapauction.com/ as DreamStalker suggested. Cpapauction.com verifies all bidders have a prescription on file with them so you don't have to worry about it. Plus they (cpapauction.com & cpap.com) do a great job hosting this forum.

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CPAPopedia Keywords Contained In This Post (Click For Definition): cpap.com, CPAP, Prescription


Posted: Mon Jul 21, 2008 1:55 pm
by Sergey45
[quote="danw61"]I believe the reason ebay doesn't allow cpap machines is the issue of having a prescription. I doubt you would get in trouble selling it in a forum like this, but I'm not a lawyer. To be safe you're better off selling on http://cpapauction.com/ as DreamStalker suggested. Cpapauction.com verifies all bidders have a prescription on file with them so you don't have to worry about it. Plus they (cpapauction.com & cpap.com) do a great job hosting this forum.


Re: Is it legal to sell a used CPAP machine

Posted: Mon Jul 21, 2008 1:59 pm
by Wulfman
DCTom wrote:I have 2 CPAP machines I no longer use. Each one is practically new and used less than 3 months. Does anybody know, can I sell these on the "open market" or not? Thanks!
Or.......just list them in another post in this thread......
There may be some who don't have a prescription and need a machine. To purchase one off of cpapauction.com, one needs a prescription.

Good to see you back here, Tom. It's been quite some time (I checked your last posts). Have you given up CPAP therapy or did you migrate to other machines?

To answer your basic question.....Yes, you can sell them on the open market. They are frequently encountered at yard sales and second hand stores among other places.

Den


Posted: Mon Jul 21, 2008 2:12 pm
by Guest
Den: Regardless of where it's sold and who sells it, it's STILL a medical device in the eyes of the FDA as well as any attorney that may be interested in where his client purchased it, should an undesired event occur.

Someone selling their used CPAP in a garage sale is simply asking for trouble and not a very smart individual.

THESE ARE MEDICAL DEVICES PEOPLE!


Posted: Mon Jul 21, 2008 2:37 pm
by Slinky
Unless it was a friend or neighbor who the h*ll is gonna remember the name or address of a rummage sale??

Posted: Mon Jul 21, 2008 2:49 pm
by Sergey45
[quote="Anonymous"]Den: Regardless of where it's sold and who sells it, it's STILL a medical device in the eyes of the FDA as well as any attorney that may be interested in where his client purchased it, should an undesired event occur.

Someone selling their used CPAP in a garage sale is simply asking for trouble and not a very smart individual.

THESE ARE MEDICAL DEVICES PEOPLE!


Posted: Mon Jul 21, 2008 2:49 pm
by JeffH
[quote="Anonymous"]Den: Regardless of where it's sold and who sells it, it's STILL a medical device in the eyes of the FDA as well as any attorney that may be interested in where his client purchased it, should an undesired event occur.

Someone selling their used CPAP in a garage sale is simply asking for trouble and not a very smart individual.

THESE ARE MEDICAL DEVICES PEOPLE!


Posted: Mon Jul 21, 2008 3:25 pm
by Wulfman
Anonymous wrote:Den: Regardless of where it's sold and who sells it, it's STILL a medical device in the eyes of the FDA as well as any attorney that may be interested in where his client purchased it, should an undesired event occur.

Someone selling their used CPAP in a garage sale is simply asking for trouble and not a very smart individual.

THESE ARE MEDICAL DEVICES PEOPLE!
And, if some needy people can get some use out of them, more power to 'em.
They're obviously not doing anybody any good sitting where they are in all the closets and garages around the country because of the failures of the "Medical Professionals" to help the intended users......the ones who either gave up on their therapy or died because SOMEBODY gave up on THEM.

Den


Posted: Mon Jul 21, 2008 5:18 pm
by schleima
[quote="Anonymous"]Den: Regardless of where it's sold and who sells it, it's STILL a medical device in the eyes of the FDA as well as any attorney that may be interested in where his client purchased it, should an undesired event occur.

Someone selling their used CPAP in a garage sale is simply asking for trouble and not a very smart individual.

THESE ARE MEDICAL DEVICES PEOPLE!


Posted: Mon Jul 21, 2008 6:17 pm
by Slinky
RIGHT ON, Den!!! You are so right on target!

And schleima kudos! You've said it so succinctly!!
schleima wrote:This really cuts to the heart of the ridiculousness of CPAP therapy in America. I'm a Type 1 diabetic on an insulin pump which delivers a necessary but potentially deadly hormone into my body everyday. Without education and medical supervision, one could die from its misuse. A prescription, medical supervision and proper education is critical in order to assure the life and health of the patient in insulin pump therapy. ...

Posted: Mon Jul 21, 2008 9:58 pm
by Madbadvoodoo
I treated myself for almost a year before I got insurance and had a sleep study! I bought a used Resmed S7 Lightweight off the black market for $200 and adjusted the pressure according to how I felt the next day. I don’t recommend this but it worked for me! My sleep Doc blew me some shit for this but I explained to him that desperate people do desperate things! BTW my auto is at 12 90% of the time and I had my S7 set at 11.3 LOL!!!!


Posted: Mon Jul 21, 2008 10:09 pm
by Huh?
Anonymous wrote:Den: Regardless of where it's sold and who sells it, it's STILL a medical device in the eyes of the FDA as well as any attorney that may be interested in where his client purchased it, should an undesired event occur.

Someone selling their used CPAP in a garage sale is simply asking for trouble and not a very smart individual.
Somebody should warn Craigs List then. Besides, xpap machines are medical devices, so what? That's a moot point. Every heard of common sense? Or do you want the FDA or the government to regulate common sense too so we all stop thinking and let someone else do it for us?