Any liability with selling an APAP unit

[Chevie]

what's your point and how does it relate to what I said? what does this have to do with the topic being discussed in this thread?

You may learn, if you read enough of his posts, that Avi has either slipped into dementia or is suffering from some mind-altering prescription medications. I am not saying this to be funny. There is something seriously wrong with Avi.

[chunkyfrog]

I still maintain that selling any used but working cpap equipment at a substantial discount should qualify
as a compassionate act, thus protecting the seller from retribution or prosecution under Good Samaritan laws,
even when done so without a prescription
After all, how often are cpaps used FOR FUN?
(((Well, I guess cannabis oil could be put in the tank, and we could all take hits off the hose . . .)))
{{{Image of Stacy Keach Jr morphing into a giant iguana}}}

[palerider]

I still maintain that selling any used but working cpap equipment at a substantial discount should qualify
as a compassionate act, thus protecting the seller from retribution or prosecution under Good Samaritan laws,
even when done so without a prescription
After all, how often are cpaps used FOR FUN?
(((Well, I guess cannabis oil could be put in the tank, and we could all take hits off the hose . . .)))
{{{Image of Stacy Keach Jr morphing into a giant iguana}}}

+1

[LSAT]

I'm in trouble....I'm waiting for the CPAP police to knock on my door.....I just sold an S9 autoset on Craigslist....The buyer did not have a prescription....he was sending it to a relative in the Philippines.

[palerider]

I'm in trouble....I'm waiting for the CPAP police to knock on my door.....I just sold an S9 autoset on Craigslist....The buyer did not have a prescription....he was sending it to a relative in the Philippines.

they don't KNOCK...

[chunkyfrog]

"They don't KNOCK."
Palerider, you are one evil little d'evil.
---chances are no one will bother.
Think civil disobedience--some laws NEED to be broken, as they are WRONG.

[palerider]

"They don't KNOCK."
Palerider, you are one evil little d'evil.
---chances are no one will bother.
Think civil disobedience--some laws NEED to be broken, as they are WRONG.

I'm an angelic little devil. *points to picture for proof*.

if anyone did bother, it'd be a first, but hey, I know you like messing with paranoid heads

[SewTired]

I am not expert in this area and don't even play one on the internet. However, I did enquire from our Health Dept. about this stuff a couple of years ago when my SIL passed (she had a LOT of medical equipment). Used durable medical equipment (even prescription stuff) appears to fall into a different category than new. If you are selling as an individual, it falls under the buyer beware stuff. Your liability is no different than if you sold a car or other used item - which generally is limited to the price of the item sold.

If you received your equipment from Medicaid, you may need permission of your state to resell it because you may not actually own it.

Now, Secondwindcpap.com does need a prescription because he is a respiratory therapist and many machines are purchased by people who don't know how to do their own settings. He can't change those settings because as an RT, he has to have doctor's orders. In addition, it was probably the only way he could expand to selling out-of-box (which is considered new) and Devilbliss machines. That's my theory anyway based on what I could find for my state's laws (MN).