Legality of unscripted resale by those in sleep field

[BleepingBeauty]

Couldn't one in the sleep industry who sells used cpaps on Craigslist be risking getting in trouble? What would the charges be in such a case? Would the buyer have any liability if they knowingly bought such a machine, even though it was posted as by an owner and not as a dealer? Just wondering.

It's a great question, Kathy. I don't know the answer, but here's a current example of an ad on CL that appears to offer supplies from a dealer: http://sfbay.craigslist.org/nby/for/1660206825.html

I'm personally very grateful that a site like CL exists, no matter who it is that's listing xPAP equipment there, or I'd never have been able to acquire my "Houdini." If getting the right therapy for my problems means that I broke the "law," then I readily plead guilty.

And if the CPAP Police take me away in cuffs, you can bet I'll be taking Houdini with me to jail...

[p2pjunkie]

Here's an interesting solution to the whole prescription issue.. http://www.cpapprescription.com I read through their website, and I believe they will basically sell you a prescription for an xpap machine for $71.50. No office visit required.. Just fill in an online form.. If you want, for an extra fee, they'll talk to you, but it's not required.

[roster]

Here's an interesting solution to the whole prescription issue.. http://www.cpapprescription.com I read through their website, and I believe they will basically sell you a prescription for an xpap machine for $71.50. No office visit required.. Just fill in an online form.. If you want, for an extra fee, they'll talk to you, but it's not required.

Wonderful! Thanks for pointing that out.

Home studies done without having to visit a doctor is an excellent idea.

Here is is what they say about their mission:

We founded CPAPprescription.com on the simple concept of providing patients of Sleep Disorder Breathing an option for continuing their treatment without the hassle of making an appointment with the doctor and taking time off work in order to get a simple CPAP Prescription for a CPAP Mask or a replacement CPAP Machine.

When forming the online telemedicine option we learned that patients could also have a physician even process a CPAP Prescription for an at-home sleep study to efficiently diagnosis and recommend a treatment plan.

Check out their great prices. A never-diagnosed patient can spend $309.75 maximum and get a home sleep study, a consultation with a sleep doctor, a plan of treatmend and a prescription.

The market is progressing with low-cost alternatives. However, I guess our new health care bill will kill this type of innovation.

BTW, for those of us happy with our treatment, your GP will often be willing to write a CPAP prescription. I told mine I did not want to deal with the sorry sleep docs again and he said he would write me a CPAP prescription in the future.

[kevincoop]

Hi,
The previous DME that I worked for asked me to sell masks on craigslist all the time. The owner wanted me to do it because he didnt have time and wasnt computer literate, but it was probably because he didnt want to get in the middle of it. I do think it is against the law after reading a little about it. The fda made ebay take action against people selling cpap items on there, so craigslist shouldnt be any different. They just don't regulate it as strictly. I mean if there are people who are hiring prostitutes from craigslist and killing them, their system isnt perfect.


Thanks,
Kevin

[kevincoop]

Here are ebays standards if anyone is interested:
Medical Devices


For the health and safety of eBay users and to encourage compliance with applicable laws, eBay has instituted several rules relating to sales of medical devices on our site. eBay allows the sale of professional medical devices to authorized purchasers and sellers of medical devices must strictly follow certain rules set out below when listing such items on eBay.

Please see the “Additional Information” section for requirements before listing medical equipment and supplies (devices). Please see the “Some Examples” for examples of devices not permitted for sale on eBay.

Violations of this policy may result in a range of actions, including:

Listing cancellation

Limits on account privileges

Account suspension


Some Examples

Examples of Medical Devices that are not permitted on eBay:

Contact lenses

Prescription eyewear (vintage eyeglasses sold for collectible purposes are permitted)

Electrical Muscle Stimulation (EMS) units and their accessories that require a prescription

Transcutaneous Electrical Nerve Stimulators (TENS) machines and their accessories that require a prescription

Oxygen concentrators, oxygen compressors, oxygen conservers and their accessories that require a prescription

Defibrillators that are not approved for over-the-counter sale

Pulse oximeters that are not approved for over-the-counter sale

Continuous Positive Airway Pressure (CPAP), Bilevel Positive Airway (BiPAP) devices, and Variable Positive Airway Pressure (VPAP) devices that require a prescription

Implantable devices, such as pacemakers, heart valves, vascular grafts, ventricular bypass devices, and implantable infusion pumps.

[Goofproof]

Darn, I really wanted that Heart Valve, I already bought the Xacto Knife on Ebay to install it. Jim

[roster]

I was arrested for stealing equipment (because they claimed the concentrator was worth over 500 dollars it was a felony). Also, I was charged with dispensing prescription items without a business license. Luckily the district attorney read my statement and dropped my case (about 3 agonizing years later).

How about suing their b***s off for frivolous prosecution?

[kevincoop]

I would love to, but I figured I would go to a different company that competes agianst them and put them out of business that way. Its taking a little longer, but less expensive than lawyers.

[unadog]

Darn, I really wanted that Heart Valve, I already bought the Xacto Knife on Ebay to install it. Jim

When that doesn't work, you might try trepanning. I think you can buy most of the tools at Home Depot.

If it works, you may not need that CPAP any more! Which might prevent you from violating the law.

Heard a segment on some of these home practioners on the radio, maybe "This American Life"?

Trepanning is the medical procedure of drilling a hole in the head. In the middle ages, surgeons often trepanned the sick and the insane to let the devils out. These days, trepanation is performed only occasionally by medical doctors, to relieve pressure in the skull.

In the medical tradition of self-experimentation, Bart Huges (the founder of the New World Trepanation) sought to prove his theory by having himself trepanned. Unable to find a surgeon who would perform the operation, Huges decided he had better do it himself. After his first plan failed because his friends removed his tools, Huges kept his second plan to himself. This time he was successful: he drilled a hole in his own skull. Huges claimed that the procedure took forty-five minutes and caused no pain. Afterwards, he claimed to feel "as I felt before the age of fourteen." ......

Many people who do this trepanning later claim to have alien contacts and join the RAEL movement. The RAEL movement are people who are building a neutral place or place of peace for the coming of the ALIENS at the turn of the century