Pretty amazing, isn't it? Here's what has been discovered so far.RipVW wrote:Well, I just don't get it. All of us (I think) purchased our pulse oximeters without a prescription--they are offered by companies all over the Internet with no prescription requirements.
- The FDA doesn't require a prescription for oximeters, but allows it.
- A manufacturer/vendor doesn't want liability for anything medical.
- It's apparently not possible to write usage instructions suitable for a "lay" person.
- Physicians are willing to take complete responsibility for proper usage.
- In return, physicians earn a hefty profit for every prescription.
This is an amazing house of cards, me thinks. I'd be willing to bet that what the folks at CPAPauction are struggling with are possible FDA enforcement actions. Even though the FDA doesn't require a prescription for oximeters, if a manufacturer decides that a prescription is required for medical use what are the implications for vendors?
Obviously, given that SPO sells the identical device in both the prescription and non-prescription markets, the manufacturer can sell an oximeter without requiring a prescription for it. SPO calls the same device in one case a "medical" device and the other a "sports" device.
Can a vendor legally sell a device labeled "Rx only" without a prescription? Probably not to the medical market, but can a vendor relabel the device "for non-medical use only" and then sell it without a prescription? Logically, it would seem so. However, there are powerful behind-the-scenes forces which might object (as we've already observed in recent actions of ResMed and Respironics) and those forces could certainly instigate a protracted legal battle.
And so . . ., the absurdity of requiring prescriptions for non-prescription items continues.
Regards,
Bill