Any liability with selling an APAP unit

avi123 wrote:

Chevie wrote:

avi123 wrote:the practice of medicine itself is a slippery term which can be difficult to define

Selling someone a used CPAP is not practicing medicine.

Advising someone on stopping mask leaks is not practicing medicine.

Advising someone on how to adjust machine settings is not practicing medicine.

Telling someone their pressure settings seem to be too low is not practicing medicine.

Telling someone a pressure setting of 4 - 20 is a brainless setting is not practicing medicine.

Telling someone not to let their DME screw them is not practicing medicine.

What else goes on around here?

So why buying a CPAP or mask requires a PRESCRIPTION?

You don't seem to understand the issues.

Until sometime in 2009, CPAP.COM and other online sellers didn't require a prescription for mask sales.
I believe the manufacturers put the screws to the online sellers by way of the Feds.
Some countries don't require a prescription to dispense CPAP machines either.

You can still buy mask "kits" (some assembly required) and mask parts without prescriptions.
Only complete masks require a prescription.

And, regarding the offering of "suggestions" on the forum, there's always the disclaimer at the bottom of each and ever forum page:

"The information provided on this site is not intended nor recommended as a substitute for professional medical advice."


Den

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Isnt is rather odd that Avi will claim that the folks here should NOT give advice about their therapy or buying and selling cpap equipment .... BUT is the first one to expound upon the drugs to use or not use I guess that he is the resident drug expert around here, maybe someone should rat him out to the authorities for giving medical advice on a cpap forum. .

nanwilson wrote:Isnt is rather odd that Avi will claim that the folks here should NOT give advice about their therapy or buying and selling cpap equipment .... BUT is the first one to expound upon the drugs to use or not use I guess that he is the resident drug expert around here, maybe someone should rat him out to the authorities for giving medical advice on a cpap forum. .

Now Nan.........

"YOU don't seem to understand the issues." (whatever they are)

Good to see you post.


Den

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Drugs; hmmm, now that explains a lot.

chunkyfrog wrote:Drugs; hmmm, now that explains a lot.

I'll bet if you were his doctor, you would prescribe Avi lots of drugs.

Bottom line is that these machines should be on the shelves in walmart.

Uncle_Bob wrote:Bottom line is that these machines should be on the shelves in walmart.

I tend to agree with you there but the other side of that coin is that the insurance companies wouldn't likely pay for it. Of course one could argue that the prices would/should down so it wouldn't matter so much.

Like I have said many times before "who in their right mind would be messing with this stuff if we didn't think there was a real need". Last time I checked I couldn't get high on plain air but I have led a sheltered life so maybe I am missing out on something. I sure as hell wouldn't be wearing this thing every night if I didn't have to because I would feel so horrible the next day without it....not to mention the hidden damage OSA does.

They teach diabetics how to monitor their disease....why do they persist in wanting to keep the OSA patients in the dark ages of "do as I say and don't think for yourself". It's not nearly as complicated (except in some rare situations) as diabetes.

Just a thought here, how could a private individual accept a prescription? Private individuals have no authority to "dispense" anything. A license obtained from the appropriate government agencies are required to "despense" new items requiring a prescription, this would not apply to a private individual disposing of personal property. So it may be that there is a loophole or an area not covered by regulation. A CPAP machine is different than a drug hence it is illegal to resell you prescription drugs, I'm not sure the same could be said for a used CPAP.

scottae316 wrote:Just a thought here, how could a private individual accept a prescription? Private individuals have no authority to "dispense" anything. A license obtained from the appropriate government agencies are required to "despense" new items requiring a prescription, this would not apply to a private individual disposing of personal property. So it may be that there is a loophole or an area not covered by regulation. A CPAP machine is different than a drug hence it is illegal to resell you prescription drugs, I'm not sure the same could be said for a used CPAP.

The FDA is protecting us:
The FDA has caused a Recall of Class 2 Device Fisher & Paykel CPAP Mask .

See here:
http://www.accessdata.fda.gov/scripts/c ... m?ID=49665

avi123 wrote:

scottae316 wrote:Just a thought here, how could a private individual accept a prescription? Private individuals have no authority to "dispense" anything. A license obtained from the appropriate government agencies are required to "despense" new items requiring a prescription, this would not apply to a private individual disposing of personal property. So it may be that there is a loophole or an area not covered by regulation. A CPAP machine is different than a drug hence it is illegal to resell you prescription drugs, I'm not sure the same could be said for a used CPAP.

The FDA is protecting us:
The FDA has caused a Recall of Class 2 Device Fisher & Paykel CPAP Mask .

See here:
http://www.accessdata.fda.gov/scripts/c ... m?ID=49665

Have you suffered a stroke recently ? That was news back in 2007 fer cryin' out loud.

Dementia is a possible side effect of many psychotropic drugs.
The doctors are safe from prosecution, because who is aware of the effect--or can communicate same?

chunkyfrog wrote:Dementia is a possible side effect of many psychotropic drugs.
The doctors are safe from prosecution, because who is aware of the effect--or can communicate same?

too bad we can't communicate avi's rapid decline to his doctors.

Privacy regulations. He can share his wack with us, but we can do nothing but foe his nutty self.

avi123 wrote:

scottae316 wrote:Just a thought here, how could a private individual accept a prescription? Private individuals have no authority to "dispense" anything. A license obtained from the appropriate government agencies are required to "despense" new items requiring a prescription, this would not apply to a private individual disposing of personal property. So it may be that there is a loophole or an area not covered by regulation. A CPAP machine is different than a drug hence it is illegal to resell you prescription drugs, I'm not sure the same could be said for a used CPAP.

The FDA is protecting us:
The FDA has caused a Recall of Class 2 Device Fisher & Paykel CPAP Mask .

See here:
http://www.accessdata.fda.gov/scripts/c ... m?ID=49665

Ok, the FDA and F&P recalled a defective mask, what's your point and how does it relate to what I said? Fisher & Paykel manufacture medical devices and sell them to licensed distributors, what does this have to do with the topic being discussed in this thread?

You mean you're looking for sanity here? Reason?