NAC639.6954. Medical gases and associated equipment or respiratory equipment.

     1. A medical products provider that sells, leases or otherwise provides medical gases and associated equipment, or respiratory equipment shall:

     (a) Comply with all applicable federal, state and local laws regarding the providing and transportation of such gases and equipment, including, without limitation, all requirements regarding the tracking and recalling of gases and equipment;

     (b) Comply with all applicable federal, state, and local laws regarding transfilling and repackaging of such gases;

     (c) Comply with all applicable federal, state and local laws, including, without limitation, fire codes, occupational safety rules, building codes and health codes;

     (d) Service equipment sold, leased or otherwise provided by the medical products provider according to the directions and specification of the manufacturer, regardless of where the equipment may be located at the time that the equipment is due for servicing;

     (e) Make and keep records regarding the servicing of equipment by the medical products provider; and

     (f) Provide only gases that are:

          (1) Medical grade; and

          (2) Intended for use by humans.

     2. Before providing any equipment pursuant to this section, a medical products provider shall verify that the equipment:

     (a) Has been checked and is free of defects;

     (b) Is operating within the specifications of the manufacturer;

     (c) Has not been modified in any way that will jeopardize the effectiveness or safety of the equipment;

     (d) Does not present a hazard of fire or shock; and

     (e) Has all warning labels and tags that were provided by the manufacturer, wholesaler or seller of the equipment.

     3. A medical products provider that sells, leases or otherwise provides medical gases and equipment or respiratory equipment shall develop and use policies and procedures that require:

     (a) Making and keeping records to track and recall all gases dispensed by the medical products provider, including, without limitation:

          (1) Recording the lot numbers of each cylinder or unit of gas provided;

          (2) Maintaining a written or computerized system to track and locate all gases and equipment provided by the medical products provider; and

          (3) Recording the serial numbers and model numbers of all equipment provided by the medical products provider;

     (b) Maintaining and cleaning equipment provided by the medical products provider, including, without limitation:

          (1) Documenting that the function and safety of the equipment was verified before the equipment was provided to the consumer;

          (2) Cleaning and disinfecting equipment pursuant to an established protocol to remove aerobic and anaerobic pathogens from the equipment to the specifications of the manufacturer for that equipment;

          (3) Making and keeping a material safety data sheet for the solutions and products used in cleaning and disinfecting the equipment;

          (4) Designating areas at the business of the medical products provider that must be used to store separately clean and unclean equipment; and

          (5) Designating a separate area at the business of the medical products provider that must be used to store quarantined equipment.

     4. When a medical products provider provides oxygen, the medical products provider must also provide an emergency supply of oxygen, supplies and equipment to maintain therapy while the primary supply of oxygen and related equipment is inoperable or unusable.

     5. In addition to any communication and advisement required pursuant to NAC 639.693 to 639.6958, inclusive, a medical products provider who provides medical gas and related equipment, or respiratory equipment, must advise the consumer receiving the medical gas and related equipment, or respiratory equipment, regarding:

     (a) Cleaning of the equipment;

     (b) Potential hazards and warning signs of malfunctioning or inadequately functioning equipment;

     (c) Maintenance procedures for the equipment;

     (d) The telephone number, contact name, and contact address for emergency servicing or repair of the equipment, and for routine servicing or repair of the equipment; and

     (e) The written materials about the equipment that are available from the medical products provider or the manufacturer of the equipment.

     6. For the purposes of this section, “material safety data sheet” has the meaning ascribed to it in 29 C.F.R. § 1910.1200.

     (Added to NAC by Bd. of Pharmacy by R008-01, eff. 11-1-2001; A by R033-07, 8-26-2008)