Medical oxygen for use by a specific person may be sold at retail only pursuant to a prescription from a practitioner. A retail supplier of medical oxygen located within or outside Maine who sells or dispenses medical oxygen to consumers who reside in Maine shall obtain a retail supplier of medical oxygen license from the board. A retail supplier of medical oxygen need not have a pharmacist in charge or a pharmacist.
A pharmacy licensed by the board may sell medical oxygen at retail without need of a license under this chapter.
A retail supplier of medical oxygen licensed under this chapter who sells oxygen for emergency medical use to a licensed practitioner or licensed health care facility need not, by virtue of those sales alone, be licensed as a wholesaler pursuant to Chapter 12 of the board's rules.
02-392 C.M.R. ch. 5, § 34-2