§ 3651. Exemptions. The provisions of this article shall not apply to:

1. Hospitals certified pursuant to article twenty-eight of this
chapter.

2. The following entities and practitioners, unless these entities or
practitioners furnish home medical equipment services through a separate
corporate entity, division, or other business entity:

(a) Home care service agencies, certified home health agencies, long
term home health care programs, licensed home care services agencies and
limited licensed home care service agencies, as defined under section
thirty-six hundred two of this chapter;

(b) Exempt agencies, as defined under section thirty-six hundred
nineteen of this chapter;

(c) Manufacturers and wholesale distributors of home medical equipment
not engaged in direct sales to a patient;

(d) Health care practitioners authorized by law to prescribe home
medical equipment, order home medical equipment, or use home medical
equipment to treat their patients, including but not limited to
physicians, nurses, physical therapists, respiratory therapists,
occupational therapists, speech pathologists, optometrists,
chiropractors and podiatrists;

(e) Hospice programs;

(f) Nursing homes;

(g) Veterinarians;

(h) Dentists;

(i) Emergency medical services providers; and

(j) Pharmacists and pharmacies.

3. Any exempt person providing home medical equipment services through
a third person as defined in section thirty-six hundred fifty of this
article.