Mississippi's Medical Equipment Supplier Permit

Mississippi requires a Medical Equipment Supplier Permit from the Mississippi Board of Pharmacy before a supplier sells, rents or provides home medical equipment, legend devices or medical gas directly to patients in the state. The statute is direct: "No person, business or entity located in this state or outside of this state that is subject to this section shall sell, rent or provide or offer to sell, rent or provide directly to patients in this state any home medical equipment, legend devices, and/or medical gas unless such person, business or entity first obtains a Medical Equipment Supplier Permit from the board" (Miss. Code 73-21-108(2)(a)). The Board lists the application fee as $150 for in-state and out-of-state applicants, and every permit expires June 30.

Was the Mississippi law renewed?

Yes. A 2023 copy of section 73-21-108 on the Board's site carried a note that it would be repealed effective July 1, 2025. The Board's summary of House Bill 856 of the 2025 session, effective April 23, 2025, lists section 73-21-108 as "Reenact with amendment," and says the amendment "Added language to clarify that an entity located in this state or outside of this state that provides home medical equipment to patients in this state shall be permitted by the Board," and added the words "coordinating the supply." If you have seen an older summary saying Mississippi's permit was sunsetting, that summary is out of date.

Who needs the permit?

Anyone "in the business of supplying home medical equipment to patients in their places of residence" that bills "the patient or the patient's insurance, Medicare, Medicaid or other third party payor for the rent or sale of that equipment" (73-21-108(2)(b)). Home medical equipment means "technologically sophisticated medical equipment and devices usable in a home care setting," including:

• oxygen for human consumption, concentrators and delivery systems;
• ventilators and respiratory disease management devices;
• electronic and computer-driven wheelchairs and seating systems;
• apnea monitors, TENS units, low air loss pressure devices and sequential compression devices;
• neonatal home phototherapy devices and feeding pumps.

The term excludes "upper and lower extremity prosthetics, canes, crutches, walkers, bathtub grab bars, standard wheelchairs, commode chairs and bath benches" (73-21-108(1)(a)). Legend devices and medical gas are covered separately in the permit requirement, so a supplier of prescription devices or oxygen is in scope even if its other items are excluded.

Which businesses are exempt?

Home health agencies, hospitals, wholesalers and manufacturers, hospice programs, nursing homes and long-term care facilities, pharmacies, and practitioners such as physicians, physical and respiratory therapists and occupational therapists who use the equipment in their own practices are exempt, unless they run "a separate business entity, company, corporation or division that is in the business of providing home medical equipment for sale or rent to patients at their places of residence" (73-21-108(3)(a)). Community pharmacies are exempt from the permit but "shall be subject to the same regulations that are applicable to permitted businesses" (73-21-108(3)(b)).

Who holds the permit?

A person, and specifically the person who signs. The Board's Article XXXVIII says: "The person who signs the application for a medical equipment suppliers permit or the renewal of a medical equipment suppliers permit shall be the permit holder for that facility and shall be responsible for all activities in the permitted facility which are subject to regulation by the Board." A permit "cannot be amended, transferred or assigned to another person."

That makes the signer a real choice, not a formality. If the permit holder leaves or wants to step down, "he/she must return the medical equipment suppliers permit" to the Board with written notice, and "application for a new permit for that facility must be made ... within ten (10) days." A preparer like us can never be the signer, because the signer carries responsibility for the facility. See designated representatives and exemptees.

What does the Board require of a permitted supplier?

The statute and Article XXXVIII set operating standards. Among them:

1. No home-based facilities. "Permits shall not be issued for facilities located in a residence," and the Board requires a separate permit for each facility location in Mississippi.
2. Orders. No equipment, legend device or medical gas without a valid order from an authorized practitioner, and "All home medical equipment, legend devices and medical gases require a new prescription order on a yearly basis."
3. Facility standards. Qualified personnel, space for inventory, maintenance and records, a copy of the regulations on site, a clean facility, accessible services, and compliance with USP, FDA, DOT and OSHA storage, packaging, labeling and shipping rules.
4. Around-the-clock service. Services "available twenty-four (24) hours, seven (7) days per week when essential to the maintenance of life."
5. Complaints. A written complaint procedure and complaint file at each location.

Suppliers of medical gas, oxygen and respiratory equipment have more: DOT rules for cylinders and liquid oxygen, FDA rules for transfilling, purity documentation, safety checks before setup, lot numbers and expiration dates on each cylinder, a tracking system for oxygen delivered, segregated clean and dirty areas in the facility and in vehicles, and a preventive maintenance program. See licensing to supply medical oxygen.

When does the permit expire, and what triggers a new one?

"All permits issued under this section shall expire annually on June 30 of each year." A $100 late fee applies after June 30, and "The permit shall become void if the renewal application, renewal fee and the late renewal fee are not received by the board by September 30" (73-21-108(2)(e)). The statute caps the application fee at $300 and the renewal fee at $175, "as prescribed by the board" (73-21-108(2)(d)).

Plan ahead for changes. A change of ownership or a closure requires notice to the Board at least 10 days in advance, and a change of name or location needs a new permit, applied for at least 10 days before the change (Article XXXVIII(2)(h)-(i)). See a renewal calendar for state DME licenses.

How do we help with Mississippi?

Mississippi is a standard state at $699 (pricing). We prepare the application and the policies Article XXXVIII expects, including the oxygen and respiratory protocols if you supply them, and track the June 30 renewal. You choose the permit holder, that person signs, and you pay the Board. Applications run through the Board's licensing gateway in your own account; we prepare everything that goes into it. See the Mississippi state page.