Mailing List Archive

Mailing List: techdiver

Message Display

I got most of what I posted from the FDA - yes, federal law supersedes
state law (but only in carefully delineated areas) but federal law often
leaves stuff up to the state - prior to the "new" policy, there actually
was no federal O2 regulations on the books (at least not that our state
Pharmacy Board could find) and the FDA said it was up to the states.

The emergency O2 use policy you cite isn't really clear at all. Among other
problems, it doesn't define trained personel, and hence the authority for
doing so reverts to the states. Around here, most of the suppliers say it
means EMT's.

Actually, everybody being so confused about it, it's pretty easy to just do
what you want, or rather what you can get away with. The supplier we use
will sell med O2 to anyone, and the FDA, when I queried them, could cite no
enforcment actions against individuals for "abusing" O2. But we shouldn't
fool ourselves into thinking that a presription or copy of the above cited
regulation makes using med O2 for non-emergency purposes legal -
technically, buying med O2 for emergency purposes then using it for any
other use, or rebottling med O2 for any reason, is a clear violation of
law.

The person at the FDA who handles this, incidently, is Duane Sylvia
(SYLVIAD@cd*.fd*.go*)
And there's a webpage dealing with gas issues at:
>http://www.fda.gov/cder/dmpq/gases.htm

Esat wrote:
>Actually the FAR on emergency O2 - that is O2 to B
>used in the case of an emergency is very clear.  Since
>Fed Law supercedes State law, all U have to do is
>quote the FAR (have a copy) & U will get your med
>bottles filled.



--
Send mail for the `techdiver' mailing list to `techdiver@aquanaut.com'.
Send subscribe/unsubscribe requests to `techdiver-request@aquanaut.com'.

Navigate by Author: [Previous] [Next] [Author Search Index]
Navigate by Subject: [Previous] [Next] [Subject Search Index]

[Send Reply] [Send Message with New Topic]

[Search Selection] [Mailing List Home] [Home]