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Re: [IP] Re-sale of pumps on secondary market

On 11 Jan 00, at 12:10, email @ redacted wrote:

> I know i missed some posts but...I am sorry, I must object to any individual re-selling a pump on the secondary market (as you knew I would) on two counts: 
> 1. The least of these two is that it is most probably a violation of federal law for an unlicensed person
> to sell a prescription item for which no specific prescription has 
>been written, ie. one prescription, one pump. 
>If you tell people you are going to break the law they are required 
>by law to report you to the authorities.

The resale by an individual to another individual of a used 
medical device is generally not covered by existing law. 
 At best it is a transaction between individuals and at worst
it falls into the "grey market" area - MiniMed probably would
be reluctant to honor the warranty on a pump purchased this
way, but I'd guess that they could be talked into it anyway since 
they've already made their money...

> 2. And more important, this endangers the abiltiy of all of us to get our supplies. The possible use of the pump for narcotics or other illegal activities (I won't be specific so as not give anyone any ideas) might cause the government to over regulate the use of the pump and the distribution 
of supplies. I'd hate to have to go to the DEA every time I need new supplies. Why don't you see if you can just give the pump to a hospital or a doctor for an unisured individual to use...and please, tell us that you don't intend to break the law! Thanks

If you just give it to someone at a hospital chances are pretty good 
that they would toss it in with the medical waste and it wouldn't 
benefit anyone...  most of our beloved "medical professionals" are 
clueless about pumping and would honestly not be able to figure 
out what to do with a used pump...   There are many CDE's and 
endos who might be able to refer someone to another person who 
has a pump for sale.  They wouldn't want to touch it because it 
could entagle them in the chain of liability if anything went wrong 
with the pump, or they'd have to pay MiniMed to "refurbish" the 

If the price was lower I'd buy it for the "upgrade" to get the dual 
wave bolus... but my 507 is working fine at the moment...

Rev. Randall Winchester
WD4HVA (email @ redacted)
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