Hi everyone . . . wondering what the legalities are for selling a used system . . . child with sensory issues cannot tolerate having anything "attached" to body and we have a system sitting here that was used for just one week?
Don't know the legalities but I'm positive you can get some buyers! Good question though. I can't imagine it would be illegal...
Sorry to hear about the toleration issues with your child :( It is unfortunate when a potentially useful tool causes more hassles than what it is worth.
To answer your question, unfortunately it cannot be marketed/sold on TuDiabetes. I know people sell them on e-bay though. I am sure that the warranty is likely void to the buyer, but that doesn't mean the system still wouldn't function fine for them, etc.
Thanks for the replies. I wasn't planning to sell it here, actually a friend of ours has indicated a desire to have one on hand for a back-up system in case her daughter's begins to malfunction. I just want to make sure I'm not breaking any laws!!!
I did see a couple of units are selling and/or have sold on ebay recently . . . but I thought that ebay would not allow the sale of medical devices that need prescriptions to obtain.
Clear as mud, I know!!!
Yeah it gets fuzzy I think, b/c you do, technically, need a Rx to get something like this. I can't say w/ certainty if it is actually illegal or not, but if you're selling it to a friend (and if I were in your shoes), then I'd go ahead w/ it (for me it seems like it would be better to get some use out of it rather than just have it be a waste in your closet somewhere.
If it is Illegal, e-bay will not allow it to be sold on their site.
There are some exclusion clauses even for medical device that needs prescription. Many of such devices are restricted but not all. It appears that our CGM device is not one of the dont-sell.
People have had arguments about that on this site before, but I haven't seen anything from anyone authoritative. (You know like an actual lawyer). Since you own it legally it sounds like you should be able to sell it.
The issue is that if you acquired a dexcom funded by your insurance with no intent to use it, and then immediately sold it to get it's value back (that you never paid) that would certainly be insurance fraud. Even if the intent isn't there, getting the unit and then selling it because it didn't work out for you seems like too similar a situation. Fraud charges just don't seem worth the risk, especially if that means potentially losing your insurance coverage.
I think you can sell it but not for a profit, assuming insurance paid for it initially. They might consider that to be insurance fraud.
Well what you are saying makes sense about insurance fraud and such . . . unfortunately, we paid cold hard cash for the unit about six months ago . . . tried to use it twice with no success . . . tried to donate to our local diabetes organization and they refused to accept it . . . seems like a waste to be sitting in the box when someone could be using it. I was hoping there might actually be a Dexcom rep here on the boards that could give an official answer, perhaps I will bite the bullet and just call the company!!! Thanks for all of your replies!!!
Dexcom will surely tell you not to do it, but if you own it you are free to use it any way you want, even for "off label" usage. Medical professionals will not recommend this, but medical professionals also recommend changing the lancet for each new BG, and not reusing disposable syringes. You definitely should make it available if a friend wants it as a backup, where it might actually do some good.
Even ignoring insurance issues, selling a Dexcom to another USA citizen is generally NOT legal: it is a prescription-only Device.
There would also be questions of insurance fraud, if you (or anyone else) received payment for 'coverage', in whole or in part, under an insurance Policy art. But the exact nature of such a "fraud" at would depend a lot on the wording of your insurance contract, and the laws of your particular State of residence. The 'selling' of a prescription-only drug or device to another person in the USA, who DOESN'T have a prescription, appears to be illegal, under Federal Drug laws.
I'm pretty confident about these Statements, but I cannot guarantee their accuracy. If you're need a fully-qualified opinion, then you must ask a licensed, professional Lawyer. BJ, it sounds as if your particular situation might be legal: Your friend's daughter DOES have a prescription, right? If so, and you paid cash, then you're probably OK selling to that party.
If you DO proceed, for everyone's sake, DON'T say that you did on any Internet forum. (including this one.) And be very careful to write a Sales agreement which puts ALL risk of using the device on the recipient.