- it's illegal to fill a medical O2 tank unless you are licensed to do so. It is considered "manufacture of a prescription drug".
- However, if you did, it would be just about impossible to prove that you had, unless you confess to it, because...
- while aviation O2 is on paper drier, and welding/industrial cleaner, than medical O2, in real life they are all pretty much the same.
- the federal regs concerning the prescription status of O2 are so poorly written that it is hard to say what they really mean. Basically they say that medical O2 is prescription when used to treat a non-emergency medical condition, but can be administered without a prescription by qualified personel for emergency treatment.
- it's up to the states to detirmine who is allowed to buy the stuff or not, and to define "qualified personel", Your state pharmacy board will usually have the inside scoop.
- the fact that it is legal or not for you to buy med O2 in your state has very little to do with whether you will be able to buy it, since many gas suppliers in states where it is legal refuse to believe it is, and many in states where it isn't will sell it anyhow if you give them a good story or wave a DAN card in their face.
- if you look at the enforcement record for the FDA, you will find that they never seem to prosecute individuals for misuse of O2, medical or otherwise.
There! Bet that clarifies it ;-)