Iowa Administrative Rules (Last Updated: December 07, 2016) |
Department 701. Revenue Department |
Chapter 20. FOODS FOR HUMAN CONSUMPTION, PRESCRIPTION DRUGS, INSULIN, HYPODERMIC SYRINGES, DIABETIC TESTING MATERIALS, PROSTHETIC, ORTHOTIC OR ORTHOPEDIC DEVICES |
Section 701.20.9. Prosthetic, orthotic and orthopedic devices.
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20.9(1) Prosthetic devices. Sales or rental of prosthetic devices shall be exempt from sales tax. This rule is applicable to sales or rental of prosthetic devices made on or after April 1, 1988.
20.9(2) Orthotic and orthopedic devices. Sales or rental of orthotic and orthopedic devices prescribed for human use which meet the provisions of subrules 20.9(3) and 20.9(4) shall be exempt from sales tax. This rule is applicable to sales or rental of orthotic and orthopedic devices made on or after April 1, 1988.
20.9(3) Definitions.
a. “Prosthetic device” means a piece of special equipment designed to be a replacement or artificial substitute for an absent or missing part of the human body and intended to be dispensed with or without a prescription to an ultimate user. See subrule 20.7(1), paragraph “b,” for a definition and examples of the term “ultimate user.” The term “prosthetic device” includes ostomy, urological, and tracheostomy devices and supplies.
The following is a nonexclusive list of prosthetic devices:
Artificial arteries
Drainage bags
Prescription eyeglasses
Artificial breasts
Hearing aids
Stoma bags
Artificial ears
Ileostomy devices
Tracheal suction catheters
Artificial eyes
Intraocular lenses
Tracheostomy care and
Artificial heart valves
Karaya paste
cleaning starter kits
Artificial implants
Karaya seals
Tracheostomy cleaning
Artificial larynx
Organ implants
brushes
Artificial limbs
Ostomy belts
Tracheostomy tubes
Artificial noses
Ostomy clamps
Urinary catheters
Artificial teeth
Ostomy cleaners
Urinary drainage bags
Cardiac pacemakers
and deodorizers
Urinary irrigation tubing
Contact lenses
Ostomy pouch
Urinary pouches
Cosmetic gloves
Ostomy stoma caps and paste
Dental bridges and implants
Penile implants
b. “Orthotic device” means a piece of special equipment designed to straighten a deformed or distorted part of the human body, such as corrective shoes or braces. An orthotic device is an orthopedic device.
c. “Orthopedic device” means a piece of special equipment designed to correct deformities or to preserve and restore the function of the human skeletal system, its articulations and associated structures. A hot tub or spa is not an orthopedic device.
The following is a nonexclusive list of orthopedic devices:
Abdominal belts
Clavicle splints
Nerve stimulators
Alternating pressure mattresses
Corrective braces
Orthopedic implants
Alternating pressure pads
Corrective shoes
Orthopedic shoes
Anti-embolism stockings
Crutch cushions
Patient lifts
Arch supports
Crutch handgrips
Plaster (surgical)
Arm slings
Crutch tips
Rib belts
Artificial sheepskin
Crutches
Rupture belts
Bone cement
Decubitus prevention devices
Sacroiliac supports
Bone nails
Dorsolumbar belts
Sacrolumbar belts
Bone pins
Dorsolumbar supports
Sacrolumbar supports
Bone plates
Elastic bandages
Shoulder immobilizers
Bone screws
Elastic supports
Space shoes
Bone wax
Exercise devices
Splints
Braces
Head halters
Traction equipment
Canes
Hernia belts
Transcutaneous electrical
nerve stimulators (tens unit)
Casts
Iliac belts
Trapezes
Cast heels
Invalid rings
Trusses
Cervical braces
Knee immobilizers
Walkers
Cervical collars
Lumbosacral supports
Wheelchairs
Cervical pillows
Muscle stimulators
d. “Related devices.” Sales or rental of devices which are used exclusively in conjunction with prosthetic, orthotic, or orthopedic devices shall be exempt from tax. Daw Industries, Inc. v. United States, 714 F.2d 1140 (Fed. Cir. 1983).
e. “Medical equipment and supplies.” The scope of the term medical equipment and supplies is broader than the terms prescription drugs or medical devices. While all exempt prescription drugs are medical supplies and all exempt medical devices are medical equipment, not all medical equipment and supplies are exempt medical devices or prescription drugs. The following is a nonexclusive list of items which are medical equipment or supplies, but are not prescription drugs or medical devices exempt from tax under subrules 20.7(1), 20.9(1), 20.9(2), and rule 20.8(422,423). Sales of the below-listed items would generally be taxable. However, for the period between July 1, 1992, and June 30, 1993, sales of the listed items would be exempt from tax if covered by Title XVIII or XIX of the federal Social Security Act. See rule 20.10(422,423).
Adhesive bandages
* Drug infusion devices (other
* Nebulizers
* Anesthesia trays
than hypodermic syringes)
* Needles
Aneurysm clips
Dry aid kits for ears
(hypodermic)
Arterial bloodsets
EKG paper
Overbed tables
Aspirators
Earmolds
Page turning devices
Athletic supporters
Electrodes (other than tens units)
Pap smear kits
Atomizers
Emesis basins
Paraffin baths
Autolit
Enema units
Physicians instruments
Back cushions
First-aid kits
Pigskin
Bathing aids
* Fistula sets
Plasma extractors
Bathing caps
Foam slant pillows
Plasmapheresis units
Bedpans
Gauze bandages
Plastic heat sealers
Bedside rails
Gauze packings
Prescribed device repair kits and batteries
Bedside tables
Gavage containers
Bedside trays
Geriatric chairs
Respirators
Bedwetting prevention devices
Grooming aids
Resuscitators
Belt vibrators
Hand sealers
Sauna baths
* Biopsy needles
Hearing aid carriers
Security pouches
* Biopsy trays
Hearing aid repair kits
Servipak dialysis supplies
* Blood administering sets
Heart stimulators
Shelf trays
Blood cell washing equipment
Heat lamps
Shower chairs
Blood pack holders
Heat pads
Side rails
Blood pack trays
* Hemodialysis devices
Sitz bath kit
Blood pack units
Hemolators
* Small-vein infusion kits
Blood pressure meters
Hospital beds
Specimen containers
Blood processing supplies
Hot water bottles
* Spinal puncture trays
Blood tubing
Ice bags
Sponges (surgical)
Blood warmers
Ident-a-bands
Stairway elevators
Staples
Breast pumps
Incontinent garments
Steri-peel
Breathing machines
Incubators
Stools
* Cannula systems
Infrared lamps
* Stopcocks
Cardiac electrodes
Inhalators
(intravenous)
Cardiopulmonary equipment
* Insulin infusion devices
Suction equipment
* Catheter trays
Iron lungs
Sunlamps
Chair lifts
Irrigation apparatus
Surgical bandages
Clamps
* Irrigation solutions
Surgical equipment
Clip-on ash trays
* IV administering sets
Suspensories
Commode chairs
IV connectors
Sutures
Connectors
* IV solutions
Thermometers
Contact lens cases
* IV tubing
Toilet aids
Contact lens solution
* Kidney dialysis machines
Tourniquets
Convoluted pads
Laminar flow equipment
Transfer boards
Corrective pessaries
Latex gloves
* Transfusion sets
Cotton balls
Leukopheresis pumps
Tube sealers
Diagnostic kits
Lymphedema pumps
Underpads
Dialysis chairs
Manometer trays
Urinals
Dialysis supplies
Massagers
Vacutainers
* Dialyzers
Maternity belts
Vacuum units
Dietetic scales
Medigrade tubing
Vaporizers
Disposable diapers
Modulung oxygenators
* Venous blood sets
Disposable gloves
Moist heat pads
Vibrators
Disposable underpads
* Myelogram trays
Whirlpools
Donor chairs
Myringotomy tubes
X-ray film
Dressings
*Sales of these medical devices are exempt as of July 1, 1993.
20.9(4) “Prescribed” shall mean a written prescription or an oral prescription, later reduced to writing, issued by:
a. Persons licensed by the state board of medical examiners to practice medicine or surgery in Iowa.
b. Persons licensed by the state board of medical examiners to practice osteopathic medicine or surgery in Iowa.
c. Persons licensed by the state board of podiatry to engage in the practice of podiatry in Iowa.
d. Persons licensed by the state board of dentistry to practice dentistry in Iowa.
e. Persons licensed prior to May 10, 1963, to practice osteopathy in Iowa.
f. Persons licensed by the optometry examiners as therapeutically certified optometrists.
g. Persons licensed by the board of chiropractic examiners to practice chiropractic in Iowa when dispensing in accordance with Iowa Code chapter 151.
h. Any other person authorized under Iowa law to dispense prescription drugs or medical devices requiring a prescription.
i. Any person licensed in another state in a health field in which, under Iowa law, licensees in this state may legally prescribe drugs.
20.9(5) Power devices. Sales or rental of power devices especially designed to operate prosthetic, orthotic or orthopedic devices shall be exempt from tax. This exemption does not include batteries which can be used to operate a number of devices.
This rule is intended to implement Iowa Code sections 422.45(15) and 423.4(4).