Rhode Island Code of Regulations
Title 280 - Department of Revenue
Chapter 20 - Division of Taxation
Subchapter 70 - Sales and Use Tax
Part 38 - Professional Services (280-RICR-20-70-38)
Section 280-RICR-20-70-38.5 - Medical Equipment, Mobility Enhancing Equipment and Prosthetic Devices, Blood and Oxygen
Universal Citation: 280 RI Code of Rules 20 70 38.5
Current through September 18, 2024
A. Durable Medical Equipment
1. "Durable medical equipment"
means equipment including repair and replacement parts which can withstand
repeated use; is primarily and customarily used to serve a medical purpose;
generally not useful to a person in the absence of illness or injury; and is
not worn in or on the body.
2. The
tax does not apply to the sale or rental of durable medical equipment for home
use only including syringe infusers, ambulatory drug delivery pumps, hospital
beds, convalescent chairs, bath and shower chairs, commode chairs, and chair
lifts. However, the tax applies to such items when sold to a convalescent or
nursing home operated for profit. In such case, such home will be regarded as
the taxable user.
3. Supplies used
in connection with syringe infusers and ambulatory drug delivery pumps that are
sold on prescription to individuals to be used by them to dispense or
administer prescription drugs, and related ancillary dressings and supplies
used to dispense or administer prescription drugs shall also be exempt from
tax.
B. Mobile Enhancing Equipment
1. "Mobility enhancing equipment"
means equipment including repair and replacements part which is primarily and
customarily used to provide or increase the ability to move from one place to
another and which is appropriate for use either in a home or a motor vehicle;
is not generally used by persons with normal mobility; and does not include any
motor vehicle or equipment on a motor vehicle normally provided by a motor
vehicle manufacturer.
2. The tax
does not apply to the sale or rental of mobility enhancing equipment including
wheelchairs, crutches, canes, motorized carts, stair lifts, walkers, and lifts
and controls specifically added to motor vehicles.
C. Prosthetic Devices
1. "Prosthetic device" means a replacement,
corrective, or supportive device including repair and replacement parts worn on
or in the body to artificially replace a missing portion of the body; prevent
or correct physical deformity or malfunction; or support a weak or deformed
portion of the body.
2. The tax
does not apply to sale or rental of prosthetic devices, sold on prescription
including artificial limbs, dentures, spectacles and eyeglasses, artificial
eyes and braces. Artificial hearing devices and hearing aids are also exempt
whether or not sold on prescription.
D. Standardized Devices and Supplies
1. Standardized or stock devices, braces or
supports are taxable inasmuch as they are not prosthetic devices within the
meaning of the exemption provisions of the Rhode Island sales and use tax
law.
2. Examples of this type of
property include the following:
a.
Anklets
b. Bandages
c. Elbow Caps
d. Ear Correction Caps
e. Elastic Goods, Etc.
f. Eye Shades and Shields
g. Knee Caps
h. Mouth Breathing Prevention
Shields
i. Thigh Pieces
j. Thumb Pieces
k. Suspensories
l. Wristlets
3. If, however, a person is required to wear
or use any of the foregoing items because of a physical condition and purchases
an item upon the prescription of a doctor, the tax will not apply. In such case
the retailer should retain as part of the records the doctor's
prescription.
E. Blood and Oxygen
1. The tax does not apply to the
sale of blood, blood plasma, medical oxygen and other gases sold for medical
treatment of human beings.
Disclaimer: These regulations may not be the most recent version. Rhode Island may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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