South Dakota Administrative Rules
Title 64 - REVENUE
Article 64:06 - Sales tax
Chapter 64:06:03 - Products - Interpretive rules
Section 64:06:03:58 - Durable medical equipment - Definition
Current through Register Vol. 51, page 43, September 23, 2024
The term, durable medical equipment, as used in SDCL 10-45-14.11 and 10-46-15.6, means equipment including repair and replacement parts for same, but does not include mobility enhancing equipment, which:
(1) Can withstand repeated use;
(2) Is primarily and customarily used to serve a medical purpose;
(3) Generally is not useful to a person in the absence of illness or injury; and
(4) Is not worn in or on the body.
Durable medical equipment does not include any repair and replacement part which is for single patient use only.
General Authority: SDCL 10-45-47.1(3), 10-45-14.11, 10-46-15.6.
Law Implemented: SDCL 10-45-14.11, 10-46-15.6.
Examples: Bath and shower chairs, commode chair, blood pressure gauges, feeding pumps, hospital beds. Durable medical equipment does not include exercise equipment or hot tubs.