26-52-433. Durable medical equipment, mobility enhancing equipment, prosthetic devices, and disposable medical supplies — Definitions.

26-52-433. Durable medical equipment, mobility enhancing equipment, prosthetic devices, and disposable medical supplies — Definitions. (a)(1) Gross receipts or gross proceeds derived from the rental, sale, or repair of durable medical equipment prescribed by a physician, mobility enhancing equipment prescribed by a physician, a prosthetic device prescribed by a physician, and disposable medical supplies prescribed by a physician shall be exempt from all state and local sales and use taxes. (2) This exemption shall apply only to durable medical equipment, mobility enhancing equipment, a prosthetic device, and disposable medical supplies sold to a specific patient pursuant to a prescription written before the sale. (b) As used in this section: (1) “Disposable medical supplies” includes without limitation the following: (A) Ostomy, urostomy, and colostomy supplies; (B) Enemas, suppositories, and laxatives used in routine bowel care; and (C) Disposable undergarments and linen savers; (2)(A) “Durable medical equipment” means equipment, including repair and replacement parts for the equipment, that: (i) Can withstand repeated use; (ii) Is primarily and customarily used to serve a medical purpose; (iii) Generally is not useful to a person in the absence of illness or injury; (iv) Is not worn in or on the body; and (v) Is for home use. (B) “Durable medical equipment” does not include mobility enhancing equipment; (3)(A) “Mobility enhancing equipment” means equipment, including repair and replacement parts for the equipment, that: (i) Is primarily and customarily used to provide or increase the ability to move from one (1) place to another and that is appropriate for use either in a home or a motor vehicle; (ii) Is not generally used by a person with normal mobility; and (iii) Does not include any motor vehicle or equipment on a motor vehicle normally provided by a motor vehicle manufacturer. (B) “Mobility enhancing equipment” does not include durable medical equipment; (4) “Physician” means a person licensed under § 17-95-401 et seq. or § 17-96-101 et seq.; (5) “Prescription” means an order, formula, or recipe issued in any form and transmitted by an oral, written, electronic, or other means of transmission by a duly licensed physician or practitioner authorized to issue prescriptions under Arkansas law; (6)(A) “Prosthetic device” means a replacement, corrective, or supportive device, including repair and replacement parts for the device, worn on or in the body to: (i) Artificially replace a missing portion of the body; (ii) Prevent or correct physical deformity or malfunction; or (iii) Support a weak or deformed portion of the body. (B) “Prosthetic device” does not include corrective eyeglasses, contact lenses, and dental prostheses; and (7) “Repair and replacement parts” includes all components or attachments used in conjunction with durable medical equipment. (c)(1) Notwithstanding subdivision (a)(2) of this section, a patient may claim the exemption under this section for a wheelchair lift or automobile hand controls prescribed for the patient after the sale if: (A) The wheelchair lift or automobile hand controls are purchased in conjunction with the purchase of a motor vehicle; (B) The gross receipts or gross proceeds derived from the sale of the wheelchair lift or automobile hand controls are separately stated on the invoice or bill of sale for the purchase of the motor vehicle; and (C) The patient has a prescription for the wheelchair lift or automobile hand controls at the time the motor vehicle is registered. (2) A patient purchasing a wheelchair lift or automobile hand controls directly from a vendor of adaptive medical equipment for subsequent installation shall possess a prescription for the wheelchair lift or automobile hand controls prior to the sale in compliance with subdivision (a)(2) of this section.