2089 AMH DICK H2955.1
HB 2089 - H AMD 732
By Representative Dickerson and others
On page 59, after line 38, insert the following:
"Sec. 68. RCW 82.08.0281 and 1993 sp.s. c 25 s 308 are each amended to read as follows:
(1)
The tax levied by RCW 82.08.020 shall not apply to sales of ((prescription))
drugs, including sales to the state or a political subdivision or municipal
corporation thereof of drugs to be dispensed to patients ((by prescription))
without charge. The term "((prescription)) drugs" shall
include any medicine, drug, ((prescription lens)) vitamin, or
other substance other than food for use in the diagnosis, cure, mitigation, treatment,
or prevention of disease or other ailment in humans, or for use for family
planning purposes, including the prevention of conception, whether
supplied((:
(1)
By a family planning clinic that is under contract with the department of
health to provide family planning services; or
(2)
Under the written prescription to a pharmacist by a practitioner authorized by
law of this state or laws of another jurisdiction to issue prescriptions; or
(3)
Upon an oral prescription of such practitioner which is reduced promptly to
writing and filed by a duly licensed pharmacist; or
(4)
By refilling any such written or oral prescription if such refilling is
authorized by the prescriber either in the original prescription or by oral
order which is reduced promptly to writing and filed by the pharmacist; or
(5)
By physicians or optometrists by way of written directions and specifications
for the preparation, grinding, and fabrication of lenses)) by
prescription of a practitioner authorized by the laws of this state or another
jurisdiction to issue prescriptions or authorized by the federal food and drug
administration for over-the-counter sale.
(2) The tax levied by RCW 82.08.020 shall not apply to sales of eyeglasses intended to aid or correct visual defects or anomalies of humans.
(3) The tax levied by RCW 82.08.020 shall not apply to sales of the following medical care products: Fever thermometers, first aid supplies, vaporizers, humidifiers, and other health-aid appliances, and convalescent aids.
(4) The tax levied by RCW 82.08.020 shall not apply to sales of adult incontinent pads and pants.
Sec. 69. RCW 82.08.0283 and 1991 c 250 s 2 are each amended to read as follows:
(1)
The tax levied by RCW 82.08.020 shall not apply to sales of insulin and
items necessary for injecting insulin; prosthetic ((and)) devices;
orthotic devices prescribed for an individual by a person licensed under
chapters 18.25, 18.57, or 18.71 RCW ((or)); hearing aids
dispensed or fitted by a person licensed under chapter 18.35 RCW; medicines
of mineral, animal, and botanical origin prescribed, administered, dispensed,
or used in the treatment of an individual by a person licensed under chapter
18.36A RCW; ostomic items; durable medical equipment prescribed for an
individual by a person authorized by the state to prescribe durable medical
equipment; and medically prescribed oxygen. In addition, the tax levied
by RCW 82.08.020 shall not apply to sales or charges made for tangible personal
property consumed and for labor and services rendered in the repair of any of
the items exempted under this section.
(2)
For the purposes of this section((,)):
(a) "Medically prescribed oxygen" includes, but is not limited to, sale or rental of oxygen concentrator systems, oxygen enricher systems, liquid oxygen systems, and gaseous, bottled oxygen systems to an individual under a prescription issued by a person licensed under chapter 18.57 or 18.71 RCW for use in the medical treatment of that individual.
(b) "Durable medical equipment" includes, but is not limited to, wheelchairs, hospital beds, standing aids, walking aids, bathroom aids, aids to daily living, lifting devices and chairs, and parts and accessories of all such durable medical equipment.
Sec. 70. RCW 82.12.0275 and 1993 sp.s. c 25 s 309 are each amended to read as follows:
(1)
The provisions of this chapter shall not apply in respect to the use of ((prescription))
drugs, including the use by the state or a political subdivision or municipal
corporation thereof of drugs to be dispensed to patients ((by prescription))
without charge. The term "((prescription)) drugs" shall
include any medicine, drug, ((prescription lens)) vitamin, or
other substance other than food for use in the diagnosis, cure, mitigation,
treatment, or prevention of disease or other ailment in humans, or for use for
family planning purposes, including the prevention of conception, whether
supplied((:
(1)
By a family planning clinic that is under contract with the department of
health to provide family planning services; or
(2)
Under the written prescription to a pharmacist by a practitioner authorized by
law of this state or laws of another jurisdiction to issue prescriptions; or
(3)
Upon an oral prescription of such practitioner which is reduced promptly to
writing and filed by a duly licensed pharmacist; or
(4)
By refilling any such written or oral prescription if such refilling is
authorized by the prescriber either in the original prescription or by oral
order which is reduced promptly to writing and filed by the pharmacist; or
(5)
By physicians or optometrists by way of written directions and specifications
for the preparation, grinding, and fabrication of lenses)) by
prescription of a practitioner authorized by the laws of this state or another
jurisdiction to issue prescriptions or authorized by the federal food and drug
administration for over-the-counter sale.
(2) The provisions of this chapter shall not apply in respect to the use of eyeglasses intended to aid or correct visual defects or anomalies of humans.
(3) The provisions of this chapter shall not apply in respect to the use of the following medical care products: Fever thermometers, first aid supplies, vaporizers, humidifiers, and other health-aid appliances, and convalescent aids.
(4) The provisions of this chapter shall not apply with respect to the use of adult incontinent pads and pants.
Sec. 71. RCW 82.12.0277 and 1991 c 250 s 3 are each amended to read as follows:
(1)
The provisions of this chapter shall not apply in respect to the use of insulin
and items necessary for injecting insulin; prosthetic ((and)) devices;
orthotic devices prescribed for an individual by a person licensed under
chapters 18.25, 18.57, or 18.71 RCW ((or)); hearing aids
dispensed or fitted by a person licensed under chapter 18.35 RCW; medicines
of mineral, animal, and botanical origin prescribed, administered, dispensed,
or used in the treatment of an individual by a person licensed under chapter
18.36A RCW; ostomic items; durable medical equipment prescribed for an
individual by a person authorized by the state to prescribe durable medical
equipment; and medically prescribed oxygen. In addition, the provisions
of this chapter shall not apply with respect to the use of tangible personal
property consumed in the repair of any of the items exempted under this
section.
(2)
For the purposes of this section((,)):
(a) "Medically prescribed oxygen" includes, but is not limited to, sale or rental of oxygen concentrator systems, oxygen enricher systems, liquid oxygen systems, and gaseous, bottled oxygen systems to an individual under a prescription issued by a person licensed under chapter 18.57 or 18.71 RCW for use in the medical treatment of that individual.
(b) "Durable medical equipment" includes, but is not limited to, wheelchairs, hospital beds, standing aids, walking aids, bathroom aids, aids to daily living, lifting devices and chairs, and parts and accessories of all such durable medical equipment."
Renumber remaining sections consecutively and correct the title.
On page 60, line 4, strike "67" and insert "71"
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