Statutes, codes, and regulations
Oklahoma Administrative Code
Title 710 - Oklahoma Tax CommissionChapter 65 - Sales and Use TaxSubchapter 13 - Sales and Use Tax Exemptions
Part 31 - MEDICINE, MEDICAL APPLIANCES, AND HEALTH CARE ENTITIES AND ACTIVITIES
Section 710:65-13-170 - Drugs and prosthetic devices

Okla. Admin. Code § 710:65-13-170

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Current through Vol. 42, No. 3, October 15, 2024
Section 710:65-13-170 - Drugs and prosthetic devices
(a)Prescriptiondrugs. Sales of drugs prescribed for the treatment of human beings by a person licensed to prescribe the drugs are exempt from sales tax. Ocular lenses, if permanently implanted through medical surgery, and sales of insulin and medical oxygen are also exempt from sales tax. [68 O.S.§ 1357(9)]
(b)Over-the-counter drugs. Sales of over-the-counter drugs do not qualify for the sales tax exemption outlined in subsection (a) of this Section.
(c)Prosthetic devices. Sales of prosthetic devices as defined in 710:65-13-169 for use by an individual are exempt from sales tax.
(d)Documentation required to be maintained by the vendor when sales are made to healthcare providers. For sales qualifying for exemption pursuant to subsections (a) and (c) of this Section to entities providing healthcare services to individuals, the documentation set out in (1) or (2) of this subsection must be obtained by the vendor and maintained as part of the vendor's records to substantiate the exemption claimed.
(1) Where the healthcare provider presents its direct payment permit, vendors should obtain and maintain in their files and records the information outlined in OAC710:65-7-10, or
(2) Sufficiently detail the product sold and disclose as a separate line item on the bill or invoice.

Okla. Admin. Code § 710:65-13-170

Amended at 9 Ok Reg 4073, eff 9-21-92 (emergency); Amended at 10 Ok Reg 3847, eff 7-12-93; Amended at 11 Ok Reg 3521, eff 6-26-94; Amended at 14 Ok Reg 2711, eff 6-26-97; Amended at 15 Ok Reg 2827, eff 6-25-98; Amended at 17 Ok Reg 2677, eff 6-25-00; Amended at 21 Ok Reg 2581, eff 6-25-04; Amended at 24 Ok Reg 2397, eff 6-25-07; Amended at 25 Ok Reg 2070, eff 7-1-08; Amended at 26 Ok Reg 2354, eff 6-25-09
Amended by Oklahoma Register, Volume 31, Issue 24, September 2, 2014, eff. 9/12/2014
Amended by Oklahoma Register, Volume 34, Issue 24, September 1, 2017, eff. 9/11/2017
Amended by Oklahoma Register, Volume 37, Issue 24, September 1, 2020, eff. 9/11/2020
Amended by Oklahoma Register, Volume 40, Issue 22, August 1, 2023, eff. 8/11/2023