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TX 200003152L Sales and/or Use Tax (State,Local,MTA) 2000-03-30

The new OTC drugs and medicines exemption covers diabetic test strips — does it also cover the lancets used in diabetic monitoring machines?

Short answer: No, not automatically. Lancets are not exempt as over-the-counter drugs or medicines on their own. They do qualify for exemption, however, if sold under a doctor's prescription.

Apply this to your situation

This page answers the general question as of 2000. Ezel answers yours, under current Texas tax law, with citations.

Currency note: this ruling is from 2000
Subsequent statutory amendments, regulation changes, court decisions, or later rulings may have changed the analysis. Treat this page as historical context, not current tax advice. Verify current law before relying on any specific rule, rate, or position mentioned here.
Disclaimer: This is an official Texas Comptroller of Public Accounts letter published on the State Tax Automated Research (STAR) system. Letters on STAR can be the basis of a detrimental reliance claim only for the taxpayer to whom the letter was directly issued (see 34 Tex. Admin. Code Rules 3.1 and 3.10); documents on STAR may no longer represent current policy even if not marked superseded. Taxpayer-identifying details are redacted. This summary is informational only and is not legal or tax advice. Consult a licensed Texas tax professional about your specific situation.
About this page: The plain-English summary, reader guidance, and Q&A below were written by Ezel based on the official state tax ruling. The original ruling (linked on this page) is the authoritative source for any reliance.

Plain-English summary

Ahead of the April 1, 2000 effective date of the new over-the-counter drugs and medicines exemption, someone emailed the Comptroller's tax.help address noting that diabetic test strips would be covered, but asking whether the exemption also reaches the lancets used in diabetic monitoring machines.

The Comptroller's answer: lancets are not exempt as over-the-counter drugs or medicines on their own. They do, however, qualify for exemption if sold under a prescription from a doctor.

What this means for you

Pharmacies and diabetic supply retailers

Diabetic test strips fall under the general OTC drugs/medicines exemption without needing a prescription (per related letters this session), but lancets specifically require a doctor's prescription to be exempt — don't treat lancets as automatically exempt the same way as test strips.

Diabetics and caregivers buying monitoring supplies

If you want your lancets to be tax-exempt, you'll need a doctor's prescription. Test strips, by contrast, don't require one.

Accountants and tax professionals

A short, targeted confirmation on lancets specifically — useful alongside related letters addressing the broader diabetic-supplies exemption list, reinforcing that lancets (like blood testing equipment/monitors) sit in the prescription-required category rather than the automatically-exempt category.

Common questions

Q: Are diabetic lancets exempt from Texas sales tax the same way test strips are?
A: No. Lancets are not automatically exempt — they require a doctor's prescription to qualify for exemption.

Q: What if I don't have a prescription for my lancets?
A: Without a prescription, lancets are not exempt as over-the-counter drugs or medicines.

Q: Can I rely on this letter for my own retail sales of lancets?
A: No. This opinion is based on the facts presented; additional or different facts may yield different results.

Citations and references

No Texas Tax Code section or administrative rule is cited by number in the original letter.

Source

Original ruling text

March 30, 2000

From: Philip Knisely

To: **/**

Dear Ms. ** and **:

Thanks for using tax.help email to inquire about Texas sales tax exemptions for
over-the-counter drugs and medicines effective April 1, 2000.

Lancets are not exempt over-the-counter drugs or medicines. They do, however,
qualify for exemption if sold under a prescription from a doctor.

This opinion is based on the facts presented. Additional or different facts
may yield different results.

Please let me know if you have additional questions.

Sincerely,

Philip Knisely

On Fri, 24 Mar 2000 21:55:45 -0600 **/**
wrote:

Hi, under the new tax exemption for OTC drugs I see that also includes diabetic
test strips but does it also include the diabetic lancets used in the
monitoring machines? Thanks **

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