Board of Equalization Votes to Eliminate Sales Tax for Botox, Other Rx Drugs

The Board of Equalization on Tuesday voted to remove taxes from prescription drugs and medical devices administered or implanted by a doctor, the Sacramento Bee reports.

The tax exemption applies to all FDA-approved drugs and medical products -- including Botox and breast implants -- "regardless of ultimate use."

Medical lobbyists at a hearing on Tuesday said they were concerned about auditors reviewing confidential patient files to determine whether a procedure was for cosmetic or medical purposes. Lobbyists also questioned whether auditors had the ability to judge which procedures were medical versus cosmetic (McIntosh, Sacramento Bee, 2/1).

The Office of Administrative Law will review and seek public comment on the regulation. BOE on April 18 will consider the final form of the regulation, according to board spokesperson Anita Gore (Spano, Los Angeles Times, 2/1).