SLS 12RS-34 ORIGINAL
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2012
SENATE BILL NO. 143
BY SENATOR MILLS
TAX/SALES. Requires local sales tax due on the distribution of prescription drugs by a
pharmacy in the state on behalf of a pharmacy benefit management company to be collected
from the pharmacy benefit management company. (7/1/12)
AN ACT1
To enact R.S. 47:301(4)(m) and 337.15(J), relative to sales tax; to define a pharmacy benefit2
management company as a dealer in certain circumstances; to require sales and use3
tax levied by political subdivisions which are due on the distribution of prescription4
drugs by a pharmacy on behalf of a pharmacy benefit management company to be5
collected from the pharmacy benefit management company; and to provide for6
related matters.7
Be it enacted by the Legislature of Louisiana:8
Section 1. R.S. 47:301(4)(m) and 337.15(J) are hereby enacted to read as follows:9
§301. Definitions10
As used in this Chapter the following words, terms, and phrases have the11
meaning ascribed to them in this Section, unless the context clearly indicates a12
different meaning:13
* * *14
(4) * * *15
(m)(I) For purposes of the sales and use tax levied by political16
subdivisions as defined in R.S. 47:337.6(A)(2), a pharmacy in the state17 SB NO. 143
SLS 12RS-34 ORIGINAL
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
dispensing prescription drugs on behalf of a pharmacy benefit management1
company shall not be considered a "dealer" for the purpose of collecting such2
tax.3
(II) The term "dealer" shall include a pharmacy benefit management4
company which has pharmacies in the state dispensing prescription drugs on its5
behalf. In that case, any tax due on the distribution of the prescription drug by6
the pharmacy on the pharmacy benefit management company's behalf shall be7
collected from such company.8
* * *9
§337.15. Collection10
* * *11
J. Any tax sales and use tax levied by political subdivision which is due12
on the distribution of prescription drugs by a pharmacy in the state on behalf13
of a pharmacy benefit management company shall be collected from the14
pharmacy benefit management company. 15
Section 2. This Act shall become effective on July 1, 2012; if vetoed by the governor16
and subsequently approved by the legislature, this Act shall become effective on July 1,17
2012, or on the day following such approval by the legislature, whichever is later.18
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Riley Boudreaux.
DIGEST
Proposed law includes in the term "dealer" a pharmacy benefit management company (a
PBM) which has pharmacies in the state dispensing prescription drugs on its behalf and
requires local sales tax due on the distribution of prescription drugs by a pharmacy in the
state on behalf of such PBM to be collected from the PBM.
Effective July 1, 2012.
(Adds R.S. 47:301(4)(m) and 337.15(J))