Occupations Code § 158.002

Sec. 158.002. PROVISION OF FREE SAMPLES. (a) This chapter does not prohibit a physician from supplying a pharmaceutical sample to a patient free of charge if, in the physician's opinion, it is advantageous to the patient, in adhering to a course of treatment prescribed by the physician, to receive the sample. (b) A pharmaceutical sample provided under this section must be: (1) provided to the physician from the manufacturer free of charge and delivered to a patient free of any direct or indirect charge; (2) prepackaged by the original manufacturer and not repackaged; and (3) marked on the immediate container to indicate that it is a sample or recorded in records that indicate it is a sample. (c) Each state and federal labeling and recordkeeping requirement must be followed and documented. A record maintained under Subsection (b)(3) must be accessible as provided under state and federal law. Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.