Texas Occupations Code

§ 158.002 — PROVISION OF FREE SAMPLES

OC § 158.002Title 3. HEALTH PROFESSIONS · Part B. PHYSICIANS · Ch. 158. AUTHORITY OF PHYSICIAN TO PROVIDE CERTAIN DRUGS AND SUPPLIES

Statute text

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(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.

Legislative history

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.