2012 Indiana Code
TITLE 16. HEALTH
ARTICLE 42. REGULATION OF FOOD, DRUGS, AND COSMETICS
CHAPTER 21. DRUGS: DRUG SAMPLES

IC 16-42-21
Chapter 21. Drugs: Drug Samples

IC 16-42-21-1
"Controlled substance" defined
Sec. 1. As used in this chapter, "controlled substance" has the meaning set forth in IC 35-48-1.
As added by P.L.2-1993, SEC.25.

IC 16-42-21-2
"Drug sample" defined
Sec. 2. As used in this chapter, "drug sample" means a legend drug or a controlled substance that is manufactured, packaged, labeled, or otherwise marketed to be distributed and dispensed without consideration.
As added by P.L.2-1993, SEC.25.

IC 16-42-21-3
"Practitioner" defined
Sec. 3. As used in this chapter, "practitioner" means any of the following:
(1) A licensed physician.
(2) A dentist licensed to practice dentistry in Indiana.
(3) A podiatrist licensed to practice podiatry in Indiana.
(4) A veterinarian licensed to practice veterinary medicine in Indiana.
(5) An optometrist who is:
(A) licensed to practice optometry in Indiana; and
(B) certified under IC 25-24-3.
(6) An advanced practice nurse licensed and granted the authority to prescribe legend drugs under IC 25-23.
As added by P.L.2-1993, SEC.25. Amended by P.L.157-2006, SEC.7; P.L.105-2008, SEC.1.

IC 16-42-21-4
Delivery of drug samples to ultimate user after removal from original packaging or after expiration date; offense
Sec. 4. A person who:
(1) is a manufacturer, wholesaler, practitioner, or pharmacist, or is an employee or agent of a manufacturer, wholesaler, practitioner, or pharmacist; and
(2) either:
(A) knowingly or intentionally removes a drug sample from its original packaging, repackages the drug sample, and delivers the drug sample to an ultimate user in exchange for money or other property; or
(B) knowingly or intentionally delivers a drug sample to an ultimate user when the expiration date listed by the manufacturer on the drug sample has passed;
commits a Class B misdemeanor. As added by P.L.2-1993, SEC.25.