2019 Texas Statutes
Occupations Code
Title 3 - Health Professions
Subtitle B - Physicians
Chapter 158 - Authority of Physician to Provide Certain Drugs and Supplies
Section 158.002. Provision of Free Samples
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.
