Tex. Occ. Code Section 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.

Source: Section 158.002 — Provision of Free Samples, https://statutes.­capitol.­texas.­gov/Docs/OC/htm/OC.­158.­htm#158.­002 (accessed May 4, 2024).

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Accessed:
May 4, 2024

§ 158.002’s source at texas​.gov