Current with legislation from the 2023 Regular and Special Sessions signed by the Governor as of November 21, 2023.
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. 9/1/1999.