Texas § 158.002 PROVISION OF FREE SAMPLES.

Texas Statutes

§ 158.002 — PROVISION OF FREE SAMPLES.

Texas § 158.002

Code OCOccupations Code

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Bluebook

Tex. Occupations Code Code Ann. § 158.002 (2026).

Text

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.

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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.

Michael Garrett, M. D. and Kristin Held, M.D. v. the Texas State Board of Pharmacy, Dennis Wiesner, Bradley Miller, Donnie Lewis, Jenny Yoakum, Rick Fernandez, Daniel Guerroro, Lori Henke, L. Suzan Kedron, Julie Spier, Chip Thornsburg, and Suzette Tijerina, in Their Official Capacities as Members of the State Board of Pharmacy

(Court of Appeals of Texas, 2023)