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.