Unless otherwise specified, a pharmacy may not sell, purchase, trade or possess prescription drug samples, unless the pharmacy meets all of the following conditions:
(1) the pharmacy is owned by a charitable organization described in the Internal Revenue Code of 1986, or by a city, state or county government;(2) the pharmacy is a part of a health care entity which provides health care primarily to indigent or low income patients at no or reduced cost;(3) the samples are for dispensing or provision at no charge to patients of such health care entity; and(4) the samples are possessed in compliance with the federal Prescription Drug Marketing Act of 1987.22 Tex. Admin. Code § 291.16
The provisions of this §291.16 adopted to be effective March 10, 2011, 36 TexReg 1511