1. (a) Sections 16 and 20 of this chapter do not apply to the actions of a:

   1. (1) person who is employed or retained as an investigator by a pharmaceutical manufacturer described in subdivision (3);
   2. (2) practitioner; or

   3. (3) pharmaceutical manufacturer that is approved by the federal Food and Drug Administration;

      performed in an investigation of a pharmaceutical manufacturer's legend drug that is suspected of being counterfeited, adulterated, or misbranded.

2. (b) A drug sample collected during an investigation described in subsection (a) may only be used for testing or a civil or criminal action. A drug sample collected during an investigation may not be resold or provided for human consumption.

3. (c) A pharmaceutical manufacturer that collects drug samples during an investigation described in subsection (a) shall:

   1. (1) maintain records of the drug samples; and
   2. (2) make these records available, at a reasonable time, to law enforcement agencies or the agencies' representatives in the enforcement of this chapter.

As added by P.L.48-2015, SEC.4.