As used in this chapter, "distribute" means to sell, offer to sell, deliver, offer to deliver, broker, give away, or transfer a legend drug, whether by passage of title or physical movement, or both. The term does not include the following:

1. (1) Dispensing or administering a legend drug.
2. (2) Delivering or offering to deliver a legend drug by a common carrier in the usual course of business as a common carrier.

3. (3) The provision of a legend drug sample to a patient by a:

   1. (A) practitioner;
   2. (B) health care professional acting at the direction and under the supervision of a practitioner; or

   3. (C) hospital's or other health care entity's pharmacy that received the drug sample in accordance with this chapter and other applicable law to administer or dispense and that is acting at the direction of a practitioner;

      licensed to prescribe the legend drug.

As added by P.L.212-2005, SEC.33.