1. (1) A pharmaceutical manufacturer or pharmaceutical wholesaler may not provide a prescription drug to any person, except as defined by rule.

2. (2)

   1. (a) Prescription drugs that are not controlled substances may be:

      1. (i) distributed or provided as drug samples to a person licensed within the state to sell, prescribe, administer, or conduct research with legend drugs; and
      2. (ii) supplied in connection with a manufacturer's patient assistance program to be distributed to qualifying patients enrolled in the program.

   2. (b) Controlled substance prescription drugs may be sold or provided only:

      1. (i) upon the issuance of an order or request by a person appropriately licensed under state and federal law to sell, prescribe, administer, or conduct research with prescription drugs; and
      2. (ii) upon the establishment of documents in the possession of the manufacturer or distributor recording the purchaser, type of drug, quantity of drug, date of shipment, and date of delivery.
3. (3) Purchasers or those in receipt of drugs under this section shall maintain records in accordance with federal and state laws regarding controlled substances.

Enacted by Chapter 280, 2004 General Session