Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 7 - CONSUMER PROTECTION (§§ 4-86-101 — 4-119-105) › Chapter 117 - DISTRIBUTION OF DRUG SAMPLES (§§ 4-117-101 — 4-117-102) › Section 4-117-102 - Distribution of drug samples

(a)
Except under subsections (b) and (c) of this section, a person shall not distribute a drug sample.
(b)
(1)
A drug manufacturer or authorized distributor of record of a drug may distribute a drug sample by mail, common carrier, or by direct distribution by an authorized company representative to physicians or practitioners licensed to prescribe the drugs.
(2)
(A)
A distribution of a drug sample under subdivision (b)(1) of this section shall be made only upon the written request of the licensed physician or practitioner.
(B)
The written request shall contain:
(i)
The name, address, professional designation, and signature of the physician or practitioner making the request;
(ii)
The identity of the drug sample requested, the strength of the drug, and the quantity requested;
(iii)
The name of the drug manufacturer of the drug sample requested; and
(iv)
The date of the request.
(c)
(1)
(A)
A drug manufacturer or authorized distributor of record may distribute drug samples to its authorized company representatives by common carrier.
(B)
A drug sample that is distributed by common carrier shall be shipped in a manner that requires the signature of the recipient before delivery.
(C)
The authorized company representative shall personally sign for this delivery.
(2)
The drug manufacturer or authorized distributor of record does not violate this subsection if the common carrier fails to obtain the authorized company representative's signature.
(d)
(1)
The authorized company representative shall store the drug samples under conditions that will maintain the stability, integrity, and effectiveness of the drug samples and ensure that the drug samples will be free of contamination, deterioration, and adulteration as required under the Federal Food, Drug, and Cosmetic Act,
21 U.S.C. § 301
et seq.
(2)
All compendial and labeling requirements for storage and handling of a particular prescription drug shall be followed.
(e)
(1)
The name and address of the individual responsible for responding to requests by the United States Food and Drug Administration regarding samples on behalf of a drug manufacturer or distributor shall be provided by the manufacturer to the Arkansas State Board of Pharmacy.
(2)
The individual identified under subdivision (e)(1) of this section shall further serve as the initial contact person to the board concerning any alleged violations of this section.
(f)
(1)
A drug manufacturer or an authorized distributor of record shall maintain a list of:
(A)
The name and address of each representative of the manufacturer or authorized distributor who distributes drug samples; and
(B)
Each site where drug samples are stored.
(2)
A record and a list maintained under this subsection shall be made available by the drug manufacturer or authorized distributor to the board upon request.
(g)
A drug manufacturer or an authorized distributor shall notify the board of a significant loss of drug samples and known theft of drug samples.
(h)
The board may report to the United States Food and Drug Administration any violation of this section.
(i)
This section applies only to the distribution of drug samples within the State of Arkansas.
(j)
A drug manufacturer that distributes drug samples in the State of Arkansas shall have a policy for drug screening of an employee who distributes drug samples in this state.
Acts 2011, No. 719, § 3.