4729-36-04. Sample drug distribution to a charitable pharmacy [RESCINDED]  


Latest version.
  • (A) An eligible sample drug shall only be distributed directly to a charitable pharmacy by a:

    (1) Manufacturer;

    (2) Manufacturer's representative;

    (3) Wholesale distributor of dangerous drugs acting on behalf of a manufacturer; or

    (4) Prescriber practicing in a location that is licensed as a terminal distributor of dangerous drugs unless exempt from licensure pursuant to sections 4729.51 and 4729.541 of the Revised Code.

    (B) If a sample drug is furnished by a prescriber:

    (1) A record must be created by the prescriber documenting the sample drug transfer. The record shall contain the:

    (a) Name and address of the supplying prescriber;

    (b) Name, strength, and quantity of the sample drug supplied;

    (c) Date of the sample drug transfer;

    (d) Name and address of the charitable pharmacy receiving the sample drug.

    (2) A copy of all required records documenting the transfer of a sample drug must be kept by the prescriber and the charitable pharmacy for a minimum of three years and be stored in a readily retrievable manner.

    (3) The prescriber shall not transfer a sample drug to a charitable pharmacy unless the sample drug was received directly from a manufacturer, a manufacturer's representative, or by a wholesaler acting on behalf of a manufacturer and meets the eligibility requirements pursuant to rule 4729-36-05 of the Administrative Code.

    (4) The sample drug must not have any physical signs of tampering.

    (5) The sample drug packaging must not have any physical signs of tampering.


Effective: 7/1/2019
Five Year Review (FYR) Dates: 2/8/2019
Promulgated Under: 119.03
Statutory Authority: 3719.28, 4729.26, 3719.811
Rule Amplifies: 3719.81 , 3719.811 , 3719.812, 3719.813
Prior Effective Dates: 01/01/2006, 10/19/2007, 01/01/2011