106 STAT. 942 PUBLIC LAW 102-353—AUG. 26, 1992 (C) knowingly selling, purchasing, or trading a coupon, knowingly offering to sell, purchase, or trade such a coupon, or knowingly counterfeiting such a coupon, in violation of section 503(c)(2), or "(D) knowingly distributing drugs in violation of section 503(e)(2)(A), shall be imprisoned for not more than 10 years or fined not more than $250,000, or both. ", (b) CLARIFICATION. —Section 303 (21 U.S.C. 333) is amended— (1) in subparagraphs (A) and (B)(i) of subsection (b)(4), by striking out **the arrest and conviction of each time it occurs and inserting in lieu thereof "the institution of a criminal proceeding against, and conviction of,"; (2) in subparagraph (B)(i) of subsection (b)(4), by striking out "the arrest of and inserting in lieu thereof "the institution of a criminal proceeding against"; (3) in subsection (b)(5), by striking out "the arrest and conviction of and inserting in lieu thereof "the institution of a criminal proceeding against, and conviction of,"; (4) in subsections (c) and (d), by striking out "subsection (a) of this section" and inserting in lieu thereof "subsection (a)(1) of this section"; and (5) in subsection (d), by striking out ", and no person" and all that follows through "mislead". SEC. 4. DRUG SAMPLES. Section 503 (21 U.S.C. 353) is amended— (1) in subsection (d), by sunending paragraph (1) to read as follows: "(d)(1) Except as provided in psuragraphs (2) and (3), no person may distribute any drug sample. For purposes of this subsection, the term 'distribute* does not include the providing of a drug sample to a patient by a— "(A) practitioner licensed to prescribe such drug, "(B) health care professional acting at the direction and under the supervision of such a practitioner, or "(C) pharmacy of a hospital or of another health care entity that is acting at the direction of such a practitioner and that received such sample pursuant to paragraph (2) or (3).". (2) in paragraphs (2) and (3) of subsection (d), by striking out "distributor" each place it occxirs and inserting in lieu thereof "authorized distributor of record" and in subsection (d)(3) by striking out "distributors" each place it occurs and inserting in lieu thereof "authorized distributors of record"; (3) in subsection (e), by amending paragraph (1) to read as follows: "(e)(1)(A) Each person who is engaged in the wholesale distribution of a drug subject to subsection (b) and who is not the manufacturer or an aumorized distributor of record of such drug shall, before each wholessde distribution of such drug (including each distribution to an authorized distributor of record or to a retail pharmacy), provide to the person who receives the drug a statement (in such form and containing such information as the Secretary may require) identifying each prior sale, purchase, or trade of such drug (including the date of the transaction and the names and addresses of all p^*ties to the transaction).
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