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Drug Samples: Accountability and Control Are Essential to Reducing Liability Risk

Sample medications can benefit patients by saving them money, thereby strengthening the goodwill they feel toward their physician. But when a medical practice’s management of samples (or any other medications) becomes too informal, the laxity can put the physician, office staff and patient at risk.

Drug samples often move from drug rep to office staff to physician without documentation or accountability. The liability risk issues involved include lack of appropriate tracking (and the problem of theft it can facilitate), dispensing of meds that are not in childproof containers and inattention to expiration dates.

The Joint Commission on the Accreditation of Healthcare Organizations (JCAHO) requires that medical institutions have a policy and procedure related to the control of drug samples, and that such samples be handled with the same level of accountability and security as other prescription medications.

Consider the following guidelines when handling drug samples:

  • Store, secure and track samples to prevent needless access and loss.
  • Document the dispensing of samples in the patient’s medical record.
  • Obtain and document informed consent from the patient.
  • Label samples with prescribing information.
  • Regularly monitor samples for upcoming expiration dates.
  • Maintain records so patients can be contacted if the medication is recalled.