On May 25, 2017, the Act of 7 April 2017 amending the Pharmaceutical Law Act (Journal of Laws of 2017, ...
On May 25, 2017, the Act of 7 April 2017 amending the Pharmaceutical Law Act (Journal of Laws of 2017, item 1015), introducing significant changes in the scope of conducting pharmacy operations, was published in the Journal of Laws of the Republic of Poland. The aforesaid law provides that the following entities may apply for a permit to run generally accessible pharmacies:
- a pharmacist holding the right to practice the profession referred to in art. 4 and art. 4b of the Act of 19 April 1991 on Pharmaceutical Chambers conducting sole proprietorship;
- general partnership or a partner company whose sole purpose is to run pharmacies, and in which partners (partners) are only pharmacists with the right to practice.
In addition, the Pharmaceutical Law Act introduces quantitative restrictions on permits for running generally accessible pharmacies. According to the amended wording of art. 99 par. 3a, the authorization shall not be issued when the applicant, partner or partner of the applicant company:
- is a partner, including a partner, in a company or companies that jointly run at least 4 generally accessible pharmacies or;
- operates at least 4 generally accessible pharmacies or an entity or entities controlled by it in a direct or indirect way, in particular a subsidiary or entities within the meaning of the provisions on competition and consumer protection, operate at least 4 generally accessible pharmacies, or
- is a member of a capital group within the meaning of the Act on Competition and Consumer Protection, whose members jointly hold at least four generally accessible pharmacies, or
- is part of the company\'s organs authorized to run a pharmaceutical wholesaler or dealing in the mediation of medicinal products.
The permit will be issued if at the date of submitting the application for its issue, the number of residents in a given municipality, calculated per one generally accessible pharmacy, is at least 3,000 people and the distance from the planned location of the pharmacy to the nearest generally available pharmacy, counted between the entrances to the forwarding chambers pharmacies in a straight line, is at least 500 meters. The number of inhabitants as of the day of submitting the application is determined on the basis of current data of the Central Statistical Office (GUS) (Article 99 paragraph 3b). The above limitation, in accordance with art. 99 par. 3 d, will not be used:
- if, as of the date of submission of the application for the permit, the distance from the place of the planned location of the pharmacy to the nearest generally available pharmacy, counted between the entries to the dispatch centers of pharmacies in a straight line is at least 1000 meters;
- when the application for a license is granted to an entity that has purchased the entire pharmacy available to the public, as defined in art. 551 of the Act of 23 April 1964
The Civil Code, the heir of the entity holding the permit and the address of running the pharmacy remain unchanged. The Act will come into force after 30 days from the date of its announcement.