A pharmacy can only be run by a pharmacist with sufficient professional experience, but it can be established by virtually anyone. However, the owner must meet the conditions defined in the Pharmaceutical Law.
Pursuant to the regulations, a permit for running a pharmacy can be obtained by a natural or legal person, and a commercial law company without legal personality. The Pharmaceutical Law imposes certain limitations when it comes to the number of pharmacies – a person or entity which runs over 1 percent of all pharmacies within a given voivodeship will not obtain a permit. It is also prohibited to simultaneously run a pharmacy and a pharmaceutical wholesale store.
When a physician is seeking the permit, he or she must submit a declaration of not practicing the medical profession.
The managerial position in a pharmacy can be occupied by a pharmacist with a minimum of five years experience of work in a pharmacy or three years experience in the case of pharmacists with specialisation in retail pharmacy.
Who grants the permit
The permit to run a pharmacy is granted by the voivodeship sanitary inspector. The fee for the permit is in the amount of five times of the minimum wage. The fee for extending or amending the permit equals fifty percent of the above.
The permit can be revoked if the pharmacy violates the regulations, e.g. by selling prohibited medicines or persistently failing to satisfy the demand for drug provision.
The application should include a technical plan and specification of the premises designated for the pharmacy, the opinion on the premises from the sanitary inspectorate, and name and surname of the pharmacist in charge of running the pharmacy.
Pharmacy working hours
Pharmacies are divided into retail, hospital and department (e.g. in medical entities established by the Minister of National Defence and the Minister of Justice).
The working hours of the pharmacies should be adapted to customer needs and provide access by night, on Sundays, holidays, and other days free from work. They are defined by the resolution of the district council. In turn, the resolution of the Minister of Health establishes the maximum value of the extra charges collected by the pharmacies for night sales and medicines exempted from extra charge for sales at night.
Rights and responsibilities
Retail pharmacies are obliged to stock medicinal products and medical devices in quantities and assortment necessary to satisfy the needs of the local community. If there is shortage of a certain medicine, the pharmacy should ensure its availability at a time agreed upon with the patient. At the pharmacy manager’s request, the voivodeship sanitary inspector can exempt the pharmacy from the obligation to stock certain intoxicants and psychotropic substances.
In the event of urgent life or health threatening situations, the pharmacist may sell a medicine without doctor’s prescription in the smallest therapeutic package.
The pharmacist and pharmaceutical technician may refuse to sell a medicinal product if it entails a risk to the patient’s life or health. However, they cannot refuse the sale of drugs by invoking the conscience clause.
Pharmacies may also accept prescriptions issued by veterinarians for human medicines which are to be administered to animals.
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