For the law, a dispensary shall mean an establishment used for the dispensing of prescriptions, the preparation of medicines listed in the pharmacopeia, and the retail sale of the products referred to in article 13 of the law.
The pharmacopeia is an official compendium comprising :
– The list of materials required for the preparation of officinal formulae and the performance of the most common tests for officinal medicines.
– The nomenclature of drugs used in the preparation of simple and compound medicines and compendia articles.
– Tables of the maximum and usual dosage of medicines for adults and children.
– Information that may be useful to the pharmacist in his practice.
Pharmacopoeia indicates the characteristics of medicines, how they can be identified, the methods of testing and analysis to be used to ensure their control, the procedures for preparation, storage, and distribution of medicines, and the procedures for their use.
The preparation, sterilization, and storage of medicines, as well as the rules for their packaging, their main incompatibilities, and a set of data that may be useful to the pharmacist for their preparation and dispensing.
Until the first edition of the national pharmacopeia is published, the European pharmacopeia remains in force.
The pharmacopeia is supplemented by a national formulary, which is prepared by an ad hoc committee at the request of the public health authority.
The operation of a pharmacy is incompatible with the exercise of another profession.
However, the pharmacist may be authorized to annex a medical analysis laboratory to his establishment provided that he meets the regulatory conditions for the opening and operation of the laboratory.
Pharmacists may not trade in goods in their dispensaries other than those on the list drawn up by the authority responsible for public health on the proposal of the Council of the Order.
Pharmacists must keep in their dispensaries:
Simple drugs, chemical products, and stable preparations are described in Pharmacopoeia. Unstable medicinal products must be prepared in case of need and have the characteristics indicated in the pharmacopeia.
Pharmacists may not sell any secret remedies as defined in the law below.
Any simple or compound medicine held for sale, offered for sale, or sold when one or more of the following statements have been omitted from its packaging is considered a secret remedy:
– The name and address of the pharmacist, except on the medicinal ampoules whose dimensions do not allow this inscription and which must be delivered to the public in a box carrying itself the required indications.
– The name and dose of each active substance contained in the prepared products. These two indications can be replaced :
By the name attributed to the drug in the pharmacopeia and the formulary in force, if this drug is included;
The name and dose of each active substance contained in the prepared product;
By the application of the name and qualities of the raw materials used for its preparation as well as the operating procedures followed, the reference and description of the latter having to be sufficiently precise to allow, by reproducing them, the obtaining of a remedy of identical composition to the one in question, if the finished product has a defined composition.
In no case, except in the case of compounded products, shall a prescription registration number replace the entries referred to above.
The modalities for the creation and opening of pharmacies as well as their spatial distribution shall be laid down in a regulatory act.
(1) The pharmacist must be the owner of the pharmacy he owns.
(2) Pharmacists may be authorized to form either a general partnership or a limited liability company to operate a pharmacy, provided that such a company owns only one pharmacy, irrespective of the number of associated pharmacists, and that the management of the pharmacy is ensured by one of them.
The authority referred to in this paragraph shall be granted under the conditions laid down by regulations.
(3) The managers and the partners shall be jointly and severally liable to third parties.
There is no limit to the tort and quasi-tort liability of the managers who are compulsorily insured against all professional risks.
(4) All pharmacists and partners are jointly and severally liable to third parties.
(4) All the associated pharmacists shall be individually bound by the obligations provided for by this law.
Consequently, with all their diplomas being registered for the operation of the pharmacy, they may not exercise any other pharmaceutical activity.
(5) A pharmacist may own or co-own only one pharmacy.
(6) A pharmacist must live in the locality where his dispensary is located.
No agreement concerning the ownership of a dispensary is valid unless it is in writing.
A copy of the agreement must be filed with the Council of the Order and with the supervisory authority.
Any stipulation intended to establish the ownership or co-ownership of a pharmacy in favor of a person who does not hold the required diploma is null and void.
Notwithstanding the provisions above, hospitals, asylums, clinics
asylums, clinics, sanatoriums, preventoriums, dispensaries, and in general all public or private organizations where patients are treated may own a pharmacy provided that it is managed by a pharmacist.
This pharmacy must be located on the premises of the establishment for which it is intended.
In the case of a private institution, its opening is subject to the conditions of articles 4 and 32 of the law.
The managing pharmacist is designated by the authority responsible for Public Health, in the case of public organizations.
The operation of the pharmacies referred to in this article is subject to the control and inspection established by this law.
The establishments provided for in the preceding article may only have a pharmacy for their internal use.
Propharmacies attached to health facilities may be established in
localities where the supply of medicines is non-existent and the purchasing power of the population is very low. The corresponding authorization is granted in the forms provided for by regulation. It becomes null and void within a radius of km as soon as a pharmacy or any other public establishment declared to be a priority response for public health is created.
Any infringement of the above provision shall result in the closure of the establishment for three months and in case of recurrence, permanent closure.