How do pharmacies manage inventory

Home Affairs, Social Affairs and Health (LDS)

Pharmacies

[15.05.2020]

Lease or manage one or more pharmacies

To operate a main pharmacy and one or more branch pharmacies, only one operating license as a leaseholder is issued. With the application for a license to operate as a tenant of one or more pharmacies, an applicant who already has an operating license for a pharmacy indicates that he is waiving the old operating license.
Basis: Act on Pharmacy (Pharmacy Act - ApoG) in the current version.
 
According to Section 2 (4) ApoG, leasing a pharmacy is only permitted in the following cases:
  1. if and for as long as the lessor is in possession of the license and cannot operate the pharmacy himself for an important reason, or withdraw the license because one of the requirements of Section 2 (1) No. 7 ApoG has ceased to exist or by revocation the license to practice medicine has expired due to the elimination of one of the requirements pursuant to Section 4 (1), sentence 1, no. 3 of the Federal Pharmacists' Ordinance;
     
  2. after the death of a permit holder by his or her children entitled to inherit up to the point in time when the youngest of the children has reached the age of 23. If one of these children takes up the profession of pharmacist before the age of 23, the deadline can be extended on application until they can meet the requirements for the granting of the license in their person;
     
  3. by the surviving spouse entitled to inheritance up to the point in time of remarriage, provided that he himself does not receive a permit according to § 1 ApoG.
 
The admissibility of a lease is not affected by the fact that, after the occurrence of the cases mentioned in Section 9 (1) sentence 1 ApoG, a pharmacy / pharmacies is relocated within the same location, in cities within the same or in an adjacent urban district or that their premises are changed. If, in the case of relocation or modification of the operating rooms, it is a pharmacy / pharmacy that is / are leased in accordance with sentence 1 no. 1, the lessor does not need a new permit. § 3 No. 5 ApoG remains unaffected.
 
According to § 13 ApoG, the administration of a pharmacy is only permitted in the following cases:
  1. after the death of the license holder by the heirs or
  2. after the death of the lessee and before the lease expires, for a maximum of 12 months.
The administrator requires the approval of the competent authority.
 
The Application for permission to operate one or more pharmacies as a tenant or for the Application for approval from an administration The following documents must be attached (the information in brackets refers to the provisions of the Pharmacy Act):
  • The officially certified copy of the German license to practice medicine (§ 2 Paragraph 1 No. 3)
  • A signed curriculum vitae in tabular form with information about training and previous professional activities (Section 2 (3)) A medical certificate with the following wording:
  • "Mr / Ms ........................... is not unsuitable from a health point of view to properly manage a pharmacy." (§ 2 Para. 1 No. 7) Name, address, stamp and signature of the doctor (only if the applicant has not previously had an operating license) (Appendix 1)
  • A certificate of good conduct that must not be older than 6 months (Section 2 Paragraph 1 No. 4) (only if the applicant has not previously had an operating license):
    • Document type OB (sent to the authority; Section 30 (5) sentence 1 of the Federal Central Register Act [BZRG]) or
    • Document type PB (sent to the authority with the possibility of prior inspection at the district court, if an entry is available; Section 30 (5) sentence 3 BZRG)
  • A statement that:
    • the applicant is not prohibited from practicing the profession of pharmacist and that no criminal proceedings or professional judicial proceedings are pending against him / her (Section 2 (1) No. 4) (only if the applicant has not previously had an operating license)
    • A declaration in which the applicant states whether and, if applicable, at which location he / she operates one or more pharmacies in another member state of the European Union or in another signatory to the Agreement on the European Economic Area (Section 2 Para. 1 No. 8)
    • An assurance of the completeness and correctness of the information and a declaration that the pharmacist is aware that incorrect and incomplete information can lead to the withdrawal of the license
  • A copy of the lease agreement or the management agreement
  • For tenants only:
    • the declaration by the landlord of the pharmacy to be leased that the lessee can enter into the lessor's lease as a subtenant
    • an affirmation in lieu of oath (form will be sent by the LDS)
    • for the case of § 9 Paragraph 1 No. 2 ApoG: certificate of inheritance and certificate of study
    • Date on which the license to operate as a tenant is to be granted
    • Delivery address for the license certificate as a tenant

Pharmacies

  • Lease or manage one or more pharmacies

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