Stosowanie przez inspekcję farmaceutyczną art. 99 ust. 4 ustawy Prawo farmaceutyczne do zezwoleń na prowadzenie aptek ogólnodostępnych wydanych przed wejściem w życie ustawy „apteka dla aptekarza”
The Application by the Pharmaceutical Inspection of the Art. 99 sec. 4 of the Pharmaceutical Law Act to Community Pharmacy Licence issued before the entry into force of the Act Called “Pharmacy for Pharmacist”

Summary/Abstract: The article presents problems with the application by the pharmaceutical inspection of the Act of April 7, 2017, amending the Pharmaceutical Law (called the Act of “Pharmacy for a Pharmacist”) introducing the requirement togrant a license for running pharmacies only by pharmacists or partnerships created by pharmacists, to community pharmacy license issued before the entry into force of this Act. The interpretation adopted by the pharmaceuticalinspection authorities that an entity applying for a change of the license issued before the entry into force of the Amendment Act, must meet all requirements imposed by the currently binding provisions of the Pharmaceutical Law Act,raises doubts, which was also confirmed by the Supreme Administrative Court in its judgments of February 24, 2022 (II GSK 384/20, II GSK 477/20).The aim of the article is the presentation the problems related to the applica-tion of the Act “Pharmacy for a Pharmacist” and stimulation the discussion with the questionable interpretation of these regulations adopted by the pharmaceutical inspection. The article presents the arguments against the application of the norm resulting from the amended Art. 99 sec. 4 of the Pharmaceutical Law to community pharmacy license issued before the entry into force of the Act called “Pharmacy for Pharmacist”.

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