ZMIANA ZEZWOLENIA NA PROWADZENIE APTEKI OGÓLNODOSTĘPNEJ A ZMIANA LOKALIZACJI APTEKI
AMENDMENT OF LICENSE FOR OPERATING PUBLIC PHARMACIES AND CHANGE OF LOCATION OF A PHARMACY

Summary/Abstract: A public pharmacy may be operated only on the basis of a pharmacy license. The owner of the pharmacy must have the right to the premises in which the pharmacy is located, and the pharmacy premises must be a separate building or part of the building separated from other premises and other activities. The license to operate a public pharmacy specifi es who, where and under what conditions may run a pharmacy. The license is granted in administrative decision by the provincial pharmaceutical inspector. One of the elements of the license is the pharmacy’s address. The data in the license may change, but the provisions of the law do not limit the scope of changes that may occur. Changes of data in the license may occur for various reasons and do so often regardless of the entrepreneur’s will. In the event of a data change, the entrepreneur is only obliged to notify the authority about these changes. The practice of the State Pharmaceutical Inspectorate is that any change to the data contained in the license requires the issuance of an amending decision. Changes to license to operate pharmacies should be divided into: 1) declaratory changes resulting from various legal events and not requiring the issuance of a constitutive amending decision, but only a declaratory decision confi rming the change, and 2) constitutive changes, which may occur only on the basis of a fi nal decision on amendment of license, issued pursuant to Article 155 of the Code of Administrative Procedure. Amendment of a decision of granting a license, including changing the pharmacy premises, will be possible if the public interest or justifi able interest of the party is involved. According to currently applicable legal provisions, but contrary to the jurisprudence of the Pharmaceutical Inspection authorities, changing the location of a pharmacy should be allowed by amendment of decision on grant a license, pursuant to Article 155 of the Code of Administrative Procedure.

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