Federal Administrative Court makes it easier to supply medicine to homes

However, pharmacists require an operating license for external rooms
Leipzig (jur). The Federal Administrative Court in Leipzig has made it easier for pharmacists to supply pharmaceuticals to homes. For this purpose, pharmacies can use an outsourced space uniformly for advising patients and dispensing and storing medication, the Federal Administrative Court in Leipzig ruled on Wednesday, May 25, 2016 (file number: 3 C 8.15). However, you need an operating license to use such a room.

The top administrative judges partially agreed with a pharmacist from Castrop-Rauxel. He also supplies the residents of several homes with medicines, but his pharmacy became too small for this. So he rented two additional rooms nearby. The district of Recklinghausen did not approve their use.

According to the applicable regulations, pharmacists are only allowed to use storage rooms separately from their pharmacy. It was now controversial whether the activity in this room is actually limited to storage and whether the pharmacist needs an operating license for this.

According to the Leipzig judgment, the pharmacist may also use his storage space for "other home care activities". In particular, he can also advise patients or home staff there, take orders, dispense medication and call the prescribing doctor if necessary. Only activities that require special premises or special equipment are excluded, according to the Federal Administrative Court, such as the production of individual prescription medicines. In addition, the external space must be "in reasonable proximity to the pharmacy".

However, the pharmacist needs an operating license for such rooms. Because in general, the operating license of a pharmacy is tied to certain rooms. Therefore, an additional operating license is required for the use of additional rooms, the Federal Administrative Court said. mwo / fle

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