Pharmacy Act (Germany)

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Basic data
Title: Law on Pharmacy
Short title: Pharmacy Act
Abbreviation: ApoG
Type: Federal law
Scope: Federal Republic of Germany
Legal matter: Special administrative law , health law
References : 2121-2
Original version from: August 20, 1960
( Federal Law Gazette I p. 697 )
Entry into force on: October 1, 1960
New announcement from: October 15, 1980
( Federal Law Gazette I, p. 1993 )
Last change by: Art. 18 G of 9 August 2019
( Federal Law Gazette I p. 1202, 1218 )
Effective date of the
last change:
August 15, 2020
(Art. 21 G of August 9, 2019)
GESTA : M014
Please note the note on the applicable legal version.

The Pharmacy Act regulates the basics of operating pharmacies in Germany . According to the legislature, the primary task of pharmacies is to ensure the proper supply of pharmaceuticals in Germany.

history

The Pharmacy Act replaced a large number of state law , some of which were still pre- constitutional , some of which went back well into the 19th century and further back. B. the Baden pharmacy and pharmacist regulations of July 28, 1806).

content

Part 1

At the beginning of the Pharmacies Act, the legal mandate of pharmacies is named: Ensuring the proper supply of medicines . The following are the criteria that must be met in order to be granted a license to operate a pharmacy ( staff license ). This includes u. a. that the applicant, the German license to practice as a pharmacist must possess. Furthermore, the basics for the limited number of owners in Germany are defined: A license holder may operate a maximum of three branch pharmacies in addition to the (main) pharmacy to be personally managed .

With more than one owner may a pharmacy only in the form of a general partnership (OHG) or a civil partnership are operated (GbR). The commercial business of a pharmacy is contrary to a GbR, so in fact only the form of an OHG is possible. Each partner must have permission to operate the pharmacy. With this ban on third-party ownership , the legislature ensures that every pharmacy is run by one or more personally fully liable pharmacists. As a health professional , the pharmacist is also obliged to serve the common good in the exercise of his activity , d. H. the activity should not only take place from a commercial point of view.

Section 1 also regulates the basics of the leasing and management of pharmacies, the requirements for mail order sales of pharmaceuticals and the basics for home supply.

Sections 2-5

In the second section, the basics for the operation of hospital pharmacies , Bundeswehr pharmacies and, in the event of an emergency, pharmacy branches, branch pharmacies and emergency pharmacies are defined. In the third section, in addition to the authorization to issue the pharmacy operating regulations - here the details of the operation of pharmacies are regulated - there are exceptions for the federal police . Sections 4 and 5 follow criminal , fines , final and transitional provisions.

Web links

Individual evidence

  1. Introduction of short title and abbreviation with effect from January 1, 2004 ( BGBl. 2003 I p. 2190, 2249 ff.).
  2. ^ Karl Heinz Bartels : Drug trafficking and pharmacy law relationships between Venice and Nuremberg. The intrusion of Italian elements into German pharmacy legislation as a result of drug trafficking and other connections between Venice and Nuremberg. Frankfurt am Main 1966 (= sources and studies on the history of pharmacy , 8).
  3. BadRegBl. P. 63; Government Gazette for the Grand Duchy of Baden . Vol. 4, 1806, p. 63 ( Wikisource )