Federal Administrative Court adjudicates on transfer opportunities a pharmacy emergency service the Federal Administrative Court has decided that pharmacists with several pharmacies can do not require to perceive the regular emergency service only with one of their pharmacies. To the dispute, a pharmacist from Gera operates a main and three presumed. Usually, the pharmacies in the regular cycle take part in the emergency services. The plaintiff requested the country Chamber of pharmacists, making the falling on his pharmacy emergency services only in its main branch. This request the country Chamber of pharmacists however refused and justified their decision, that such a practice would favour the development of focus on pharmacies. Although the possibility of derogation; in the present case, however, no exceptional situation is visible.
Some of the claim against the decision before the competent administrative court (OVG) had success. The SAC was the action before the Federal Administrative Court (BVerwG), which dismissed the action and the defendant country pharmacists Law said. To the judgment the defendant Chamber of pharmacists has rightly rejected shifting of emergency services according to 23 para 2 of the pharmacy operation order. The emergency services should be in such a way that each pharmacy of a municipality and its staff equally will be charged. At the same time, supplying the population with medicines must be always guaranteed.
A permanent exemption by a shift of the emergency service between main and presumed contradicts the idea of uniform load and security of supply and can rightly be rejected by a Chamber of pharmacists. Also, the pharmacy operating regulations provides that each pharmacy has to provide the medicines required for the emergency services and facilities. The BVerwG decided so that pharmacists with several pharmacies can do not require to perceive the regular emergency service only with one of their pharmacies. Learn more about the health law and the advice of juravendis lawyers free of charge and without obligation to see