Federal Administrative Court facilitates home care

Pharmacists, however, require an operating permit for external rooms
Leipzig (jur). The Federal Administrative Court in Leipzig has made it easier for pharmacists to supply medicines for homes. Pharmacies can use an outsourced room uniformly for the consultation of the patients as well as dispensing and storage of the medicaments, judged on Wednesday, 25 May 2016, the Federal Administrative Court in Leipzig (Az .: 3 C 8.15). For the use of such a space, however, they require an operating license.

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Thus, the chief administrative judge gave a pharmacist from Castrop-Rauxel partly right. He also provides the residents of several homes with medicines, but his pharmacy was too small. Therefore, he had rented two additional rooms nearby. The district of Recklinghausen did not approve their use.

According to current regulations, pharmacists are only allowed to use storerooms separate 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 permit for this purpose.

According to the Leipzig judgment, the pharmacist may also use his storerooms for "other home-based activities". In particular, he may also advise patients or home workers, take orders, hand over medication and, if necessary, call the prescribing physician. Excluded are only activities that require special premises or special equipment, so the Federal Administrative Court, such as the production of individual prescription drugs. In addition, the external space must be "in appropriate proximity to the pharmacy".

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