Nonprescription Medicines

Munich law firm of juravendis lawyers to the verdict of the North Rhine-Westphalia Oberverwaltungsgericht on orphan medicinal products were prohibiting self-service. This judgment was at the end of a legal dispute in which a pharmacist against an order of the competent official pharmacist had appealed. Offered through the order available was prohibiting it the pharmacist, medicines labelled obtainable’ in self service for sale. The present case was affiliated legally through the instances: by the opposition of the plaintiff with the competent District Government, about a ruling of the Administrative Court of Aachen, until the decision of the Court. In his claim referred to the pharmacist that nonprescription medicines self-service ban is no longer justified following the admission of the mail order for medicines. For the Court but the ban is ApBetrO, 17 para 3 to bring pharmacy medicines through self-service in the traffic, constitutional and has also “interim changes to pharmacy regulations, in particular with regard to the now approved shipment of medicines as his permission.” Basis for the constitutionality and validity this ban is the mission statement of the pharmacist in his pharmacy for one”, resulting in his responsibility to the personal direction of the Pharmacy and on the other hand the fact, that they are medicines to particular goods, a special observation and regulation control need.

Drug safety in the foreground, which non-negligible includes of the pharmacist represents, providing the population with medicines and drugs (incl. counselling mandatory) stands above all. In addition health policy considerations justify the self-service ban (trust patient pharmacist, any restriction in the exercise of the profession, etc.). The reference on the pharmaceutical mail order, through the self-service ban would undermined, is not sound, online trading is typically used to buy medicines and drugs, where the patient no need for advice is (for example, because he knows the medicine). Because customers of inpatient pharmacies but often short term need a drug and it does not necessarily know this, the consulting service of pharmacist as well as a greatest possible safety of medicines are offered. It thus shows that are dubious in the trade and sale of many legal questions.

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