Section 5: Operating conditions

In order to be the proprietor of a pharmacy open to the public, to become the manager of a pharmacy after death, or of a mutualist or miner’s aid pharmacy, the pharmacist must provide proof of at least six months’ additional experience as an assistant pharmacist or as a replacement pharmacist in a pharmacy if he has not completed the six-month end-of-studies placement in a pharmacy or an internal-use pharmacy…

Any pharmacist or company intending to operate a pharmacy must make a declaration to the local Association of Pharmacists. In the event of cessation of operation, transfer or regrouping of a pharmacy, or any change affecting the ownership of the pharmacy, the pharmacist or company must inform the local pharmacists’ association. The local pharmacists’ association will forward information concerning the opening, changes and closure of pharmacies to the regional health…

Notwithstanding articles L. 5125-4, L. 5125-11, L. 5125-3, L. 5125-12 and L. 5125-18, any opening or acquisition by a mutual society or union of mutual societies of an existing pharmacy and any transfer from one location to another of a pharmacy created or acquired by such a society or union are subject to a decision by the Minister responsible for health, who authorises, where appropriate, the director general of the…

The pharmacist or company must own the pharmacy of which he is the proprietor. A pharmacist or company may own or co-own only one dispensary. Pharmacists are authorised to form a general partnership between themselves for the purpose of operating a pharmacy. Pharmacists are also authorised to form a limited liability company, either individually or between themselves, with a view to operating a pharmacy, provided that this company owns only…

Any pharmacist who is a partner in a company operating a pharmacy and who carries out his activity there must directly hold a fraction of the share capital and the associated voting rights. In a general partnership, a limited liability partnership or a private limited company (société d’exercice libéral à responsabilité limitée), they may also, if the articles of association so provide, be allocated industrial shares. Industrial partnership status is…

An assistant pharmacist working exclusively in a pharmacy operated by a société d’exercice libéral may hold, directly or through a société de participations financières de profession libérale that he controls, a fraction of the capital of this société d’exercice libéral representing up to 10% of the latter. The associate pharmacist associated with the private limited company operating the pharmacy in which he works continues to work under an employment contract…

No agreement relating to the ownership of a pharmacy is valid unless it has been recorded in writing. A copy of the agreement must be filed with the regional pharmacists’ association and with the head office of the regional health agency. Any stipulation intended to establish that ownership or co-ownership of a pharmacy belongs to an unqualified person is null and void.

The pharmacist who is the proprietor of a pharmacy must practise his profession personally. The implementation of the provisions of article L. 5125-7-1 does not prevent the proprietor from practising his profession personally. In all circumstances, medicinal products must be prepared by a pharmacist, or under the direct supervision of a pharmacist. The pharmacist in charge of the pharmacy is assisted by assistant pharmacists depending on the overall activity of…

A pharmacy may only remain open in the absence of its proprietor if the latter has been duly replaced. The annex mentioned in article L. 5125-7-1 may not remain open to the public in the absence of a pharmacist. The legal duration of a replacement may not, under any circumstances, exceed one year. However, in the event of national service or being called up for military service, this period is…

An on-call service is organised to meet the needs of the public outside the normal opening hours of pharmacies in a given area. An emergency service is organised to respond to urgent requests outside the normal opening hours of these pharmacies. All pharmacies in the area, with the exception of those referred to in article L. 5125-10, are required to participate in these services, unless otherwise decided by order of…