I. – The creation, transfer or closure of a pharmacy for internal use is subject to the granting of an authorisation issued by the Director General of the Regional Health Agency after obtaining the opinion of the competent council of the National Order of Pharmacists.
With the exception of substantial changes, which are subject to a new authorisation, changes to the information contained in the authorisation are subject to a prior declaration.
For certain activities involving particular risks, the list of which is set by decree in the Conseil d’Etat, the authorisation is issued for a period of seven years.
II. – In the event of infringement of the provisions of this book and of Book II of Part Four of this Code or of those adopted for their application, the authorisation may, after formal notice, be either suspended or withdrawn by the Director General of the Regional Health Agency. In the event of immediate danger to public health, the Director General of the Regional Health Agency may immediately suspend the authorisation for a maximum period of three months. The Director General of the Regional Health Agency will inform the representative of the State in the département of his decision.
III. – In the event of the closure of an in-house pharmacy and at the request of the establishment, service or organisation concerned, the competent Director General of the Regional Health Agency authorises the transfer of the stock, for consideration, of the products mentioned in Article L. 4211-1, with the exception of certain categories defined by order, to an in-house pharmacy, to a pharmacy or to non-profit organisations with a humanitarian vocation. It may also authorise, on request, this transfer free of charge to non-profit and humanitarian organisations.
If the Director General of the Regional Health Agency refuses to authorise the transfer of the stock, it is destroyed under conditions laid down by decree.
IV. – The powers of the Director General of the Regional Health Agency referred to in I, II and III are exercised, after informing the Director General of the Regional Health Agency concerned, by the Minister for Defence, the Minister for Veterans or the Minister for the Interior for pharmacies for internal use in establishments, services or organisations under their respective authority or placed under their supervision.
The opinion of the national order of pharmacists referred to in I is not required when the acts in question concern the pharmacies for internal use referred to in this IV.