Advice only from the pharmacy premises?
The courts have already dealt with numerous variants of outsourcing. In 2018, for example, the Lüneburg Higher Administrative Court decided that prescriptions can primarily be produced in a branch pharmacy. However, what must not be transferred to a branch is the emergency service. The Federal Administrative Court made this clear in 2011.
The Federal Court of Justice also ruled in 2012 that pharmacies may outsource a number of services that are not directly related to the dispensing of medicines, such as marketing activities, collecting prescriptions or contract negotiations with suppliers, health insurance companies, logistics companies and service providers. But he raised a stop sign at the pharmaceutical consultation. This cannot run through a call center, but must take place in rooms that are covered by the operating permit.
For Kieser, however, after three years of the pandemic, the question arises as to whether this decision is still relevant – it might have to be reconsidered and re-justified. Wouldn’t a consultation from the home office also make sense? In the courier service, too, advice can now be given by pharmaceutical staff outside the pharmacy’s premises when a drug is delivered. On the other hand, it can be objected that, if only for reasons of professional policy, one should stick to the idea of directly linking advice and drug dispensing – namely in the pharmacy’s premises.
As far as the courier service is concerned, it has not yet been judicially clarified whether this can be outsourced. Kieser believes this is possible if it is ensured that the pharmacist retains his authority to issue instructions.
