E 'was officially registered before the deadline, the amendment to the bill ddl2518 conversion milleproroghe Decree 225, the processing of the pharmacists in pharmacies, drugstores
REPORT ACCOMPANYING THE AMENDMENT OF TRANSFORMATION IN PHARMACY FOR THE YEARS
NEIGHBOURHOOD IN THE LAW OF 2006 n.248
INTRODUCTION
Along with proper and strict maintenance of fiscal policies should be implemented at the same time lead to an improvement of competitiveness and encourage economic growth country.
All the political forces and all the representatives of the sector Italian pharmaceutical deemed necessary to improve the system of drug distribution in Italy through the introduction of new pharmaceutical sites.
The ruling by the European Court of Justice of 19 May 2009 in Case C-531/06, said that the private ownership of pharmacies is restricted to pharmacists only, and that the freedom of establishment and free movement of capital do not preclude national legislation which prevents persons who do not have the title of pharmacist to own and operate pharmacies.
The exercise of the neighborhood in art. 5 of Law August 4, 2006, No 248, also known as "Parafarmacia" as it is conceived and set in Italy, is now be a "hybrid" product of an unsuccessful attempt of liberalization that has produced only the 'anomaly "of all Italian pharmacist pharmacies, mortified professionally and economically
The measure in question, composed of only one item, the transformation pharmacies in agreement with the National Health System of parapharmacies owned by pharmacists.
In subsection 1, shall specify the requirements that, according to Italian law and European directives, allow, subject to / for pharmacists, regularly enrolled in a professional, to assume the ownership of the pharmacy, in the form of sole proprietorship or society.
Paragraph 2 identifies deadlines for submission of application for conversion in pharmacies for the assessment of requirements. In the absence of such determination, the application includes regularly accepted the principle of tacit consent.
In paragraph 3 is expected, similar to what happened in the past approved similar measures later (read reorganization), so the inclusion of new pharmacies open in the new staffing plan possibly as supernumerary seats.
Paragraph 4 provides for the obligation to upgrade as soon as certain other laws not mentioned on the industry and share in the fixed fee of 50,000 euro one-off grant, payable by the data processor Pharmacy transformed into the Italian state.
Paragraph 5 refers to the time limit within which it is possible to adapt to the requirements of infidelity and enforceability of any of the statements made by / from the dispensing end of the certification requirements, pursuant to art. 483 of the Penal Code.
The measure allows structured as follows:
a) address the need for new drugs without distorting the overall regulatory framework and even less chance of criticism from the European Union.
b) To improve the granularity and quality of service to meet the needs and demands of usability the service by a national client / patient.
c) Recognize the value and effectiveness of professional and entrepreneurial fielded by dispensing Drugstore, reviving and completing their work, otherwise in crisis today.
d) Determine a very positive overall balance of employment whereas the recruitment of new pharmacies in many people.
e) Obtain the improvement in saving costs and time required to carry out competitions and make a considerable contribution to public coffers resulting from the payment of the proposed license fee (see examples in Table A below).
TABLE A
Financial Revenue for the State considering three cases processed in numerical exercises pharmacies
number of exercises processed / Revenue (€)
1000 / 1500
50000000 / 75000000
2500 / 125 000 000
AMENDMENT
Article 1 1. All owners of neighborhood businesses referred to in Article 4, paragraph 1, letter d) of Legislative Decree No 31 March 1998 114, performing retail drug self-medication and over the counter under Article. 5 of Law August 4, 2006, No 248, conducted in corporate form or in individual form, provided graduates in Pharmacy / CTF, qualified as a pharmacist enrolled in the relevant register and provincial, have the right to transform their neighborhood businesses, where there located and authorized, notwithstanding any provisions of the laws in force, in agreement with the Pharmacy National Health Service, taking its ownership.
If the same person, whether natural or legal person, who satisfies the requirements specified above, is the owner of several years, is entitled to make a special agreement to the pharmacy only to exercise choice among those held.
2. Its applications for processing, properly documented, should be sent, under penalty of forfeiture, through the postal service and with advice return to the Region responsible and autonomous provinces of Trento and Bolzano within thirty days from the date of entry into force of this Act.
The determination of the requirements is made within thirty days after receipt of the application.
Over that period, and in the absence of measures which would militate against the application includes regularly accepted.
3. The review of organic plants subsequent to the date of entry into force of this measure transformation in art. 1, paragraph 1 of this Law, the new pharmacy is open so authorized and are reabsorbed in the determination of the total number of pharmacies established based on the parameter of the population and, if in excess of the limits and requirements in art. 1 of Law April 2, 1968, No 475, as amended, are considered surplus under Article. 380, paragraph II of Royal Decree No 1265 of July 27, 1934, as amended by Article 2 of Law November 8, 1991, No 362.
4. The owners of the years transformed into contracted pharmacies under Article. 1, paragraph 1 of this Law, with a declaration addressed to the autonomous region or autonomous province of competence, undertake to comply with all obligations provided for under the legislation regulating the pharmaceutical system within six months from the date of application processing. The owner turned
year in pharmacy is required to pay a license fee; One-off amount of 50,000 €.
The holder must also meet the qualification requirements for eligibility to the entitlement under existing law or, alternatively, you undertake to nominate eligible director to obtain his requirement.
5. The requirements of this measure may have the right to change the year in the neighborhood pharmacy, which must be satisfied by the date of expiry of the deadline for submission of applications referred to in paragraph 2, must also be certified by the person, in the request to the competent bodies, by a declaration whose infidelity is a criminal offense under Article. 483 the Penal Code.
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