The possibility of opening a Private Pharmacy is only possible by respecting a precise territorial distribution of these establishments on the territory.
By law, the territorial distribution of pharmacies is carried out following precise demographic criteria.
Keep in mind that it is possible to open a Pharmacy for every 3,300 inhabitants with the possibility of opening a further one if the surplus population exceeds 50% of the established number of inhabitants.
To open a Private Pharmacy you must therefore bear in mind that the opening of new pharmacies is only possible in a vacant location or by taking over a pharmacy that has already started.
The possible alternative is to open a Municipal Pharmacy . However, in this case the procedure to follow is completely different, as it is necessary to pass a public award competition.
The statute of the pharmacy
The statute of the company and any subsequent changes are communicated to the Federation of the orders of Italian pharmacists.
The statute of the pharmacy must also be communicated to the councilor for health of the competent region, to the provincial order of pharmacists and to the ASL competent for the area.
The communication must be made within 60 days from the date of authorization to manage the pharmacy .
Starting an economic activity always requires specific and complex skills. This is even more so when it comes to specific services for people, as in the case of the Pharmacy .
Even more important for those who want to open a particular business such as that linked to the sale of medicines , medical devices and health equipment to the public is to know the sector legislation.
The law, in fact, provides that certain activities, such as that linked to pharmacies , can constitute the corporate object of a company only in the presence of certain requirements. Such as: the type of company chosen, the characteristics of the activity, the minimum share capital, the necessary authorizations.
Below is the guide with all the useful information for those wishing to start this type of economic activity.
The management of a Pharmacy is an activity protected by law due to its particular activity and its importance at a health and social level.
There are additional features to be taken into consideration when opening a business. In particular, the following should be borne in mind.
Company form of a private pharmacy
On the basis of the aforementioned legislation, the possibility of setting up a Private Pharmacy is allowed only through particular forms. I mean:
To the sole proprietorship . This is in the event that the ownership of the exercise is of a single natural person:
To the partnership . The establishment of Pharmacies in the form of SNC and SAPA is allowed, in the event that the owners are more natural persons;
To the Limited Liability Cooperative form (SCARL). In this case, the number of members is the minimum allowed for the establishment of a cooperative.
Individuals or even corporations can be members of a Pharmacy. This is the novelty introduced by Law No. 124/2017. It can be the owner of a private pharmacy , and the relative authorizations, even a capital company .
The social company of a private pharmacy
Previously, Article 7, paragraph 2 of Law No. 362/92 allowed only pharmacists to be a pharmacy partner :
Enrolled in the Professional Register of Pharmacists;
Who had obtained, with competition for pharmaceutical sites, an ownership or eligibility or
That they had completed at least two years of professional practice.
In this way the totality of the members had to be made up of pharmacists, and among these the Director of the pharmacy was appointed .
Following the new legislation, the social partner can be made up of non-pharmacist members. In practice, it is now possible to set up a pharmacy without one or more pharmacists enrolled in the Professional Register among the members .
It remains understood that the Director of the pharmacy , who is in charge of it, must be a pharmacist , however, he does not necessarily have to be a partner of the same.
In the event that the entire company structure is made up of non-professionals, the Pharmacy Director is the only pharmacist, registered in the Register. That is the only person in possession of the requisites provided for by Law no.
Number of licenses for each limited company member
With the entry into force of Law No. 124/2017, every pharmacy partner operating in the form of a joint stock company can be in possession of unlimited licenses .
With the previous legislation, however, each shareholder could not obtain more than four licenses in the province where he had his registered office.