Transferring a pharmacy permit is a process requiring great accuracy due to the very stringent requirements of the Pharmaceutical Law. From legal conditions, through documentation preparation, to the consequences for the new owner – every step is significant. Find out how to take over a pharmacy efficiently and legally, avoiding violations and delays.
💡 Key Information
- The transfer of a licence, as a consequence of the so-called "Pharmacy for Pharmacists" (AdA 2.0), is, with a few exceptions, restricted to practising pharmacists with a licence to practise, subject to specific conditions and criteria.
- A request to transfer a permit requires a complete set of specified information and documents, as well as the payment of an administrative fee. It should be submitted to the relevant Pharmaceutical Inspectorate (WIF).
- The new pharmacy owner, after a correctly carried out transfer of the permit, takes over all rights and obligations related to running the business, and must also ensure the highest possible degree of continuity of patient care.
A licence will not be granted if the acquiring entity had its pharmacy licence revoked in the few years preceding the application. Knowledge of the strict regulations is essential for the proper completion of the transaction.
Transfer of a pharmacy operating permit in light of the latest regulations
Key provisions regarding the transfer of a pharmacy license
The transfer of a pharmacy operating permit is a process that requires meeting specific criteria. First and foremost, the person taking over the pharmacy must be a professional pharmacist holding the right to practice their profession. This means that only a person with appropriate qualifications has the right to open and run such a business – this is a key restriction following changes in the law (the so-called "Pharmacy for Pharmacists 2.0").
Secondly, the acquirer must meet, among others, the following conditions:
- Run a sole proprietorship or own a company operating exclusively in the pharmaceutical sector.
- This could be a general partnership or a limited liability partnership, where all partners are pharmacists.
- Alternatively, it could be a higher education institution training pharmacists.
- He cannot be a doctor.
- It may not own more than three other pharmacies in the country (excluding existing chains).
- They must have the right to the premises in which they want to conduct their business.
Procedure for submitting an application for the transfer of a permit
To initiate the transfer process, an application must be submitted to the relevant Provincial Pharmaceutical Inspectorate (WIF). The application must contain detailed information (NIP, REGON, PESEL), the pharmacy’s address, details of the transferee and declarations confirming compliance with the requirements. The following documents, amongst others, must be attached to the application:
- a contract of sale (or gift, assignment)
- company agreements
- Current extract from the National Court Register (if applicable)
- documents confirming legal title to the premises
An administrative fee is payable for the processing of an application to transfer a licence (in 2022, this amounted to 3,010 PLN, which is five times the minimum wage for that year).
Minimizing pharmacy closure time during relocation
The relocation process may require the premises to be closed for 30 days. However, there are organisational and legal methods that allow the duration of the closure to be kept to a minimum (or to avoid closure almost entirely, provided that the stock-taking and handover of stock are managed efficiently).
Please note that the pharmacy’s location must remain unchanged. The transfer of a licence constitutes a change owner, rather than addressIf a pharmacy is to change its address, a completely different procedure is necessary.
Legal consequences of transferring a permit
The transfer involves assuming the rights and obligations of the previous owner. The new owner of the pharmacy is entitled, amongst other things, to continue trading under the existing name (this often requires sorting out copyright issues relating to the previous name/logo). If the purchaser wishes to change the name immediately, this can be included in the application; however, many Regional Pharmaceutical Inspectorates (WIFs) then require the payment of a double or additional fee due to the change of two elements of the licence.
Maintaining continuity of care for patients
Maintaining a stable supply of medicines is key to the success of a newly acquired business. Downtime or shortages of popular items can cause loyal patients to defect. A well-managed pharmacy cannot focus solely on the most profitable segments. Serving patients with prescriptions, dispensing custom-compounded medicines, and parallel imports are important. Stock availability after the acquisition is key to retaining loyalty in the local market.
Prevention of pathologies in the pharmaceutical industry
Pharmaceutical Chambers (NIA, OIA) play an important role within the system – amongst other things, they monitor entities wishing to enter the market to ensure they can guarantee the proper running of a pharmacy, uphold professional ethics and combat unfair competition or the circumvention of anti-concentration limits. Their opinion is often taken into account by the WIF when considering applications for the transfer of licences.
Frequently Asked Questions (FAQ)
How to calculate the value of a pharmacy?
The value is most often calculated on the basis of turnover (or EBITDA) for the last 12 months, adjusted for market multiples and the specific characteristics of the location in question. It is also important to examine the entity’s debt position.
Can a pharmacy technician run a pharmacy?
At present, a pharmacy technician is not permitted to set up or take over a new pharmacy, except in certain very specific circumstances, such as those relating to inheritance or being a partner in an existing pharmacy (prior to the ‘Pharmacy for Pharmacists’ scheme).
How to donate a pharmacy?
A pharmacy can be sold, exchanged, contributed to a company, donated, or inherited. The buyer must declare in writing to the Voivodeship Inspectorate of Pharmacies that they are taking over all the conditions of the current permit.
How many pharmacies can one owner have?
A single owner (including through capital and personal links) may own up to four publicly accessible pharmacies in the country. This limit does not apply to established chains set up before the amendments, although these, in turn, are no longer permitted to open new branches.
Can you open a pharmacy without being a pharmacist?
Currently, following the amendments, an application for a new licence or for the transfer of an existing licence may only be validly submitted by a qualified pharmacist who is authorised to practise (or a partnership of such pharmacists).