Question 13956 — pharmacy and medications

Summary

Mr. Antoine Vermorel-Marques draws the attention of the Minister of Health, Families, Autonomy and Persons with Disabilities to the difficulties of applying the exceptional system for opening a pharmacy provided by Article L. 5125-4 of the Public Health Code. Under common law, the opening of a pharmacy is subject to a population threshold set at 2,500 inhabitants. However, the same article provides, when the last pharmacy of a municipality of less than 2,500 inhabitants has definitively ceased its activity and that it previously served a population of at least 2,500 inhabitants, that a new authorization can be issued exclusively by means of transfer or regrouping. However, neither the law nor any regulatory text defines the criteria or the methodology making it possible to objectively establish that the disappeared pharmacy actually served a population greater than this threshold. No data source is designated, no geographical coverage area is specified and no authority is expressly authorized to carry out this assessment. This normative gap places the municipalities concerned, like Ambierle in the MP's constituency, in a situation of detrimental uncertainty, even though consultation of the national health data system makes it possible to note that the service condition is, in fact, met. In this regard, he asks whether the Government plans to take the necessary regulatory measures to specify the methods for calculating the population served within the meaning of this article in order to guarantee the effectiveness of this system and to meet the needs of access to pharmaceutical care in rural communities.

Machine translation from French. The official text remains authoritative.

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