Protection Guarantee of Public Health in the Functioning of the Pharmaceutical Market based in the Theory of State Interference in the Economy

Piotr Podsiadlo, Michal Jachowicz
European Research Studies Journal, Volume XXIII, Special Issue 2, 451-468, 2020
DOI: 10.35808/ersj/1835


Purpose: The aim of this article is to analyse legal solutions determining the principles of undertaking and performing pharmacy activities in Poland, with particular emphasis on the importance of these solutions to guarantee the public health protection in terms of theory of state interference in the economy. Design/Methodology/Approach: The article uses the method of analysis of legal regulation and the descriptive method. Findings: The object of pharmacy’s activities is the provision of pharmaceutical services that remain in the domain of practising the profession of pharmacist as a profession of public trust. The provisions of Polish Pharmaceutical Law, shaping the principles of rationing pharmaceutical activities in Poland, and thus determining the subjective structure of the pharmacy market, have undergone a particular change, which entered into force on June 25, 2017, giving rise to polarization of participants in the pharmacy market for entrepreneurs. Practical Implications: Considering the existing differentiation of the pharmaceutical activities model, it is necessary to assess the legal conditions of the public health protection guarantee in the field of the entrepreneur's social interest. This assessment should concern both running a pharmacy by a non-pharmacist and an entrepreneur with the right to practice as a pharmacist. Recognizing the close correlation between the economic objective and the public objective of the pharmacy activities, the question should also be asked about the significant changes in Pharmaceutical Law aimed at strengthening the pharmacist's position as an important participant in the market of pharmacy services. Originality/Value: The implementation of the public health care facility function by the generally accessible pharmacy is in line with the context of public health protection guarantee in the field of the functioning of the pharmacy market, both in terms of the principles of undertaking pharmacy operations as well as legal solutions that determine the pharmacy management model.

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