De lege lata running pharmacies is a special type of economic activity. On the one hand, a pharmacy is a public healthcare institution (Art. 86 (1) of the Act of 6 September 2001 - Pharmaceutical Law), and the activities undertaken in it have a fundamental impact on the basic values, i.e. human life and health. On the other hand, an entrepreneur running a pharmacy (the so-called pharmaceutical entrepreneur) is an economic entity, which operates on a competitive market and desires to make a profit. Due to the protection of public health, the activity of running pharmacies (the so-called pharmaceutical activity) is a subject to numerous restrictions resulting from the regulations of the broadly understood pharmaceutical law. The pharmaceutical entrepreneur does not fully use the freedom of economic activity. An interesting example of such restriction is the detailed regulation of the conditions to be met by real estate included in the so-called pharmaceutical enterprise, constituting a generally accessible pharmacy. In current legal status, a pharmacy may be operated only in a premises specially prepared for this purpose, meeting the requirements set out in Art. 97 of the Pharmaceutical Law, as well as in the implementing acts to this provision, i.e. in the regulation of the Minister of Health of 26 September 2002 on the list of rooms included in the primary and auxiliary areas of a pharmacy and the regulation of the Minister of Health of 30 September 2002 on detailed requirements with which the pharmacy premises should correspond. This real estate includes a primary area and an auxiliary area. From the point of view of health protection, the most important room included in the primary area is the expeditionary chamber, within which access should be provided for disabled people. The auxiliary area of the pharmacy premises includes technical and social facilities for the pharmacy. If a pharmacy entrepreneur conducts the sale by mail order of medicinal products, it is also necessary to separate out a place in the pharmacy’s premises for the preparation of goods for shipment. Due to the wide catalog of the so-called pharmacy activities involving various types of activity, e.g. trade (sale of medicinal products and other goods), manufacturing (preparation of medication) and service (pharmaceutical services, pharmaceutical care), de lege ferenda it seems necessary to distinguish in the premises of the pharmacy, the room ensuring respect for the intimacy and dignity of the patient during providing health care services.
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