Abstract

The article discusses the issue of the obligatory permanent presence of the pharmacy manager (a pharmacist with qualified seniority) in a pharmacy open to the public “during the pharmacy business hours”. The issue arose in the aftermath of the judgment of the Supreme Administrative Court of 20 February 2019 (II GSK 5609/16). The first part of the article presents doubts relating to interpretation of Art. 92 of the Pharmaceutical Law. In the second part the author indicates that (even when adopting the principle of permanent presence of the pharmacy manager during all business hours) it is possible to design repeated short-term (up to 30 days) transfer of powers to a pharmacist who does not have qualified seniority. Such delegation of powers may be dictated by the needs justified e.g. by labour law.