The National Chamber of Labor Appeals granted a measure requested by the Argentine Union of Pharmacists and Biochemists (SAFYB), and suspended articles 319, 320 and 321 of DNU 70/2023 that modified the work activity of pharmacists.
According to the union’s presentation, DNU 70/23 took pharmacists out of circulation because it repealed articles of Pharmacy Law 17565, and favored the marketing of medicines and the profits of laboratories.
With the precautionary measure, the court resolved to reestablish the obligation of presence, personal attention and exclusive dependence of the pharmacist on the pharmacy or establishment that he directs, during all opening hours.
Also the obligation to replace the absent pharmacist with another professional in order to continue with the distribution and/or dispensing of medications, otherwise the pharmacy will not be able to dispense prescribed remedies.
It also reestablishes the obligation of pharmaceutical technical management in other places such as herbal shops, because the use of medicinal plants also carries risk.
The resolution revokes the first instance decision that had rejected the precautionary measure. A final sentence is still pending.
“The damages that arise immediately from the entry into force of DNU 70/23 regarding the modification and repeal of arts. 25, 26 and 42 of Law 17,565 (cf. arts. 319, 320 and 321 of DNU 70/2023) that affect the work and profession of pharmacists, in their employment source, all prima facie precautionary measures are found. gathered, so it is appropriate to revoke what was decided in degree and make room – partially – for the suspension of the effects of DNU 70/2023 with regard to the regulations implemented by arts. 319, 320 and 321 – exclusively – until a final resolution is issued,” stated the appeals court.
The SAFYB authorities agreed with the decision, stating that: “Without a pharmacist, there is no pharmacy, just as without a doctor there is no clinic or sanatorium.”
They recalled that “the objective of every pharmacy, drugstore or laboratory is to guarantee the origin, conservation and correct information of the medications consumed by the population, tasks that are in charge of the pharmaceutical worker.”
The decision confirms that each pharmaceutical professional may only manage one establishment, within the framework of collective bargaining agreements 691/14, 707/15, 794/22 and 795/22, and the pharmacy must guarantee a sufficient number of pharmaceutical personnel to perform its function during all business hours.
Source: Ambito
