Sanction disciplinaire d'une personne morale exerçant la pharmacie

The societies of liberal exercise constituted for the exploitation of a pharmacy must be registered on the professional board as their partners. In case of disregard of the ethical principles, the disciplinary chambers of different councils could pronounce a professional interdiction against both the physical persons and the society. Whereas the modalities of replacement of the condemned practitioners are clarified by the Public health code, no text organizes at present the replacement of the society. The national council of the pharmacists was able to consider that the condemnation of a society to a punishment of ban on exercise involved inevitably the closure of the pharmacy. Nevertheless, on the foundation of the break of equality between the practitioners according to their mode of exercise, the administrative Supreme Court considers, on one hand, that the ordinal penalty does not impose the discontinuance of business and on the other hand, that no measure forbids that a pharmacist authorized to exercise the profession can exploit the pharmacy during the punishment period. The modalities of the replacement of a legal entity remain however to determine.