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What should you do in the case of revocation of license for a pharmacy?

Unfortunately, the cases of the Pharmacy License revocation are not unusual. What should you do in case of revocation of the Pharmacy License and how to save your business?

Today we will discuss this question using the situation of our Client as the example.

Related article: Why Is It So Important To Apply In Advance For Legal Assistance During The License Inspection?

Case in point: Revocation of the license for retail trade of medicinal products

In August 2019, we were contacted by a Client, an individual entrepreneur. The The State Service of Ukraine on Medicines and Drugs Control decided to revoke his license for retail trade of medicines.

According to him, the following violation was revealed during the scheduled inspection: 

  • The wheelchair ramp did not meet the State Building Standards. The non-conformity related to the Client’s failure to provide a document confirming the compliance of the wheelchair ramp with the established standards. 

Related article: Requirements Of The Ukrainian Legislation Regarding A Wheelchair Ramp And A Call Button During The Opening Of A Pharmacy

The Client had a month and a half to correct the violations and to register the documents on the wheelchair ramp. However, only during the repeated inspection, it was revealed that the expert’s opinion on the compliance of the wheelchair ramp with the established standards contained a mistake. Formally, this was considered a failure to correct violations and a ground for the license revocation.

Revoked License: What to do

Our work with the Client was structured as follows:

  • Appealing against the revocation of the license to the Expert Appeal Council;
  • Obtaining a new license.

During the consideration of the case by the Expert Appeal Council, our specialists did their best to prove that there were no violations on the part of the Client. However, the complaint was rejected because no violations on the part of the State Service of Ukraine on Medicines and Drugs Control were found during the inspection.

The Client had two options, as well as any licensee who got their licenses revoked:

  • To wait one year and get a license agai.;
  • To register another business entity (legal entity or private entrepreneur, whom you trust) and obtain a license for them immediately after the license is revoked.

Losing an entire year is not the best option for business. Thus, the Client took advantage of our offer to register his wife as an individual entrepreneur and obtain a license for her.

When all the errors in the expert’s opinion on the compliance of the wheelchair ramp with the state building standards were eliminated, our specialists provided the Client’s wife with the legal support for setting up the pharmacy. It was actually the same pharmacy with the same staff, but registered to another person.

Related article: How To Pass An Inspection Of Health Care Business Carried Out By The Ministry Of Healthcare Of Ukraine And The State Service Of Ukraine On Food Safety And Consumer Protection

If you failed to pass the inspection of the State Service of Ukraine on Medicines and Drugs Control, your license was revoked and you have doubts whether to appeal against the decision on revocation or not, it makes sense to work in parallel directions: to prepare for the appeal and for the opening of a new company and obtaining a new license.

If you still have any questions regarding the Pharmacy License revocation or you want to order our services to solve this problem - call us!

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