The pharmacy industry is a unique and highly regulated field and the laws that surround it are complex, with numerous regulations governing various aspects of pharmacy operations. These include laws related to the ownership and operation of pharmacies, professional conduct, licensing, and the ever-confusing location rules. Due to these matters, non-expert lawyers can struggle to keep up with the constantly evolving legal landscape and the nuances of pharmacy law, potentially leading to costly mistakes and legal disputes.
Struggles Faced by Non-Expert Pharmacy Lawyers
Regulatory Compliance
Pharmacy owners in Australia must adhere to a multitude of regulatory requirements, at both the federal and state level. These regulations can be quite intricate and may pose a challenge for non-specialist lawyers to keep up with, leading to difficulties in offering precise and current legal guidance. Keeping up with these evolving regulations is of paramount importance. Engaging a pharmacy specialist lawyer not only ensures a comprehensive understanding of these regulations but can also guarantee ongoing compliance.
Understanding PBS and Pharmacy related rules
The Pharmaceutical Benefits Scheme (PBS) is a well-known facet of the pharmacy industry, and recent developments, such as the introduction of 60-day dispensing, have altered the industry. Pharmacy specialist lawyers remain up to date with these changes in PBS dispensing and can provide valuable insights into comprehending these new developments and their implications for your pharmacy.
Pharmacy ownership
The ownership and licensing of pharmacies are subject to specific requirements in Australia, on a state-by-state basis, which includes restrictions on ownership and the need for certain qualifications. Non-expert lawyers may not be aware of these unique constraints, potentially putting your ownership structure at risk or not providing the best advice as to what works for you.
Employment
Navigating the complexities of employment law and industrial relations in the context of pharmacy staff can be challenging. Seeking the guidance of a legal professional specialising in pharmacy matters is crucial, particularly when it comes to understanding the rights of both pharmacists and employees in a pharmacy setting. Expert and relevant advice will assist you in adhering to applicable regulations and safeguarding your business interests.
Implications for Pharmacy owners who fail to get the correct advice.
Leasing
Successfully negotiating a pharmacy lease can be a challenging task, particularly given the distinct regulations that differ from one state to another. It becomes essential to involve a pharmacy lawyer to guarantee that your lease complies with the particular regulations in your state.
Additionally, a specialised lawyer can provide valuable support in lease negotiations for a pharmacy. Their expertise in the current pharmacy market and their experience with pharmacy clients make them an invaluable resource in this process and can save you money.
Delays in buying and selling a pharmacy business
Due to the complexities associated with pharmacy businesses, non-specialist lawyers may find it challenging to navigate a sale of a pharmacy to settlement. Grasping the specific pharmacy-related requirements is necessary for completing a pharmacy transaction and is crucial to avoiding ongoing delays throughout the process.
One major challenge that non-specialist lawyers face in the sale of a pharmacy matter are the federal and state applications as well as the transfer of franchise agreement/licenses, which are often subject to strict regulatory oversight. The non-specialist lawyer may not be well-versed in these specific requirements, potentially leading to errors in the transaction process. This can be incredibly frustrating for both buyers and sellers who are eager to promptly complete the transaction.
By contrast, a pharmacy specialist lawyer possesses an in-depth understanding of the unique legal landscape surrounding pharmacy transactions. They are well-versed in the specific laws and regulations governing the industry and are up to date with any recent changes or developments. This expertise allows them to anticipate potential hurdles, streamline the process, and proactively address any legal issues that may arise during the sale.
Conclusion
Given the complexity and constantly changing nature of pharmacy law in Australia, it is crucial for pharmacy owners to engage the services of lawyers who specialise in pharmacy law. These experts are well-versed in the intricacies of the field, can provide accurate and up-to-date legal advice, and help pharmacy owners navigate the complex legal landscape successfully. Purchasing a pharmacy is a big and important investment so it’s crucial to start off on the right path!
Written by Leo Khreish, Paralegal – AP Group
AP Group are the leading pharmacy experts in Australia and specialise in helping buyers find the right pharmacy and attaining the best legal advice to support their purchase.
We connect existing owners with over 5000 ready and eager investors via our cutting-edge online Data Room. Our Data Room keeps confidential listing data secure and allows buyers to make informed decisions on each of our pharmacies for sale.
AP Group have the unique and highly specialised experience with providing contract and other legal advice for Pharmacy investors.
About the Author:
If there’s anything Leo loves as much as boxing and a round of golf at the links, it’s kicking back and relaxing at the end of the day. Yes, it’s all about balance for Leo — which is why he helps his clients balance their legal matters, too.
When Leo joined the team as a paralegal, he came with a dynamic, proactive, and highly reliable approach. He is about to add a Graduate Diploma in Legal Services to his recently completed law degree at the University of Notre Dame, and his Bachelor of Commerce at the University of Melbourne — giving him the qualifications to back up his knowledge and experience, so he can really embrace his role as a Paralegal.
What’s more, his inquisitive nature and attention to detail keeps him learning on the job and allows him to find the best legal solutions for clients.
