Lei nº 13.021/2014: Novas regras para funcionamento de farmácias passam a valer no final de setembro

Da Redação
Crédito da Foto de Capa: Roberto Stuckert Filho/PR

Foi sancionado com quatro vetos o projeto que regulamenta o funcionamento das farmácias de todo o país. Com a rejeição de alguns dispositivos, as novas regras passam a valer em 45 dias, e não mais imediatamente, como previa o texto aprovado pelo Congresso.

Lei 13.021/2014 define farmácia como “unidade de prestação de serviços destinada a prestar assistência farmacêutica, assistência à saúde e orientação sanitária individual e coletiva”. Os estabelecimentos são classificados em “farmácia sem manipulação ou drogaria” e “farmácia com manipulação”.

Passa a ser exigida a presença permanente de um farmacêutico, tecnicamente habilitado e exclusivo, durante todo o horário de funcionamento do estabelecimento. Hoje, a legislação prevê apenas a presença de “técnico responsável inscrito no Conselho Regional de Farmácia” e admite, em algumas situações, a substituição por “prático de farmácia” ou “oficial de farmácia”.

VETOS

Além da vigência imediata, a presidenta Dilma Rousseff vetou artigos que proibiam a atuação de “postos de medicamento”, “dispensários” e “unidades volantes” – todos previstos na Lei 5.991/1973 – no fornecimento de medicamentos, cosméticos com indicações terapêuticas e fórmulas magistrais, entre outros produtos. Segundo as razões apresentadas ao Congresso, a restrição poderia colocar em risco a assistência farmacêutica à população de diversas regiões, principalmente nas localidades mais isoladas.

Também foi vetado artigo que reservava a atividade de fiscalização das farmácias ao fiscal farmacêutico. De acordo com a presidenta, a previsão poderia interferir em competências dos entes federativos, além de atribuir competência indevida para os fiscais farmacêuticos dos Conselhos Regionais de Farmácia, responsáveis apenas pela fiscalização do exercício profissional. O projeto da regulamentação das farmácias (PLS 41/1993), que tramitou mais de 20 anos no Congresso, foi aprovado pelo Plenário do Senado em julho.

Para acessar a íntegra da LEI Nº 13.021, DE 8 AGOSTO DE 2014, clique aqui!
Caso prefira visualizá-la diretamente da edição extra do Diário Oficial da União, clique aqui!

Fontes: Agência Senado, Congresso Nacional e D.O.U



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