This Saturday, the elections for the new president of the Supreme Pharmaceutical Council (NRA) will take place. Typically, news about this type of events does not reach a wider audience. This time, however, it was different. This is all due to doubts related to the legal basis of the mandate of the delegate of the Opole Regional Chamber of Pharmacy, who is also running for the position of president of the NRA.
Marek Tomków cannot be elected president?
Actions aimed at excluding his candidacy were taken by the Lewiatan Confederation and the PharmaNET Employers’ Association. These organizations provided the Ministry of Health with the legal opinion of Prof. Marek Chmaja, which states that in accordance with the provisions of the Act on the Pharmacist’s Profession (Journal of Laws of 2021, item 97), the pharmacy manager must belong to the pharmacy chamber in which his pharmacy is located. The opinion also stated that “a pharmacist who has not fulfilled his obligation to enter the register of pharmacists is therefore not a member of the relevant chamber and cannot become a delegate to the National Congress of Pharmacists.”
– Since the Act on the Pharmacist Profession comes into force in 2021, the pharmacy manager must be entered in the register of the chamber in which the pharmacy he manages is located. Mr. Marek Tomków is the manager of the pharmacy at the Częstochowa chamber, but he participated in the meeting of the Opole chamber. For this reason, his election as the Opole delegate to the National Congress of Pharmacists is invalid – believes Dr. Filip Gołba, Senior Associate from the Tomasik Jaworski law firm.
– In accordance with the regulations referred to by prof. Marek Chmaj in his legal opinion, Mr. Marek Tomków cannot be elected as president. This election will be invalid, and its correctness may be decided by the Supreme Court, to which the Minister of Health has the right to appeal against the election of the president – explains Filip Gołba.
Black PR and lobbying
We asked Marek Tomkow to comment on the doubts appearing in the media regarding the validity of his mandate to run for the head of the Supreme Pharmaceutical Council.
-The concern of the Lewiatan Confederation for the elections of the pharmacy self-government is surprising. It is worth recalling that it was this organization that lobbied against the regulations favorable to Polish pharmacists contained in the so-called “Pharmacy for Aptekrz 2.0”. Similar actions concerned the ban on advertising in pharmacies and mail order sales of prescription drugs – says Marek Tomków, vice-president of the Supreme Pharmaceutical Council, candidate for president of the NRA.
According to him, the accusations against him are part of black PR and an organized campaign of anonymous reports and reports submitted to the Ministry of Health. Our interlocutor believes that the law does not provide for automatic expiration of the fine. For this reason, his eligibility to run is as valid as that of anyone else interested in becoming NRA president.
– I perceive the presentation of an unfavorable legal opinion, based on erroneous premises, just before election day as an unauthorized interference in the community of pharmacists and pharmacists. My mandate is valid and I have lawyers’ opinions that confirm it – adds Marek Tomków.
