Text consolidated by Valsts valodas centrs (State
Language Centre) with amending laws of:
19 March 1998 [shall come
into force on 22 April 1998];
17 December 1998 [shall come into force on 1 January
1999];
1 June 2000 [shall come into force on 28 June
2000];
14 June 2001 [shall come into force on 1 July
2001];
16 April 2003 [shall come into force on 21 May
2003];
22 April 2004 [shall come into force on 1 May
2004];
15 December 2005 [shall come into force on 17 January
2005];
27 September 2007 [shall come into force on 5 October
2007];
24 April 2008 [shall come into force on 27 May
2008];
23 October 2008 [shall come into force on 27 November
2008];
12 March 2009 [shall come into force on 19 March
2009];
1 December 2009 [shall come into force on 1 January
2009];
9 August 2010 [shall come into force on 2 September
2010];
28 October 2010 [shall come into force on 1 January
2011];
29 November 2012 [shall come into force on 3 January
2013];
11 April 2019 [shall come into force on 1 July
2019];
21 May 2020 [shall come into force on 17 June
2020];
9 December 2021 [shall come into force on 22 December
2021];
20 April 2023 [shall come into force on 10 May
2023];
5 October 2023 [shall come into force on 12 October
2023];
20 June 2024 [shall come into force on 18 July 2024].
If a whole or part of a section has been amended, the
date of the amending law appears in square brackets at
the end of the section. If a whole section, paragraph or
clause has been deleted, the date of the deletion appears
in square brackets beside the deleted section, paragraph
or clause.
|
The Saeima 1 has adopted
and
President has proclaimed the following law:
Pharmaceutical Law
Chapter I
General Provisions
Section 1. (1) The following terms are used in this
Law:
1) means of medical treatment - medicinal products,
medical devices, and in vitro diagnostic medical devices;
11) active substance - any substance or
mixture of substances intended to be used in the manufacture of
medicinal products and production of medicinal products in a
pharmacy and that, when used in manufacture or production of
medicinal products, becomes an active ingredient of such
medicinal products, which is intended to exert pharmacological,
immunological or metabolic action with a view of restoring,
correcting or modifying physiological functions or to make a
medical diagnosis;
2) non-prescription medicinal products - medicinal
products the pharmacological properties, strength, amount in
packaging, method of administration and the possible adverse
reaction caused by use of which shall not cause a direct or
indirect threat to the health of the patient if they are used in
accordance with instructions. In a pharmacy outpatient medical
treatment medicinal products shall be issued without a
prescription;
3) pharmacist's practice - pharmaceutical activities
that are performed by a pharmacist individually or together with
pharmacy employees in order to ensure pharmaceutical care in a
pharmacy or medical treatment institution that is equipped and
licensed in accordance with the procedures laid down by law;
4) pharmaceutical care - a component of health care,
which is carried out by a pharmacist within the scope of his or
her competence by providing pharmaco-therapeutic consultations,
information concerning medicinal products and their use. Within
such care is also included supervision of the use of medicinal
products by permanent customers, medicinal product and other
health care, prophylaxis and promotion of product distribution,
preparation of medicinal products, promotion of health and
disease prophylaxis popularisation on the basis of the latest
scientific achievements and taking into account the interests of
the customer, as well as ensuring customer data protection within
the scope of his or her competence;
5) pharmaceutical and veterinary pharmaceutical
activity - a form of commercial activity in the field of
pharmaceuticals which is related to the preparation of medicinal
products, manufacture, standardisation, quality control,
importing, and distribution of medicinal products or active
substances, and for the conduct of which the special permit
(licence) specified in this Law or registration is required;
51) subject of pharmaceutical and veterinary
pharmaceutical activity - a merchant or an undertaking owned
by a merchant that on the basis of the special permit (licence)
or registration is engaged in the preparation of medicinal
products, manufacture, standardisation, quality control,
importing, or distribution of medicinal products or active
substances;
52) pharmacovigilance - supervision of safe
use of medicinal products;
6) pharmacy - research, preparation, manufacture,
standardisation, quality control and distribution of medicinal
products;
7) homeopathic medicinal products - medicinal products
which are prepared from homeopathic stocks (products, substances
or compounds) in accordance with homeopathic medicinal product
manufacturing procedures, which are described in the European
Pharmacopoeia or if they are not described in the European
Pharmacopoeia in pharmacopoeia, which are officially used in
European Union Member States. Homeopathic medicinal products may
contain a number of principles;
71) importing - bringing of medicinal
products and active substances in the customs territory of the
European Union from countries or territories which are not
European Union Member States or countries of the European
Economic Area;
8) distribution - purchase, storage, supply, movement
across the State border (bringing in, taking out), sale or
transfer for use for a charge or free of charge of medicinal
products;
9) quality - an indicator of the effectiveness of a
medicinal product, which is dependent on the ingredients and on
the specific method of manufacturing, and which is determined
when evaluating the safety, efficacy, purity, quantitative and
qualitative composition, physical, chemical, biological and
therapeutical properties and conformity with technical standards
documentation or pharmacopoeia requirements of the medicinal
product;
10) quality control - examination of medicinal product
quality parameters (testing), determining its conformity with
technical standards documentation or pharmacopoeia
requirements;
11) medicaments - medicinal products, which are
prepared for a specific route of administration in a specific
form and which are distributed with a specific name in a specific
packaging;
12) medicinal products derived from human blood or human
plasma - industrially prepared medicinal products, also
medicinal products the basis of which are blood components, which
contain proteins (albumins), blood coagulating factors and
immunoglobulins (except for blood, plasma or blood cells);
121) practicing veterinarian - a person who
has acquired the right to be engaged in veterinary medicinal
practice and is dealing with it;
122) excipient - any constituent of
medicinal products, other than the active substance or the
packaging material;
13) prescription medicinal products - medicinal
products the pharmacological properties, strength, amount in
packaging, method of administration and the possible adverse
reaction caused by use without medical supervision of which may
cause a direct or indirect threat to the health of the patient.
In a pharmacy outpatient medical treatment medicinal products
shall be issued only on the basis of a prescription;
131) radiopharmaceutical kit - any
preparation that is to be prepared for use or combined with
radionuclides in the final radiopharmaceutical (usually prior to
the use thereof) (hereinafter - the kit);
132) radiopharmaceutical - any medicinal
product used in radiology that, in its form prepared for use,
contains one or more radionuclides, i.e. radioactive isotopes,
which are intended for medical purposes, except for isotopes from
sealed sources;
133) radionuclide generator - any system
that contains a specific parent radionuclide, except for isotopes
from sealed sources, from which a daughter radionuclide is
produced by elution or another method, and which is used in
radiopharmaceuticals;
134) radionuclide precursors -
radionuclides, except for isotopes from sealed sources, that are
produced for radiolabelling of another substance prior to the use
thereof;
135) wholesale - activities that include the
acquisition, storage, supply, including to another European Union
Member State or a country of the European Economic Area, or
export of medicinal products (bringing out of medicinal products
from the customs territory of a European Union Member State to
third countries), also when such activities take place in free
zones, free ports, special economic areas, customs warehouses,
facilities for temporary storage of goods, and other places
indicated or approved by the customs service, except for the
supply of medicinal products to the general population;
14) [20 June 2024];
15) [15 December 2005];
16) substance - any matter irrespective of origin
(human origin, for example, human blood or human blood products;
animal origin, for example, micro-organisms, whole animals, parts
of organs, animal secretions, toxins, extracts, blood products;
plant origin, for example, micro-organisms, plants, parts of
plants, plant secretions, extracts; chemical substances, for
example, chemical elements, chemical substances naturally
occurring or obtained by chemical change or synthesis);
161) falsified medicinal products - any
medicinal product with a false representation of its identity
(including its packaging and labelling), its name or its
composition as regards any of the ingredients (including
excipients and the strength of those ingredients), its source
(including its manufacturer, its country of manufacturing, its
country of origin and its marketing authorisation holder) and its
history (including the records and documents relating to the
distribution channels used);
17) medicinal products - any substance or combination
of substances, which presents properties that are needed in order
to provide medical treatment for human and animal diseases, or to
perform prophylaxis of such diseases, as well as any substance or
combination of substances, which may be utilised or administered
to humans or animals with the aim of either to restore, correct
or change physiological functions causing pharmacological,
immunological or metabolic effects or to make a medical
diagnosis;
18) [20 April 2023];
19) instructions on the use of medicinal products
(hereinafter - the instructions for use (package leaflet)) -
information provided for the user, which are added to medicinal
products;
191) adverse reactions caused by the use of
medicinal products - harmful and undesirable reaction of the
human body caused by the use of medicinal products;
20) [20 April 2023];
21) manufacturing of medicinal products - the purchase
of materials and products, manufacturing process, quality
control, release, storage and distribution activities and control
associated with them.
(2) The terms "non-interventional study", "good clinical
practice", "low-intervention clinical trial", "auxiliary
medicinal products", "subject", and "investigational medicinal
products" used in this Law are used within the meaning of
Regulation (EU) No 536/2014 of the European Parliament and of the
Council of 16 April 2014 on clinical trials on medicinal products
for human use, and repealing Directive 2001/20/EC (hereinafter -
Regulation No 536/2014).
(3) The term "clinical trial of medicinal products" used in
this Law corresponds to the term "clinical trial", "protocol of a
clinical trial of medicinal products" - to the term "protocol",
"sponsor of a clinical trial of medicinal products" - to the term
"sponsor", "ethics committee of clinical studies of medicinal
products" - to the term "ethics committee", "clinical study of
medicinal products" - to the term "clinical study" within the
meaning of Regulation No 536/2014.
(4) The term "clinical investigation of medicinal products"
used in this Law corresponds to the term "clinical trial" used in
Regulation (EU) 2019/6 of the European Parliament and of the
Council of 11 December 2018 on veterinary medicinal products and
repealing Directive 2001/82/EC (hereinafter - Regulation No
2019/6).
(5) The term "active substances" used in this Law in respect
of raw materials of veterinary medicinal products and also the
terms "veterinary medicinal products" and "wholesale" in respect
of veterinary medicinal products are used within the meaning of
Regulation No 2019/6.
(6) The term "advanced therapy medicinal products" used in
this Law corresponds to the terms "advanced therapy medicinal
products" and "combined advanced therapy medicinal products" used
in Regulation (EC) No 1394/2007 of the European Parliament and of
the Council of 13 November 2007 on advanced therapy medicinal
products and amending Directive 2001/83/EC and Regulation (EC) No
726/2004.
(7) The terms "medical device" and "in vitro diagnostic
medical device" used in this Law are used within the meaning of
the Medical Treatment Law and Regulation (EU) 2017/745 of the
European Parliament and of the Council of 5 April 2017 on medical
devices, amending Directive 2001/83/EC, Regulation (EC) No
178/2002 and Regulation (EC) No 1223/2009 and repealing Council
Directives 90/385/EEC and 93/42/EEC (hereinafter - Regulation No
2017/745), and Regulation (EU) 2017/746 of the European
Parliament and of the Council of 5 April 2017 on in vitro
diagnostic medical devices and repealing Directive 98/79/EC and
Commission Decision 2010/227/EU (hereinafter - Regulation No
2017/746).
(8) The term "medicinal products for compassionate use" used
in this Law is used within the meaning of Regulation (EC) No
726/2004 of the European Parliament and of the Council of 31
March 2004 laying down Community procedures for the authorisation
and supervision of medicinal products for human and veterinary
use and establishing a European Medicines Agency (hereinafter -
Regulation No 726/2004).
[16 April 2003; 15 December 2003; 24 April 2008; 28 October
2010; 29 November 2012; 20 April 2023; 20 June 2024]
Section 2. The purpose of this Law is to regulate the
activities of natural and legal persons and also of the National
Armed Forces in the field of pharmaceuticals and also to ensure
the manufacture and distribution of medicinal products which are
qualitative, medically appropriate, and of an appropriate
prophylactic, treatment, and diagnostic level, in the interest of
patients.
[16 April 2003; 9 December 2021; 20 June 2024]
Chapter II
Competence of State Institutions Regarding Supervision and
Control of Pharmacy
Section 3. The Ministry of Health shall be responsible
for the supervision and control of the pharmacy system in the
Republic of Latvia in the field of medicinal products for human
use, but in the field of veterinary medicinal products the
Ministry of Agriculture shall be responsible for it.
[28 October 2010]
Section 4. (1) Supervision and control of the
manufacture of medicinal products and the distribution of
medicinal products to wholesalers and pharmacies shall be
conducted by the Health Inspectorate of Latvia.
(2) The Food and Veterinary Service shall supervise and
control the manufacture and distribution of veterinary medicinal
products as well as the use of medicinal products for human use
on animals.
[15 December 2005; 27 September 2007; 28 October
2010]
Section 5. The Cabinet shall determine:
1) the conditions and procedures for issuing, suspending,
renewing, re-registering, and revoking special permits (licences)
for veterinary pharmaceutical activities, professional
qualification certificates for pharmacists, the procedures for
commencing operating and operating of pharmacies, and also the
procedures for commencing operating and operating of veterinary
medicinal product wholesalers and manufacturing or importing,
operating, and conformity assessment of veterinary medicinal
products;
11) the regulations regarding the licensing of
pharmaceutical activities;
2) and shall approve, according to a recommendation from the
Ministry of Health, a list of those medicinal product quality
control institutions which are entitled to give an official
opinion regarding the results of the quality control of medicinal
products, including also medicinal products derived from human
blood or human plasma and homeopathic medicinal products;
3) the procedures for manufacturing, labelling, registering,
control, distributing, bringing in, and taking out medicinal
products;
4) the principles for the pricing of medicinal products
(except veterinary medicinal products);
5) the procedures for advertising medicinal products;
6) the procedures for conducting clinical investigation of
medicinal products, and also the procedures for the monitoring of
adverse reactions caused by the use of veterinary medicinal
products;
7) the procedures for purchasing, storing and using medicinal
products by medical treatment institutions and social care
institutions;
8) the procedures for determining the minimum assortment of
medicinal products for general (open) type pharmacies;
9) [19 March 1998];
10) the classification of medicinal products;
11) the restrictions on the use of medicinal products for
animals;
12) the requirements to be met for instructions for use
(package leaflet) of medicinal products;
13) the procedures for issuing certificates of good
manufacturing practice to medicinal product manufacturers;
14) the procedures for evaluating conformity of distribution
of medicinal products (except veterinary medicinal products) with
the requirements of good distribution practices;
15) the requirements and procedures for clinical studies of
medicinal products, including clinical trials of medicinal
products and low-intervention clinical trials, and also
non-interventional studies, and the supervision of such studies,
including inspections of good clinical practice;
16) the criteria for the location of pharmacies and pharmacy
branches (except veterinary pharmacies);
17) the procedures for registering pharmacists and
pharmacist's assistants;
18) the requirements and the procedures by which veterinary
medical practice institutions purchase, store, record, use, and
destroy medicinal products;
19) the amount of the State fee to be paid for the issuance
and re-registration of the special permit (licence) for
veterinary pharmaceutical activities and the procedures by which
such will be collected;
191) the amount of the State fee to be paid for the
issuance and re-registration of the special permit (licence) for
pharmaceutical activities and the procedures by which such will
be collected, and also the exemptions and reliefs from the State
fee;
20) the procedures for compensating expenditures for the
acquisition of medicinal products and medical devices intended
for out-patient medical treatment;
21) the procedures for collecting and compiling the
information and forming statistics in the field of trade of
veterinary medicinal products;
22) for a person the requirements of professional
qualification necessary for distribution of veterinary medicinal
products, the procedures for evaluating qualifications and the
procedures for issuing a certificate for the distribution of
veterinary medicinal products, for extending the term of validity
and revoking thereof, as well as the procedures for registering a
certified person;
23) the requirements and procedures for importing and
distributing active substances and the procedures for registering
importers, manufacturers and distributors of active
substances;
24) the procedures for pharmacovigilance;
25) the procedures for and amount of wholesale data necessary
for analysis of availability of medicinal products;
26) the food products to be distributed in pharmacies;
27) the requirements to be brought forward for the staff of
the ethics committee of clinical studies of medicinal products
and the conditions for the functioning of the committee.
[19 March 1998; 1 June 2000; 14 June 2001; 16 April 2003;
15 December 2005; 23 October 2008; 1 December 2009; 28 October
2010; 29 November 2012; 9 December 2021; 20 April 2023; 20 June
2024]
Section 6. The Minister for Health shall, within the
scope of his or her competence:
1) implement the policy of the Government in the field of
pharmaceuticals, organise the preparation of draft laws and
regulations, necessary for the regulation of pharmaceuticals, and
the control of conformity with the requirements of the laws and
regulations in force, and approve the systems of classification
and coding of medicaments in the pharmaceutical sector;
2) [15 December 2005];
3) organise the attestation of inspectors of the Health
Inspectorate of Latvia and co-ordinate the preparation of
pharmaceutical specialists, issue permits for conducting the
training process, for students of higher educational institutions
or pupils of secondary specialised educational institutions, in
pharmacies, medicinal product wholesalers and medicinal product
manufacturing, based on recommendations from the higher or
secondary specialised educational institutions;
4) regulate the conditions for the manufacture, storage,
control and distribution of particular medicinal products or
groups of medicinal products;
5) ensure that the special permits (licences) provided for in
the regulations of the Cabinet are issued;
6) [2 January 2000 / See Transitional Provisions];
7) approve the staff of the ethics committee of clinical
studies of medicinal products;
8) [15 December 2005];
9) [15 December 2005];
10) [15 December 2005].
[19 March 1998; 1 June 2000; 14 June 2001; 16 April 2003;
15 December 2005; 27 September 2007; 23 October 2008; 20 April
2023]
Section 6.1 The Minister for Agriculture
shall, within the scope of his or her competence, implement the
State policy in the field of veterinary medicinal products,
organise the development of draft laws and regulations governing
the trade of medicinal products intended for animals and the
control of implementation of laws and regulations.
[28 October 2010]
Section 7.
[15 December 2005]
Section 8.
[20 June 2024]
Section 9.
[15 December 2005]
Section 10. The State Agency of Medicines shall, within
the framework of its competence, perform the following
functions:
1) organise the collection of information regarding current
issues in the field of quality control of medicinal products, and
also the formation of medicinal product consumption statistics in
the State using information provided by pharmacies, medicinal
product wholesalers, medicinal product manufacturers, medicinal
product importers, medical treatment institutions, and veterinary
medical practice institutions, and the gathering and
dissemination of such information;
11) provide information regarding wholesale data of
medicinal products necessary for analysis of availability of
medicinal products (except veterinary medicinal products)
according to the international non-proprietary name of medicinal
products;
12) publish the maximum permissible prices of
medicinal products in pharmacies on its website;
2) create and regularly update the Medicinal Product Register
of Latvia, grant registration numbers and codes of medicinal
products, develop and maintain a database for consumption
statistics of medicinal products;
3) evaluate and register medicinal products;
4) perform the quality expert-examination of medicinal
products, also upon request of the Health Inspectorate of
Latvia;
5) ensure co-operation with the institutions of the European
Union, competent authorities in other states and international
organisations in the field of the evaluation, registration,
quality expert-examination of medicinal products, clinical
studies and pharmacovigilance, in the field of licensing and
conformity assessment of pharmaceutical activity, in issues
related to bringing in, taking out, transit and distribution of
medicinal products, in the field of registering medical devices,
clinical investigation and supervision of safe use, and also in
the field of supervision of safe use and conformity assessment of
human blood, tissues, cells and organs;
6) co-operate with the public organisations of doctors and
pharmacists;
7) issue permits for the distribution of medicinal products in
accordance with the procedures laid down in the laws and
regulations regarding the distribution of medicinal products;
71) [20 June 2024 / See Paragraph 36 of
Transitional Provisions];
8) prepare and submit to the Ministry of Health
recommendations regarding the inclusion of laboratories,
institutes and other institutions in the list of such
institutions as are entitled to give official opinions on issues
regarding the quality of medicinal and pharmaceutical
products;
9) evaluate the clinical trial and take the decision on the
authorisation, conditional authorisation, or refusal of
authorisation of the clinical trial of medicinal products, and
also monitor the conduct of the clinical trial, including perform
inspections of compliance of the clinical trial of medicinal
products with the requirements of good clinical practice in
accordance with Article 8(1), Article 47, Article 78(1) and (2),
and Article 79(1) and (2) of Regulation No 536/2014;
10) [1 December 2009];
11) [20 April 2023];
12) assess the conformity of the medicinal product
wholesalers, manufacturers, and importers, verify the conformity
of the qualification and experience of the responsible official
with the requirements laid down in this Law and the laws and
regulations regarding the manufacture and distribution of
medicinal products, and issue and re-register special permits
(licences) for relevant pharmaceutical activities;
121) assess the conformity of the manufacturers,
including foreign manufacturers, and importers of medicinal
products with the requirements of good manufacturing practice
laid down in this Law and the laws and regulations regarding the
manufacturing of medicinal products, and issue certificates of
good manufacturing practice;
122) assess the conformity of the manufacturers of
active substances for medicinal products for human use with the
requirements of good manufacturing practice laid down in
Commission Delegated Regulation (EU) No 1252/2014 of 28 May 2014
supplementing Directive 2001/83/EC of the European Parliament and
of the Council with regard to principles and guidelines for good
manufacturing practice for active substances for medicinal
products for human use (hereinafter - Regulation No 1252/2014),
this Law, and the laws and regulations regarding the
manufacturing of medicinal products, and issue certificates of
good manufacturing practice;
123) assess the conformity of the importers and
distributors of medicinal products and active substances for
human use with the requirements of good distribution practice
laid down in this Law and the laws and regulations regarding the
distribution of medicinal products, and issue certificates of
good distribution practice;
124) assess the conformity of the manufacturers of
active substances for medicinal products for human use with the
requirements laid down in Regulation No 1252/2014 and this Law,
and issue and re-register special permits (licenses) for the
manufacturing of active substances for medicinal products for
human use if such a special permit (license) is required for the
manufacturer in relation to the bringing in and distribution of
active substances, or registration of medicinal products in a
third country;
125) assess the manufacturer and importer of
investigational medicinal products and verify the conformity of
the qualification and experience of the qualified official with
the requirements laid down in this Law, Commission Delegated
Regulation (EU) 2017/1569 of 23 May 2017 supplementing Regulation
(EU) No 536/2014 of the European Parliament and of the Council by
specifying principles of and guidelines for good manufacturing
practice for investigational medicinal products for human use and
arrangements for inspections (hereinafter - Regulation No
2017/1569), and the laws and regulations regarding the
manufacture of medicinal products, and issue and re-register
special permits (licences) for the manufacture and importing of
investigational medicinal products;
126) assess the conformity of the manufacturers,
including foreign manufacturers, and importers of investigational
medicinal products with good manufacturing practice, the
requirements laid down in Regulation No 2017/1569, this Law, and
the laws and regulations regarding the manufacture of medicinal
products, and issue certificates of good manufacturing
practice;
127) assess the conformity of the manufacturer of
hospital exemptions specified in Section 20, Clause 7 of this Law
and verify the conformity of the qualification and experience of
the responsible official with the requirements laid down in this
Law and the laws and regulations regarding the manufacture and
control of medicinal products, and also issue and re-register the
special permit (license) for the manufacturing of hospital
exemptions;
128) assess the conformity of the manufacturer of
hospital exemptions specified in Section 20, Clause 7 of this Law
with good manufacturing practice, the requirements laid down in
this Law and the laws and regulations regarding the manufacture
and control of medicinal products, and issue certificates of good
manufacturing practice;
129) evaluate the submissions for the conformity of
the use of hospital exemptions specified in Section 20, Clause 7
of this Law with the requirements laid down in this Law and the
laws and regulations regarding advanced therapy medicinal
products, and issue or extend the permit for a hospital to use
advanced therapy medicinal products in medical treatment if the
decision has been taken to permit the use of such medicinal
products in medical treatment;
1210) evaluate the submissions for the issuance and
re-registration of the special permit (license) referred to in
Section 25.5 of this Law for a customs warehouse with
the permitted field of activity, i.e. receipt and storage of
medicinal products, based on the inspection report of the Health
Inspectorate regarding the conformity of the premises and
equipment, including devices, and also the personnel, responsible
official, and documentation, with the requirements laid down in
this Law and the laws and regulations regarding the distribution
of medicinal products, and issue and re-register the special
permit (license) granted to the customs warehouse for the
wholesale distribution of medicinal products which is issued to a
medicinal product wholesaler and specifies the receipt and
storage of medicinal products as the permitted field of
activity;
13) determine whether a medicinal product belongs to
non-prescription or prescription medicinal products in accordance
with the procedures stipulated by the Cabinet;
14) issue permits for the clinical investigations of medical
devices and performance studies of in vitro diagnostic medical
devices and also permits to place on the market or put into
service medical devices and in vitro diagnostic medical devices
that have not been subject to the conformity assessment
procedures specified in the laws and regulations regarding
medical devices and in vitro diagnostic medical devices and are
not marked with the CE marking, and issue certificates of free
sale, analyse serious incidents and field safety corrective
actions within the scope of the vigilance system, and also
maintain the database of medical devices of Latvia in accordance
with Article 59(1), Article 60(1), Article 62(4)(a), and the
first subparagraph of Article 89(3) and Article 89(4) of
Regulation No 2017/745 and Article 54(1), Article 55(1), Article
58(5)(a), and the first subparagraph Article 84(3) and Article
84(4) of Regulation No 2017/746;
141) issue a single registration number (SRN) in
the EUDAMED, European medical devices database, to manufacturers,
authorised representatives, and importers of medical devices and
in vitro diagnostic medical devices in accordance with Article
31(2) of Regulation No 2017/745 and Article 28(2) of Regulation
No 2017/746;
142) register the distributors of medical devices
and in vitro diagnostic medical devices and collect information
about the medical devices manufactured in medical institutions in
accordance with the second subparagraph of Article 5(5) and
Article 30(2) of Regulation No 2017/745 and the second
subparagraph of Article 5(5) and Article 27(2) of Regulation No
2017/746;
143) evaluate the information provided by the
importers and distributors about the intention to make available
on the Latvian market re-labelled or re-packaged medical devices
and in vitro diagnostic medical devices in accordance with
Article 16(4) of Regulation No 2017/745 and Article 16(4) of
Regulation No 2017/746;
15) perform conformity assessment and supervision of centres
for acquiring and storage of tissues, cells and organs, blood
rooms of medical treatment institutions, blood preparation
divisions and the State Blood Donor Centre;
16) evaluate the submissions for the issuance and
re-registration of the special permit (license) for the operation
of a general type pharmacy or operating of a closed type pharmacy
with a certification (or, if necessary, an opinion issued by the
Health Inspectorate) on the conformity of location, premises, and
equipment, including devices, personnel, and documentation, with
the criteria for the location of pharmacies and pharmacy branches
(except for veterinary pharmacies), and the requirements for the
distribution of medicinal products laid down in this Law and the
laws and regulations regarding the operation of pharmacies, and
also issue and re-register special permits (licenses);
17) assess submissions submitted in order to register
manufacturers, importers and distributors of active substances,
and register them in accordance with the procedures laid down in
the laws and regulations regarding registration of manufacturers,
of importers and distributors of active substances;
18) perform the functions of pharmacovigilance, including
supervision of the adverse effects caused by the use of medicinal
products, create and maintain a database in relation to
supervision of safe use of medicinal products;
19) perform economic assessment of medical technologies paid
for using funds from the State budget.
[19 March 1998; 1 June 2000; 14 June 2001; 16 April 2003;
15 December 2005; 27 September 2007; 23 October 2008; 1 December
2009; 28 October 2010; 29 November 2012; 11 April 2019; 9
December 2021; 20 April 2023; 20 June 2024 / Amendment
regarding the new wording of Clause 7 and deletion of Clause
7.1 shall come into force on 1 July 2025. See
Paragraph 36 of Transitional Provisions]
Section 11. The National Health Centre shall perform
the following functions within the scope of its competence:
1) [11 April 2019];
2) develop rational pharmacotherapy recommendations;
3) determine the prices of medicinal products and medical
devices intended to be compensated in outpatient medical
treatment and draw up a list of medicinal products and medical
devices intended to be compensated in outpatient medical
treatment;
4) perform the settlement of accounts with pharmacies for the
issued medicinal products and medical devices within the scope of
the procedures for compensating the expenses for the purchase of
medicinal products and medical devices intended to be compensated
in outpatient medical treatment;
5) draw up a list of medicinal products to be used in
inpatient medical treatment institutions.
[29 November 2012; 11 April 2019]
Section 12. (1) The Food and Veterinary Service shall,
within the competence thereof, conduct the following
functions:
1) assess, classify and register veterinary medicinal
products;
11) fulfil the obligations of the competent
authority referred to in Article 137 of Regulation No 2019/6;
2) establish and update the Veterinary Medicinal Product
Register of the Republic of Latvia, grant registration numbers
and codes for veterinary medicinal products, establish and
maintain a data base regarding observed adverse reactions caused
by veterinary medicinal products, regarding clinical
investigation of veterinary medicinal products and observations
of use thereof;
3) organise collection of information, compile information,
and form statistics in the field of trade of veterinary medicinal
products using the information provided by veterinary medicinal
product manufacturers, importers, distributors, practising
veterinarians, and veterinary medical practice institutions;
4) ensure the quality control of veterinary medicinal
products;
5) ensure the co-operation with competent institutions of
other countries in the field of assessment, registration and
control of veterinary medicinal products;
6) issue permits for bringing in, taking out, and distribution
of veterinary medicinal products as well as of the veterinary
medicinal products intended for clinical investigations, except
for the permits for bringing in, taking out, and distribution of
veterinary narcotic and psychotropic medicinal products;
7) issue permits for distribution of veterinary medicinal
products for veterinary medicinal products other than registered
in the Republic of Latvia if:
a) veterinary medicinal products are necessary for treatment
of a particular animal, treatment of particular animal disease or
performance of medical manipulations and the medicinal products
included in the Veterinary Medicinal Product Register of Latvia
may not be used due to medical indications - on the basis of a
written request of a practicing veterinarian and, if necessary,
of an opinion of the Latvian Association of Veterinarians;
b) veterinary medicinal products are necessary for provision
of veterinary medical care in case of disaster, natural disaster
or threats of spread of dangerous animal infectious diseases - on
the basis of a decision of the State Chief Veterinary and Food
Inspector;
8) prepare and approve the list of those institutions which
are entitled to provide official opinion regarding quality issues
of veterinary medicinal products;
9) assess the conformity of veterinary pharmacies, veterinary
medicinal product wholesalers, manufacturers (also foreign
manufacturers) and importers, check the conformity of the
qualification and experience of the responsible official with the
requirements laid down in laws and regulations, and issue special
permits (licences) for veterinary pharmaceutical activities;
10) issue permits for the bringing into the Republic of Latvia
of diagnostics for the needs of approbation and the acquiring,
introduction and use of new methods;
11) assess the conformity of manufacturers and importers of
veterinary medicinal products and active substances used as
starting materials in veterinary medicinal products with the
requirements of good manufacturing practice and issue
certificates of good manufacturing practice for veterinary
medicinal products;
12) assess the conformity of manufacturers, importers, and
distributors of veterinary medicinal products and active
substances used as starting materials in veterinary medicinal
products with the requirements of good distribution practice and
issue certificates of good distribution practice;
13) register the manufacturers, importers, and distributors of
active substances used as starting materials in veterinary
medicinal products, make changes in the register, and also delete
them from the register.
(2) The Cabinet shall determine the types of paid services of
the Food and Veterinary Service and the procedures for
performance of payment for the activities provided for in this
Law.
[28 October 2010; 29 November 2012; 9 December 2021; 5
October 2023; 20 June 2024]
Section 13.
[20 June 2024]
Section 14. Officials of the Health Inspectorate, but
in respect of the trade of veterinary medicinal products the Food
and Veterinary Service inspectors shall, within the scope of
their competence, have the right to:
1) for the purpose of the supervision of pharmacy, supervise
and control legal persons which are engaged in the activities
with medicinal products and active substances, including
pharmacies, medicinal product wholesalers, manufacturers and
importers of medicinal products and active substances, medical
treatment institutions, social care institutions, veterinary
medical practice institutions, customs warehouses in which
medicinal products and active substances are stored, and natural
persons who work in the field of pharmaceuticals irrespective of
their subordination, type and nature of the commercial activity,
assess conformity of the distribution of medicinal products and
active substances with the requirements of laws and regulations,
and also give, within the scope of their competence, binding
orders on pharmaceutical issues to the persons referred to in
this Clause;
2) perform the evaluation of premises, equipment, personnel
and documentation regarding conformity with the work to be
performed and its volume;
3) control that the procedures provided for the reimbursement
of expenditures for the acquisition of medicinal products and
medical devices in outpatient medical treatment are complied
with;
4) ensure co-operation with international organisations and
the relevant institutions of other states;
5) make control purchases and in cases of doubt or suspicion,
remove samples of medicinal products from pharmacies, medicinal
product wholesalers, medicinal product manufacturers and
importers and send them for quality control to medicinal product
quality control institutions. If the medicinal products are not
in conformity with the requirements of technical standards
documentation or the pharmacopoeia, the expenditures for the
quality control of the medicinal product samples shall be covered
by the pharmaceutical or veterinary pharmaceutical entity. If the
medicinal products conform to such requirements, the expenditures
shall be covered from the resources of the authority which
performed the control;
6) in accordance with laws and regulations, suspend the
pharmaceutical or veterinary pharmaceutical activities of a legal
or natural person or suspend distribution of products pending a
final clarification of circumstances;
7) prohibit the distribution of any medicinal products, active
substances, and excipients if such are determined to be of
inferior quality or falsified, but in a case when doubts have
arisen regarding their quality, suspend distribution of the
relevant medicinal products, active substances or excipients
pending a final clarification of their quality;
8) prohibit the manufacture, importing or distribution of
medicinal products, withdraw and confiscate medicinal products,
if their manufacture, importing or distribution is conducted in
violation of the requirements laid down in the laws and
regulations in the field of pharmacy;
9) propose that for the violation of pharmaceutical and
veterinary pharmaceutical activities the special permit (licence)
for pharmaceutical activities or the special permit (licence) for
veterinary pharmaceutical activities, or permit for the
acquisition of medicinal products be suspended or revoked;
10) monitor advertisements of medicinal products;
11) [21 May 2020].
[16 April 2003; 27 September 2007; 23 October 2008; 28
October 2010; 29 November 2012; 21 May 2020; 9 December
2021]
Section 14.1 When monitoring good
manufacturing practice and good distribution practice of
medicinal products, veterinary medicinal products, and active
substances, the competent authorities shall follow the
compilation of procedures for European Union inspections and
exchange of information published by the European Medicines
Agency and approved by the European Commission.
[20 June 2024]
Section 15.
[24 April 2008]
Section 16.
[19 March 1998]
Chapter III
Medicinal and Pharmaceutical Products
Section 17. (1) Medicinal products may be placed on the
market and distributed if they are registered in the Republic of
Latvia and included in the Medicinal Product Register of Latvia
in accordance with this Law, except for the cases referred to in
Section 20 of this Law, or if the medicinal products are
registered in the European Union in accordance with Regulation No
726/2004. Falsification of medicinal products, manufacturing and
distribution of falsified medicinal products shall be
prohibited.
(2) Unregistered medicinal products, including medicinal
products for compassionate use, may be distributed if the permit
for the distribution of unregistered medicinal products has been
obtained from the State Agency of Medicines, except for the case
referred to in Section 20 and Section 26.1, Paragraph
five of this Law, in accordance with the laws and regulations
regarding the bringing in, bringing out, and distribution of
medicinal products. The Cabinet shall determine the cases when
the permit for distribution is not required for unregistered
medicinal products, issue regulations regarding the issuance of
the permit, and lay down the requirements for the bringing in and
bringing out of unregistered medicinal products.
(3) Veterinary medicinal products may be placed on the market
and distributed if they are registered in the Republic of Latvia
or have obtained a marketing authorisation in accordance with
Article 44 of Regulation No 2019/6 and are included in the
database referred to in Article 55 of Regulation No 2019/6 and in
the Veterinary Medicinal Product Register of Latvia, except for
the cases referred to in Section 12, Clauses 7 and 10, and
Section 20 of this Law.
(4) Paragraph one of this Section shall also apply to
radionuclide generators, kits, radiopharmaceuticals of
radionuclide precursors, and industrially produced
radiopharmaceuticals.
(5) A licensed manufacturer and importer of medicinal
products, a medicinal product wholesaler, and the person referred
to in Section 25.1 of this Law who has the special
permit (license) issued in a European Union Member State or a
country of the European Economic Area which gives the right to
perform wholesale or manufacture of medicinal products, is
entitled to bring in, supply, and bring out medicinal products
and substances for the registration of medicinal products,
including for the purpose of testing and for non-medical
purposes, i.e. for research or development trials, including
testing, and also for study purposes for higher education
institutions (hereinafter - the samples of medicinal products and
substances), in accordance with the laws and regulations
regarding bringing in, bringing out, and distribution of
medicinal products. The merchant shall not be required to obtain
the permit referred to in Section 10, Clause 7 of this Law if the
medicinal products are brought in, brought out, and distributed
as samples. The Cabinet shall issue the regulations regarding the
bringing in and circulation of the samples of medicinal products
and substances.
[20 June 2024]
Section 18. Provisions regarding the manufacturing,
storage, distribution, use, bringing in, and taking out of
narcotic and psychotropic medicinal products and precursors shall
be regulated by this Law and the Law on the Legal Trade of
Narcotic and Psychotropic Substances and Medicinal Products, and
also Precursors.
[9 December 2021]
Section 19. Procedures for the quality control of
medicinal products shall be regulated by Cabinet regulations. The
person whose activities are controlled, unless otherwise
stipulated by Cabinet regulations shall cover the costs of
control.
[16 April 2003]
Section 20. Registration of medicinal products and
medicinal product substances shall not be required if:
1) the medicinal products are prepared at a pharmacy pursuant
to a prescription, including a veterinary prescription, or upon
written request of a medical treatment institution or a
veterinary medical practice institution for a patient;
2) the medicinal products are intended for research or
development trials, or clinical trials that are agreed upon with
the State Agency of Medicines or, in respect of veterinary
medicinal products, with the Food and Veterinary Service;
3) the substances are intended for the manufacturing of other
medicinal products;
4) [2 January 2000 / See Transitional Provisions];
5) [2 January 2000 / See Transitional Provisions];
6) the medicinal products are prepared at a pharmacy according
to the monograph of pharmacopoeia for an individual patient;
7) they are hospital exemptions to be used in a medical
treatment institution which are manufactured on a non-routine
basis according to the instructions of the attending physician
and designated (prescribed) for a specific patient who uses them
in a medical treatment institution of the Republic of Latvia
which has the right to use hospital exemptions and to which an
exception is applied in respect of the registration of such
medicinal products (hereinafter - the hospital exemptions);
8) they are radiopharmaceuticals that are prepared in a
medical treatment institution directly before use only from
authorised radionuclide generators, kits, or radiopharmaceuticals
of radionuclide precursors according to the instructions of
manufacturers in a unit of the medical treatment institution that
is authorised to handle activities involving sources of ionising
radiation.
[1 June 2000; 16 April 2003; 15 December 2005; 23 October
2008; 28 October 2010; 9 December 2021; 20 June 2024]
Section 21. The distribution and use of medicinal
products shall be prohibited, if their quality does not comply
with the requirements set out in the documentation of approved
technical standards (pharmacopoeia, technical regulations,
documentation approved during the registration of medicinal
products, and others), or their expiry date has passed.
[16 April 2003]
Section 21.1 If veterinary medicinal
products necessary for treatment and prophylaxis of animals are
not available, a practicing veterinarian is allowed to distribute
and use medicinal products for human use in accordance with the
procedures laid down in laws and regulations.
[28 October 2010]
Section 22. (1) When medicinal products are
distributed, they shall be accompanied by instructions for use
(package leaflet), which conform to the requirements stipulated
by the Cabinet.
(2) If medicinal products have been classified as prescription
medicinal products, a pharmacy may dispense them only:
1) on the basis of a relevant prescription, including a
veterinary prescription;
2) for a veterinary medical practice institution - upon
written request of a practising veterinarian;
3) for a medical treatment institution and a social care
institution - upon written request of the institution.
(21) Unregistered medicinal products may only be
dispensed at a pharmacy on the basis of the prescription referred
to in Paragraph two, Clauses 1, 2, and 3 of this Section or upon
request of the institution. A patient shall use the unregistered
medicinal products under the direct personal supervision of the
medical practitioner who has designated (prescribed) the
medicinal products and assumed responsibility for the selected
treatment, or under the supervision of another medical
practitioner who continues treatment of the patient.
(3) In the wholesaling of medicinal products and active
substances, the good distribution principles and guidelines of
medicinal products and active substances shall be ensured in
accordance with the guidelines published by the European
Commission and in accordance with the legislation of the European
Union.
(4) The principles of good distribution practice shall be
complied with in the wholesale of veterinary medicinal products
and active substances used as starting materials in veterinary
medicinal products in accordance with Commission Implementing
Regulation (EU) 2021/1248 of 29 July 2021 as regards measures on
good distribution practice for veterinary medicinal products in
accordance with Regulation (EU) 2019/6 of the European Parliament
and of the Council and Commission Implementing Regulation (EU)
2021/1280 of 2 August 2021 as regards measures on good
distribution practice for active substances used as starting
materials in veterinary medicinal products in accordance with
Regulation (EU) 2019/6 of the European Parliament and of the
Council.
[19 March 1998; 1 June 2000; 16 April 2003; 15 December
2003; 23 October 2008; 28 October 2010; 29 November 2012; 9
December 2021; 5 October 2023; 20 June 2024]
Section 23. Only medicinal products intended for
animals may be dispensed on the basis of the receipt of a
prescription or request, which has been written by a practising
veterinarian.
[23 October 2008]
Section 24.
[23 October 2008]
Section 25. (1) Preparation of medicinal products,
manufacture, importation, and distribution of medicinal products
in the Republic of Latvia shall only be permitted if the special
permit (license) has been obtained for the relevant type of
commercial activity, as specified in Sections 37 and 45, and also
in Section 51, Paragraphs one and two of this Law.
(2) The manufacture and distribution of the hospital
exemptions shall only be permitted if the special permit
(license) has been obtained for the relevant type of activity, as
specified in Article 51.3 of this Law.
[20 June 2024]
Section 25.1 (1) A person who has a special
permit (licence) issued in a Member State of the European Union
or in a state of the European Economic Area, which gives the
right to perform the wholesaling or manufacture of medicinal
products, has a duty to provide the State Agency of Medicines or
the Food and Veterinary Service - in respect of veterinary
medicinal products - the information laid down in the laws and
regulations regarding the distribution of medicinal products in
respect of commencing medicinal product wholesaling in the
Republic of Latvia. In such case, it is not necessary for the
merchant to obtain the special permit (licence) determined in
Section 25 of this Law.
(2) The information provided for in Paragraph one of this
Section need not be provided on investigational medicinal
products and auxiliary medicinal products.
[15 December 2005; 28 October 2010; 20 April 2023]
Section 25.2 Recommendations (guidelines) of
the European Commission which have been published in the volumes
of the Rules Governing Medicinal Products in the European
Community (Eudralex) shall be applied in preparing the
documentation regarding pharmacovigilance in relation to the
medicinal products for human use and adverse reactions caused by
the use of veterinary medicinal products and the documentation
pertaining to the manufacture, importing, and distribution of
active substances, and also the manufacture of medicinal
products, clinical trials of medicinal products or, in the case
of veterinary medicinal products - clinical investigation of
medicinal products, registration, classification, labelling, and
instructions for the use of medicinal products.
[29 November 2012; 20 April 2023]
Section 25.3 Intermediary transactions
involving medicinal products for human use are permitted if the
person has registered with the State Agency of Medicines in
accordance with the procedures laid down in the laws and
regulations regarding distribution of medicinal products.
[29 November 2012]
Section 25.4 (1) A ship and the ship's agent
specified in Section 112, Paragraph four of the Maritime Code
(hereinafter - the ship's agent) may purchase medicinal products
for the supply of the ship at a general type pharmacy, a
medicinal product wholesaler, and directly from the manufacturer
or importer of medicinal products. A ship may purchase medicinal
products for the supply of the ship from the ship's agent.
(2) The ship's agent shall be required to obtain the permit
for the distribution of medicinal products from the State Agency
of Medicines in order to purchase medicinal products for the
supply of the ship. The Cabinet shall issue the regulations
regarding the issuance of the permit for the distribution of
medicinal products to the ship's agent.
(3) The Cabinet shall issue the regulations regarding the
distribution of medicinal products for the supply of the
ship.
[20 June 2024]
Section 25.5 The provisions of Sections 25,
45, and 46.1 of this Law shall apply to the place
specified in the permit for the activity of a customs warehouse
(customs warehouse) where medicinal products are stored for more
than 72 hours, and the holder of the customs warehouse permit
shall obtain, in accordance with the procedures laid down in the
laws and regulations regarding the licensing of pharmaceutical
activities, the special permit (license) referred to in Section
45, Paragraph one of this Law for the wholesale distribution of
medicinal products which is issued to a medicinal product
wholesaler and specifies the receipt and storage of medicinal
products in a customs warehouse as the permitted field of
activity.
[20 June 2024]
Section 25.6 In the case of a significant
threat to the State, public, environment, or another threat, an
international organisation or another foreign authority may, upon
agreement with the Ministry of Health or, in respect of
veterinary medicinal products, with the Ministry of Agriculture,
supply medicinal products to Latvia. The provisions of Section 25
of this Law shall not be applicable to such medicinal products
and it shall not be required to obtain the permit for the
distribution of unregistered medicinal products and veterinary
medicinal products specified in this Law. The Cabinet shall issue
regulations regarding the distribution in Latvia of medicinal
products received from an international organisation or foreign
authority.
[20 June 2024]
Chapter IV
Clinical Studies of Medicinal Products, Evaluation and
Registration of Medicinal Products
[20 April 2023]
Section 26. The evaluation, registration,
re-registration and post-registration supervision of medicinal
products shall be conducted by the State Agency of Medicines or
the Food and Veterinary Service - in respect of veterinary
medicinal products.
[15 December 2005; 28 October 2010]
Section 26.1 (1) Clinical studies of
medicinal products, including clinical trials of medicinal
products and low-intervention clinical trials, shall take place
in accordance with Regulation No 536/2014 and the laws and
regulations regarding clinical studies of medicinal products.
(2) A clinical trial of medicinal products may be conducted if
the sponsor of the clinical trial of medicinal products has
obtained the authorisation of the State Agency of Medicines for
conducting the clinical trial of medicinal products on the basis
of the scientific and clinical evaluation of the clinical trial
of medicinal products as set out in Article 6 of Regulation No
536/2014 and the evaluation by the ethics committee of clinical
studies of medicinal products of the ethical aspects of the
clinical trial of medicinal products and the aspects set out in
Article 7 of this Regulation. The Cabinet shall determine the
procedures and requirements according to which the State Agency
of Medicines shall issue and revoke the abovementioned
authorisation for conducting a clinical trial and shall suspend
or renew a clinical trial.
(3) Good clinical practice shall be ensured in the clinical
trial of medicinal products in accordance with Article 47 of
Regulation No 536/2014 and Articles 1, 2, 3, 4, 5, 6, 7, 8, 9,
10, 11, 12, 13, and 14 of Commission Implementing Regulation (EU)
2017/556 of 24 March 2017 on the detailed arrangements for the
good clinical practice inspection procedures pursuant to
Regulation (EU) No 536/2014 of the European Parliament and of the
Council.
(4) In a clinical trial of medicinal products, such
investigational medicinal products and auxiliary medicinal
products shall be used that correspond to the respective term
"authorised investigational medicinal products" or "authorised
auxiliary medicinal products" used in Regulation No 536/2014 and
that are registered in accordance with Regulation No 726/2004 or
with this Law, and the laws and regulations regarding the
registration of medicinal products, irrespective of changes in
the labelling of such medicinal products.
(5) If investigational medicinal products and auxiliary
medicinal products not registered in accordance with Regulation
No 726/2004, this Law and the laws and regulations regarding the
registration of medicinal products are used in the clinical trial
of medicinal products, the bringing in, distribution, and use of
such medicinal products in the clinical trial of medicinal
products shall be permitted where the use of such medicinal
products is duly justified in the protocol of the clinical trial
of medicinal products and the medicinal products correspond to
the relevant term "unauthorised investigational medicinal
product" or "unauthorised auxiliary medicinal product" as used in
Regulation No 536/2014. In such case, it shall not be required to
obtain the permit for the distribution of unregistered medicinal
products specified in this Law for unregistered investigational
medicinal products and auxiliary medicinal products.
[20 April 2023; 20 June 2024 / Amendment to Paragraph
five regarding the replacement of the words and numbers "the
permit for the distribution of medicinal products provided for in
Section 10, Clauses 7 and 7.1 of this Law" with the
words "the permit for the distribution of unregistered medicinal
products specified in this Law" shall come into force on 1 July
2025. See Paragraph 36 of Transitional Provisions]
Section 26.2 (1) Non-interventional studies
shall be conducted in accordance with the laws and regulations
regarding clinical studies of medicinal products.
(2) A non-interventional study may be conducted if a positive
opinion of the ethics committee of clinical studies of medicinal
products has been received.
[20 April 2023]
Section 26.3 (1) The subject has the right
to receive compensation for the harm inflicted on his or her
health or life within the scope of a clinical trial of medicinal
products and a low-intervention clinical trial in accordance with
the laws and regulations regarding clinical studies of medicinal
products.
(2) The sponsor of a clinical trial of medicinal products has
an obligation to insure its civil liability and civil liability
of the investigator for the harm inflicted on the health or life
of a subject in a clinical trial of medicinal products.
(3) The medical treatment institution has an obligation to
insure its civil liability and civil liability of the
investigator for the harm inflicted on the health or life of a
subject in a low-intervention clinical trial.
(4) Civil liability insurance shall cover the entire duration
of the clinical trial of medicinal products and the
low-intervention clinical trial. A civil liability insurance
contract shall be concluded for each individual clinical trial of
medicinal products and low-intervention clinical trial prior to
the relevant trial. The Cabinet shall determine the procedures
for civil liability insurance of the sponsor of a clinical trial
of medicinal products and the medical treatment institution, the
minimum limit of liability of the insurance contract, and the
mandatory risks to be insured by the sponsor of a clinical trial
of medicinal products and the medical treatment institution.
(5) The investigator or other persons involved in a clinical
trial of medicinal products or a low-intervention clinical trial
shall be liable in accordance with the laws and regulations of
the Republic of Latvia for any harm inflicted on the health or
life of the subject through non-compliance with the activities
set out in the protocol of a clinical trial of medicinal
products.
[20 April 2023 / See Paragraph 32 of Transitional
Provisions]
Section 27.
[19 March 1998]
Section 28.
[15 December 2005]
Section 28.1 (1) The submission and
documentation for the registration, re-registration of medicinal
products, and changes in the registration or registration
conditions of medicinal products shall be submitted in accordance
with the laws and regulations regarding the registration of
medicinal products and veterinary medicinal products. The
submissions for the registration, re-registration of medicinal
products, and changes in the registration or registration
conditions of medicinal products shall be submitted in the
English language without translation into the official language,
in a form of electronic submission via the Common European
Submission Portal.
(2) The State Agency of Medicines and the Food and Veterinary
Service shall accept and approve the submissions and documents
referred to in Paragraph one of this Section if they are
submitted and the identity of the submitter is verified using the
online form available on the Common European Submission Portal.
In such case, the submission and accompanying documents shall be
accepted and examined in the English language.
[20 June 2024]
Section 28.2 The submission documentation in
relation to the clinical trial of medicinal products shall be
submitted in accordance with Chapters II, III, IV, and VI of
Regulation No 536/2014 and the laws and regulations regarding
clinical studies of medicinal products through the European Union
clinical trials portal set out in Article 80 of this Regulation,
to the European Union database set out in Article 81 of
Regulation No 536/2014. The documentation in Annex I to this
Regulation may be submitted in English in accordance with the
laws and regulations regarding clinical studies of medicinal
products, except for the documents intended for the subject.
[20 April 2023]
Section 28.3 Information on adverse
reactions to medicinal products shall be submitted in the
electronic database and data processing network of the European
Medicines Agency referred to in Article 24 of Regulation No
726/2004 (Eudravigilance database). Periodic safety update
reports on medicinal products, including auxiliary medicinal
products, shall be submitted through the repository of periodic
safety update reports of the European Medicines Agency referred
to in Article 25a of Regulation No 726/2004. Information on
adverse reactions to investigational medicinal products and
annual reports on the safety of investigational medicinal
products shall be submitted through the electronic database of
the European Medicines Agency referred to in Article 40(1) of
Regulation No 536/2014.
[20 April 2023]
Section 29. (1) Expenses related to the evaluation,
registration, re-registration, and post-registration supervision
of medicinal products shall be covered by the applicant for
registration and the expenses related to clinical trials of
medicinal products shall be covered by the sponsor of the
clinical trial of medicinal products in accordance with the
Cabinet regulations regarding the price list of paid public
services.
(2) Costs associated with evaluation, registration,
re-registration and post-registration supervision of veterinary
medicinal products shall be covered by the applicant for
registration in accordance with the regulatory enactment
regarding the procedures for payment of activities of the State
supervision and control performed by and paid services provided
by the Food and Veterinary Service.
(3) Expenses related to the evaluation of the ethical aspects
of a clinical trial of medicinal products and the aspects set out
in Article 7 of Regulation No 536/2014 for the ethics committee
of clinical studies of medicinal products shall be covered by the
State Agency of Medicines in accordance with the laws and
regulations regarding clinical studies of medicinal products and
the laws and regulations regarding the price list of paid
services. The Cabinet shall determine the procedures by which the
State Agency of Medicines shall pay to the ethics committee of
clinical studies of medicinal products for the evaluation of a
clinical trial of medicinal products, and also the percentage
distribution of the fee for the work for the review of an
application for a clinical trial of medicinal products.
[15 December 2005; 28 October 2010; 20 April 2023]
Section 30. The State Agency of Medicines and the Food
and Veterinary Service shall, according to their competence,
issue authorisations for clinical trials of medicinal products
or, in the case of veterinary medicinal products - for clinical
investigations of medicinal products, and shall supervise
clinical trials of medicinal products or clinical investigations
of veterinary medicinal products.
[20 April 2023]
Section 31. The registration of medicinal products
shall be suspended or revoked if:
1) the medicinal products in being used in conformity with the
information indicated in the registration documents (instructions
for use (package leaflet) and other technical standard
documentation) are harmful;
2) the medicinal products have no therapeutic effect;
3) the qualitative and quantitative composition of the
medicinal products does not conform to the registration
documentation;
4) false information has been submitted or the information in
the registration documentation is not complete, or controls have
not been conducted for the medicinal products and the components
thereof in conformity with the information included in the
registration documentation;
5) the labelling or the instructions for use (package leaflet)
of the medicinal products do not conform to the laws and
regulations on the labelling of medicinal products;
6) there is a court judgment regarding the violation of
intellectual property rights;
7) the medicinal product registration documentation does not
conform to the requirements of European Community
legislation;
8) the applicant for registration has submitted an application
for the revocation or suspension of the medicinal product
registration;
9) the payments associated with the registration of medicinal
products determined in Section 29 of this Law have not been
performed;
10) the requirements laid down in the laws and regulations
regarding pharmacovigilance are not conformed to.
[16 April 2003; 29 November 2012]
Section 32.
[15 December 2005]
Chapter
IV.1
Hospital Exemptions
[20 June 2024]
Section 32.1 (1) The hospital exemptions may
be used in medical treatment if a medical treatment institution
has obtained a permit from the State Agency of Medicines for the
use of such medicinal products in medical treatment. The State
Agency of Medicines, based on the evaluation of ethical aspects
conducted by the ethics committee for these medicinal products
and clinical trials thereof, shall issue the permit for the use
of the hospital exemptions in medical treatment in accordance
with the laws and regulations regarding the hospital exemptions
if the manufacturer of such medicinal products has obtained the
special permit (licence) for the manufacturing of the hospital
exemptions specified in Section 51.3, Paragraph one of
this Law.
(2) The hospital exemptions shall be manufactured in the
Republic of Latvia in accordance with the principles of good
manufacturing practice.
(3) The Cabinet shall issue the regulations regarding the
requirements for the use of the hospital exemptions in medical
treatment and for the issuance of the permit to a medical
treatment institution for the use of such medicinal products.
(4) A medical treatment institution that has the right to use
the hospital exemptions in medical treatment shall, in accordance
with the laws and regulations regarding the hospital exemptions,
ensure the traceability of use of medicinal products,
pharmacovigilance, and monitoring of patients after use thereof.
The medical treatment institution shall not use the hospital
exemptions in medical treatment of a patient, unless written
consent has been obtained from the patient.
[20 June 2024]
Section 32.2 (1) In accordance with the laws
and regulations regarding the hospital exemptions, a patient has
the right to receive a compensation for harm caused to his or her
health or life resulting from the use of the hospital exemptions
in medical treatment.
(2) A medical treatment institution that uses in medical
treatment the medicinal products referred to in Section
32.1, Paragraph one of this Law has the obligation to
insure its own civil liability and also that of the attending
physician and medical practitioners for harm caused to the health
or life of a patient involved in the use of the hospital
exemptions. The Cabinet shall determine the procedures for civil
liability insurance, the minimum liability limit of the insurance
contract, and the mandatory risks to be insured by the medical
treatment institution that has the right to use the hospital
exemptions.
[20 June 2024]
Chapter V
Pharmacies
Section 33. A pharmacy is engaged in the preparation of
medicinal products pursuant to prescriptions and written requests
from medical treatment institutions, in the storage and
distribution of medical treatment products, goods to be used for
health care or body care and in the provision of pharmaceutical
care, as well as in distribution of the food products determined
by the Cabinet.
[29 November 2012]
Section 33.1 A veterinary pharmacy is
engaged in the purchasing, storage and distribution of veterinary
medicinal products, instruments and goods that are used in
veterinary medicine, goods intended for animal care, as well as
preparation of veterinary medicinal products pursuant to the
veterinary prescriptions and provision of consultations regarding
the use of veterinary medicinal products, instruments and
products intended for animal care.
[23 October 2008]
Section 34. Depending on the type of and restrictions
on their activities, pharmacies shall be classified as
follows:
1) general or open-type pharmacies;
2) closed-type pharmacies or pharmacies of medical treatment
institutions;
3) veterinary pharmacies;
4) [28 October 2010].
[15 December 2005; 28 October 2010]
Section 35. (1) General or open type pharmacies are
permitted to:
1) package medicinal products in accordance with the
requirements of technical standards;
2) prepare medicinal products pursuant to a prescription,
including a veterinary prescription, and upon written request of
a medical treatment institution or a veterinary medical practice
institution;
3) issue medicinal products upon receipt of a prescription,
including a veterinary prescription, or to a veterinary medical
practice institution, upon receipt of written request of a
practising veterinarian;
4) distribute the means of medical treatment to medical
treatment institutions and social care institutions, and also to
the warehouse of means of medical treatment of the National Armed
Forces;
5) distribute the means of medical treatment to natural
persons;
6) distribute the means of medical treatment to a ship,
including a ship outside the territory of the Republic of Latvia,
and to a ship's agent for the supply of the ship. They may
distribute medicinal products to the ship's agent if the ship's
agent has the permit for the distribution of medicinal products
specified in Section 25.4, Paragraph two of this
Law;
7) distribute medicinal products to other pharmacies in
accordance with the laws and regulations regarding the
distribution of medicinal products.
(2) The activities set out in Paragraph one, Clauses 1 and 2
of this Section shall not be permitted in branches of pharmacies
in which there is no pharmacist.
(3) Closed type pharmacies or pharmacies of medical treatment
institutions are permitted to:
1) package medicinal products in accordance with the
requirements of technical standards;
2) prepare medicinal products according to the requests of
medical treatment institutions;
3) distribute the means of medical treatment to medical
treatment institutions.
(4) When discharging a patient from an inpatient medical
treatment institution or a day hospital and also, in exceptional
cases, to outpatient patients of an inpatient medical treatment
institution, a medical treatment institution may dispense
medicinal products if it is necessary for the continuation of
medical treatment or there are other objective reasons that
hinder receipt of the medicinal products. The Cabinet shall issue
the regulations regarding the dispensing of and payment for
medicinal products to patients upon discharge from an inpatient
medical treatment institution and a day hospital and also to
outpatient patients of an inpatient medical treatment
institution.
(5) In veterinary pharmacies:
1) prescription and non-prescription veterinary medicinal
products shall be distributed;
2) goods intended for animal care and instruments and goods
that are used in veterinary medicine shall be distributed;
3) prescription veterinary medicinal products shall be
delivered against a prescription or a written request by a
practising veterinarian;
4) only a pharmacist is entitled to prepare veterinary
medicinal products;
5) veterinary medicinal products shall be pre-packed in
accordance with the requirements of technical standards.
(6) [28 October 2010]
[19 March 1998; 1 June 2000; 14 June 2021; 16 April 2003;
15 December 2005; 23 October 2010; 9 December 2021; 20 June
2024]
Section 36. (1) A pharmacy shall be established in the
form of a pharmacist's practice, a joint practice (a Civil Law
company) or a capital company. In respect of the performance of
pharmaceutical care in a pharmacy owned by a local government or
other person other than a pharmacist, an employment contract
shall be entered into with a certified pharmacist. An in-patient
medical treatment institution or day hospital; may open a closed
type of pharmacy.
(2) A pharmacy may operate in the form of a capital company,
if at least one of the following conditions is observed:
1) not less than 50 per cent of capital shares (shares) of a
capital company are owned by a pharmacist;
2) at least half of the members of the board of a capital
company (executive institution) is certified pharmacists.
(3) A pharmacy may be established by a pharmacist's assistant
who has been registered as an individual merchant or has
established a capital company in compliance with the condition
that the number of inhabitants does not exceed 4000 in a
municipality, municipality town or municipality rural territory
where the pharmacy is established and there are no other
pharmacies or pharmacy branches within a radius of five
kilometres. The provisions of Paragraph one of this Section
regarding entering into an employment contract with a certified
pharmacist shall not apply to such case. A pharmacy in the form
of a capital company established by a pharmacist's assistant may
operate, if not less than 50 per cent of capital shares (shares)
of a capital company are owned by a pharmacist's assistant. A
special permit (licence) shall be issued for the operation of a
pharmacy for five years. A special permit (licence) may be issued
repeatedly. During the term of validity of a special permit
(licence) a pharmacy owned by a pharmacist's assistant shall not
be taken into account as criterion for location, when granting a
special permit (licence) for opening (operating) of the pharmacy
conducted by a pharmacist.
(4) A pharmacy may open branches. The branch of a general type
pharmacy may be established in a municipality, municipality town
or municipality rural territory where the number of inhabitants
does not exceed 4000 and where there are no other pharmacies or
pharmacy branches within a radius of five kilometres. The name of
the branch shall indicate the name of the pharmacy, which has
established the branch.
[14 June 2001; 16 April 2003; 9 August 2010 / The
new wording of the Section shall come into force on 1 January
2011. See Paragraph 24 of Transitional Provisions]
Section 37. In order for a pharmacy to commence
operations, it shall be required to ensure appropriate premises
and equipment, including devices, and also personnel and
documentation in accordance with this Law and the laws and
regulations regarding the operation of pharmacies and the
distribution of veterinary medicinal products, and, in accordance
with the procedures laid down in the laws and regulations
regarding the licensing of pharmaceutical or veterinary
pharmaceutical activities, to obtain the special permit (licence)
for opening (operating) the pharmacy specifying the permitted
field of activity.
[20 June 2024]
Section 38. (1) A pharmacy shall be managed by a
responsible manager of the pharmacy who shall be responsible for
its work and who has obtained a pharmacist professional
qualification certificate.
(11) A pharmacist's assistant who has continuous
experience of pharmacist's assistant in a pharmacy of at least
five years may manage a pharmacy and be responsible for its work
in a municipality, municipality town or municipality rural
territory where the number of inhabitants does not exceed 4000
and where there are no other pharmacies or pharmacy branches
managed by a pharmacist within a radius of five kilometres. If a
pharmacy or pharmacy branch managed by a pharmacist is
established in the relevant municipality, municipality town or
municipality rural territory where the number of inhabitants does
not exceed 4000, a pharmacist's assistant shall retain the right
to manage a pharmacy and the duty to be responsible for its work
until the end of the term of validity of the special permit
(licence).
(2) A pharmacist and pharmacist's assistant who work in a
pharmacy shall be:
1) registered with the Latvian Pharmacist Society in
accordance with the procedures stipulated by the Cabinet and
shall observe the ethics code approved by the Latvian Pharmacist
Society;
2) raise professional qualifications by taking part in the
continuous education process recognised by the Latvian Pharmacist
Society.
(3) A pharmacist and pharmacist's assistant who has acquired
his or her education in a state which is not a Member State of
the European Union or a state of the European Economic Area, as
well as in other states as is provided for in international
agreements ratified by the Saeima, and whose diploma has
been recognised in accordance with the procedures laid down in
law, in order to commence independent practise in a pharmacy must
work for at least one year in a pharmacy under the surveillance
of a pharmacist.
[16 April 2003; 15 December 2005; 9 August 2010; 28 October
2010 / Paragraph 1.1 shall come into force on 1
January 2011. See Paragraph 24 of Transitional
Provisions]
Section 38.1 That laid down in Sections 33,
36 and 38 of this Law shall not apply to veterinary
pharmacies.
[28 October 2010]
Section 39.
[1 January 2011 / See Transitional Provisions]
Section 40. (1) The manager and deputy manager of one
pharmacy may not concurrently be the manager or deputy manager of
another pharmacy, or the responsible pharmacist or the deputy
responsible pharmacist or department manager of a medicinal
product wholesaler, or a head of production or a head of control
service of a medicinal product manufacturing undertaking.
(2) A pharmacy is permitted to distribute veterinary medicinal
products if:
1) a veterinarian or veterinary paramedic who is engaged in
such activities has received a certificate of veterinary medical
practice or a certificate for the distribution of veterinary
medicinal products issued by the Latvian Association of
Veterinarians;
2) a pharmacist, pharmacist's assistant or veterinarian's
assistant who is engaged in such activities has received a
certificate for the distribution of veterinary medicinal products
issued by the Latvian Association of Veterinarians.
(3) If a general or open type pharmacy distributes veterinary
medicinal products, then an official who has a higher education
in pharmacy or veterinary medicine and who is responsible for the
trade of veterinary medicinal products shall be specified
therein, and the distribution of veterinary medicinal products
shall be specified as a special field of activity in a special
permit (licence) to open (operate) a pharmacy. The State Agency
of Medicines shall inform the Food and Veterinary Service
regarding the issued special permit (licence) and it shall
register such a pharmacy in the register of objects under
supervision of the Service.
(4) An official who has a higher education in pharmacy or
veterinary medicine and who is responsible for the trade of
veterinary medicinal products shall be determined in a veterinary
pharmacy and a special permit (licence) to open (operate) a
pharmacy shall be received.
(5) An official responsible for the trade of veterinary
medicinal products may not concurrently be the responsible
official in another pharmacy.
[28 October 2010; 29 November 2012]
Section 40.1 (1) The Latvian Association of
Veterinarians shall perform the following State administration
tasks:
1) issue, re-register and revoke certificates for the
distribution of veterinary medicinal products;
2) register recipients of a certificate for the distribution
of veterinary medicinal products and maintain the register of
certified persons;
3) draw up and approve a programme for examination of
qualifications for a person who is applying for a certificate for
distribution of veterinary medicinal products, and evaluate the
qualifications of the applicant.
(2) The Cabinet shall determine the fee for issue and
re-registration of a certificate for the distribution of
veterinary medicinal products.
(3) In performing the tasks referred to in Paragraph one of
this Section the Latvian Association of Veterinarians:
1) is entitled to issue administrative acts;
2) shall be under functional subordination of the Ministry of
Agriculture.
(4) The contestation or appeal of the decision taken by the
Latvian Association of Veterinarians during the fulfilment of the
tasks referred to in Paragraph one of this Section shall not
suspend the operation thereof.
[28 October 2010; 29 November 2012]
Section 41. (1) A pharmacy shall be responsible for the
quality of the medicinal products it distributes and the carrying
out of pharmaceutical care. It may only purchase medicinal
products from medicinal product manufacturers, medicinal product
importers, medicinal product wholesalers, and pharmacies,
completing appropriate accompanying documents. Medicinal plants
may be purchased also from natural persons, but such may be
distributed only if an appropriate permit from the State Agency
of Medicines has been received, or, if the plants are intended
for animals, a permit from the Food and Veterinary Service.
(2) A pharmacy may purchase individually assigned medicinal
products (registered in the European Union in accordance with
Regulation No 726/2004) in accordance with the procedures laid
down in the laws and regulations regarding the distribution of
medicinal products in another European Union Member State or a
country of the European Economic Area from the manufacturers and
distributors of medicinal products whose activities have been
permitted by the competent authorities of the respective country
if the medicinal products are required for the treatment of a
specific patient, including for the treatment of rare diseases,
and the specific medicinal products are not available in the
Republic of Latvia - based on a prescription issued in accordance
with the laws and regulations, or upon requirement of a medical
treatment institution. The Cabinet shall determine the cases in
which a pharmacy may purchase medicinal products in another
European Union Member State or a country of the European Economic
Area from manufacturers and distributors and the requirements for
the distribution of such medicinal products.
[20 June 2024]
Section 42. In general and closed-type pharmacies,
medicinal products may be prepared, controlled and distributed
only by specialists who have a pharmaceutical education. At a
branch of a pharmacy which is located in a municipality,
municipality town or municipality rural territory where the
number of inhabitants does not exceed 4000 and where there are no
other pharmacies or branches of pharmacies within a radius of
five kilometres, the medicinal products may be distributed also
by medical practitioners. The operations of the branch of the
pharmacy aforementioned shall be discontinued within one month,
if another pharmacy or branch of a pharmacy, in which a
specialist with a pharmaceutical education is employed, is opened
in this area. The Cabinet shall determine the requirements for a
medical practitioner and the range of medical practitioners who
may distribute medicinal products at a pharmacy branch.
[16 April 2003; 9 August 2010; 20 June 2024]
Chapter VI
Medicinal Product Wholesalers
Section 43. A medicinal product wholesaler is engaged
in the purchase, storage and distribution of medicinal products
or other means of medical treatment, as well as goods to be used
for health care or body care, medical goods intended for the
disabled, pharmacy equipment, and medical instruments or
apparatus.
[23 October 2008]
Section 44. Veterinary medicinal product wholesalers
are permitted to purchase, store and distribute only medicinal
products, means of medical treatment and goods intended for care
of animals. Medicinal products shall be labelled with a notice
"Lietošanai dzīvniekiem" [For use in animals].
Section 45. (1) In order for a medicinal product
wholesaler to commence operations, it shall be required to ensure
appropriate premises and equipment, including devices, and also
personnel and documentation in accordance with this Law and the
laws and regulations regarding the distribution of medicinal
products, and, in accordance with the laws and regulations
regarding the licensing of pharmaceutical activities, to obtain
the special permit (licence) for the wholesale distribution of
medicinal products specifying the permitted field of
activity.
(2) In order for a veterinary medicinal product wholesaler to
commence operations, it shall be required to ensure appropriate
premises and equipment, including devices, and also personnel and
documentation in accordance with this Law and the laws and
regulations regarding the distribution of veterinary medicinal
products, and, in accordance with Section 1 of Chapter VII of
Regulation No 2019/6 and the laws and regulations regarding the
licensing of veterinary pharmaceutical activities, to obtain the
special permit (licence) for opening (operating) a veterinary
medicinal product wholesaler.
(3) The special permit (licence) referred to in Paragraphs one
and two of this Section shall not release from the obligation to
obtain the special permit (licence) for the manufacturing or
importing of medicinal products or veterinary medicinal products
referred to in Section 51, Paragraphs one and two of this Law, if
any manufacturing or importing activities are performed, and to
meet the conditions laid down in relation thereto.
[20 June 2024 / The new wording of the Section shall
come into force on 1 August 2020. See Paragraph 33 of
Transitional Provisions]
Section 45.1 A medicinal product wholesaler
that has obtained the special permit (licence) for the wholesale
distribution of medicinal products may distribute veterinary
medicinal products if it has obtained the special permit
(licence) for the opening (operating) of a veterinary medicinal
product wholesaler in accordance with Section 45, Paragraph two
of this Law.
[20 June 2024 / See Paragraph 34 of Transitional
Provisions]
Section 46.
[22 April 2004]
Section 46.1 (1) In a medicinal product
wholesaler, in respect of the compliance with of good
distribution practices, or in a veterinary medicinal product
wholesaler, in respect of the distribution of veterinary
medicinal products, a responsible official shall be approved:
1) whose education and professional experience complies with
the requirements laid down in the laws and regulations regarding
the distribution of medicinal products or veterinary medicinal
products;
2) who does not suffer from mental illness, addiction to
alcohol, narcotic, psychotropic or toxic substances;
3) who has an unimpeachable reputation, which shall be
recognised if:
a) this person has been convicted of committing a criminal
offence;
b) [23 October 2008];
c) this person has not been administratively penalised
repeatedly within one year for violations of pharmaceutical or
veterinary pharmaceutical activities;
4) [23 October 2008].
[16 April 2003; 15 December 2005; 23 October 2008]
Section 47. A medicinal product wholesaler shall be
liable for the quality of the medicinal products it distributes.
It may purchase medicinal products only from medicinal product
manufacturers, medicinal product importers and medicinal product
wholesalers, at the same time receiving documents, which certify
the quality of the medicinal products.
[1 June 2000; 23 October 2008; 29 November 2012]
Section 48. (1) A medicinal product wholesaler may
distribute medicinal products to licensed pharmacies, licensed
medicinal product wholesalers and manufacturers, and also medical
treatment institutions, including practitioners at a practice,
social care institutions, the warehouse of means of medical
treatment of the National Armed Forces, veterinary medical
practice institutions for ensuring the operations thereof, and
ships, including ships outside the territory of the Republic of
Latvia, and ship's agents for the supply of the ship. Medicinal
products may only be distributed to other persons if such persons
have a permit issued by the State Agency of Medicines for the
purchase of medicinal products or, in respect of veterinary
medicinal products, a permit issued by the Food and Veterinary
Service for the purchase of veterinary medicinal products, and if
the relevant persons and institutions use the medicinal products
only for the provision of the operation thereof, but they have no
right to distribute these medicinal products.
(11) A medicinal product wholesaler is permitted,
in accordance with the procedures laid down in laws and
regulations, to supply veterinary medicinal products to the Food
and Veterinary Service for the performance of the functions laid
down in the Veterinary Medicine Law.
(12) A medicinal product wholesaler may distribute
medicinal products to the ship's agent if the ship's agent has
the permit for the distribution of medicinal products specified
in Section 25.4, Paragraph two of this Law.
(13) The Cabinet shall issue the regulations
regarding the issuance of the permit for the purchase of
medicinal products to the persons and institutions specified in
the second sentence of Paragraph one of this Section.
(2) Medicinal products manufactured in foreign states may be
brought in and distributed in the Republic of Latvia, if they
have been acquired from manufacturers or distributors, which have
been permitted to operate by the respective competent state
authorities.
[23 October 2008; 28 October 2010; 29 November 2012; 9
December 2021; 20 June 2024]
Section 49. Means of medical treatments which are
permitted to be distributed outside of pharmacies may also be
distributed by medicinal product wholesalers to other legal
persons.
[19 March 1998]
Chapter VII
Manufacturing and Importing of Medicinal Products and Active
Substances and Distribution of Active Substances
[29 November 2012]
Section 50. A medicinal product manufacturer
manufactures and distributes medicinal products and active
substances.
[23 October 2008]
Section 50.1 A medicinal product importer
imports and distributes medicinal products and active
substances.
[29 November 2012]
Section 51. (1) In order to manufacture fully or
partially or to import medicinal products, it shall be required
to ensure appropriate premises and equipment, including devices,
and also personnel and documentation in accordance with this Law
and the laws and regulations regarding the manufacture and
control of medicinal products, and, in accordance with the laws
and regulations regarding the licensing of pharmaceutical
activities, to obtain the relevant special permit (licence) for
the manufacturing or importing of medicinal products specifying
the manufacturing or importing activities as the permitted field
of activity. The respective special permit for the manufacturing
of medicinal products shall be required even if the medicinal
products are intended for export.
(2) In order to manufacture fully or partially or to import
veterinary medicinal products, it shall be required to ensure
appropriate premises and equipment, including devices, and also
personnel and documentation in accordance with this Law, Chapter
VI of Regulation No 2019/6, and the laws and regulations
regarding the manufacture and control of veterinary medicinal
products, and, in accordance with the laws and regulations
regarding the licensing of pharmaceutical activities and Chapter
VI of Regulation No 2019/6, to obtain the relevant special permit
(licence) for the manufacturing or importing of veterinary
medicinal products specifying the manufacturing or importing
activities as the permitted field of activity. The respective
special permit for the manufacturing of veterinary medicinal
products shall also be required in the case referred to in
Article 88(1(a) of Regulation No 2019/6.
(3) In order to manufacture or import investigational
medicinal products and auxiliary medicinal products, it shall be
required to ensure appropriate premises and equipment, including
devices, and also personnel and documentation in accordance with
this Law, Regulation No 2017/1569, and the laws and regulations
regarding the manufacture and control of medicinal products, and,
in accordance with Article 61 of Regulation No 536/2014, and the
laws and regulations regarding the licensing of pharmaceutical
activities, to obtain the relevant special permit (licence) for
the manufacturing or importing of investigational medicinal
products specifying the manufacturing or importing activities as
the permitted field of activity.
(4) In order to manufacture, import, or distribute active
substances for medicinal products intended for humans, it shall
be required to ensure appropriate premises and equipment,
including devices, and also personnel and documentation in
accordance with this Law, Regulation No 1252/2014, and the laws
and regulations regarding the manufacturing of medicinal products
and importing and distribution of active substances, and, in
accordance with the laws and regulations regarding the importing
and distribution of active substances, to register the type of
activity thereof.
(5) The manufacturer of active substances may obtain the
special permit (licence) for the manufacturing of active
substances for medicinal products intended for humans in
accordance with the laws and regulations regarding the licensing
of pharmaceutical activities if such a special permit (licence)
is required in relation to the bringing in, distribution, or
registration of active substances in a third country and if
appropriate premises and equipment, including devices, and also
personnel and documentation are ensured in accordance with this
Law, Regulation No 1252/2014, and the laws and regulations
regarding the manufacturing of medicinal products.
(6) In order to manufacture, import, or distribute active
substances used as starting materials in veterinary medicinal
products, it shall be required to ensure appropriate premises and
equipment, including devices, and also personnel and
documentation in accordance with this Law and Chapter VI of
Regulation No 2019/6, and, in accordance with Article 95 of
Regulation No 2019/6, to register the type of activity
thereof.
(7) The special permit (licence) for the manufacturing of
medicinal products referred to in Paragraphs one and two of this
Section shall also be required for various processes of division,
packaging (repackaging), and presentation, but for veterinary
medicinal products, in accordance with Article 88(1)(b) of
Regulation No 2019/6.
(8) The relevant special permit (licence) for the
manufacturing or importing referred to in Paragraphs one, two,
and three of this Section shall include the permit for the
wholesale distribution of medicinal products to which this
special permit (licence) refers.
(9) The Cabinet shall determine cases when the special permit
(licence) for the manufacturing and importing of medicinal
products, including investigational medicinal products and
auxiliary medicinal products, and veterinary medicinal products
is not required.
[20 June 2024 / The new wording of the Section shall
come into force on 1 August 2020. See Paragraph 33 of
Transitional Provisions]
Section 51.1 The principles and guidelines
published in the European Commission Guidelines to good
manufacturing practice for medicinal products shall be conformed
to in the manufacturing of medicinal products and active
substances and in the control of the manufacturing thereof, and
also in the importing of medicinal products.
[29 November 2012; 20 June 2024]
Section 51.2 The manufacturer or importer of
medicinal products intended for humans may manufacture or import
veterinary medicinal products if the special permit (licence) for
the manufacturing or importing of veterinary medicinal products
has been obtained in accordance with the requirements laid down
in Section 51, Paragraph two of this Law.
[20 June 2024 / See Paragraph 34 of Transitional
Provisions]
Section 51.3 (1) In order to manufacture the
hospital exemptions, it shall be required to ensure appropriate
premises and equipment, including devices, and also personnel and
documentation in accordance with this Law and the laws and
regulations regarding the manufacture and control of medicinal
products, and, in accordance with the laws and regulations
regarding the licensing of pharmaceutical activities, to obtain
the special permit (licence) for the manufacturing of the
hospital exemptions.
(2) The Cabinet shall determine the requirements for the
manufacturing and distribution of the hospital exemptions.
[20 June 2024]
Section 52. In a medicinal product manufacturing
undertaking in respect of the manufacture of medicinal products a
qualified person shall be designated the qualifications and
professional experience requirements of whom, shall be determined
by the Cabinet.
[16 April 2003]
Section 52.1 (1) The importer of medicinal
products, including auxiliary medicinal products, shall designate
an official responsible for the importing of medicinal products
whose qualification and professional experience conform to the
criteria for qualification and professional experience of the
official responsible for the manufacturing of medicinal products
laid down in the laws and regulations regarding the manufacture
and control of medicinal products.
(2) The manufacturer and importer of investigational medicinal
products shall designate a qualified person responsible for the
manufacturing and importing of medicinal products whose
qualification and professional experience conform to the criteria
for qualification and professional experience of the official
responsible for the manufacturing of medicinal products laid down
in the laws and regulations regarding the manufacture and control
of medicinal products in accordance with Article 61(2)(b) of
Regulation No 536/2014.
(3) The manufacturer and importer of veterinary medicinal
products shall designate a person responsible for the
manufacturing or importing of veterinary medicinal products whose
qualification and professional experience conform to the criteria
for qualification and professional experience of the qualified
person responsible for the manufacturing and batch release of
veterinary medicinal products, as specified in Article 97(2) and
(3) of Regulation No 2019/6.
(4) The manufacturer of the hospital exemptions shall
designate a person responsible for the manufacturing of medicinal
products and the Cabinet shall determine the requirements for
qualification and professional experience of such person.
[20 June 2024]
Section 53. A medicinal product manufacturer shall
ensure, in conformity with the approved documentation of
technical standards, the quality control of medicinal products
during the manufacturing and storage process, and shall be liable
for the quality of the medicinal products manufactured
irrespective of whether the full manufacturing process was
performed on site or whether other natural or legal persons were
also involved in it.
[19 March 1998; 23 October 2008]
Section 54. (1) The manufacturer or importer of
medicinal products may distribute the manufactured medicinal
products to manufacturers or importers of medicinal products,
licensed medical product wholesalers, licensed pharmacies,
medical treatment institutions, and veterinary medical practice
institutions for ensuring the operations thereof, and ships,
including ships outside the territory of the Republic of Latvia,
and ship's agents for the supply of the ship.
(2) The manufacturer or importer of medicinal products may
distribute medicinal products to the ship's agent if the ship's
agent has the permit for the distribution of medicinal products
specified in Section 25.4, Paragraph two of this
Law.
(3) The manufacturer of the hospital exemptions may supply the
manufactured medicinal products to another medical treatment
institution in the Republic of Latvia if the specific medical
treatment institution has the special permit issued by the State
Agency of Medicines for the use of such medicinal products, as
specified in Section 32.1 of this Law.
[20 June 2024]
Section 55. A medicinal product manufacturer may also
distribute means of medical treatment, which are permitted to be
distributed outside of pharmacies, to other legal persons.
[19 March 1998; 23 October 2008]
Section 56. A medicinal product manufacturer or
importer has the right to give, in accordance with the procedures
stipulated by the Cabinet, free samples of medicinal products to
doctors and practising veterinarians, as well as to medical and
veterinary medical educational and scientific institutions,
informing the State Agency of Medicines in writing regarding
such, but with respect to veterinary medicinal products the Food
and Veterinary Service.
[1 June 2000; 16 April 2003; 15 December 2005; 23 October
2008; 29 November 2012]
Chapter VIII
Licensing and Certification
Section 57. The Cabinet shall determine procedures
according to which special permits (licences) and certificates
shall be issued and revoked.
Section 58. (1) A person has the right to receive a
pharmacist professional qualification certificate:
1) who has acquired a higher pharmaceutical education in the
Republic of Latvia or in a foreign state and whose acquired
education and length of professional experience is recognised in
accordance with the procedures laid down in laws and regulations.
For the recognition of professional experience it is necessary
that:
a) the pharmacist has uninterruptedly worked for three years
in a pharmacy in the Republic of Latvia, a Member State of the
European Union or a state in the European Economic Area.
Professional experience gained in a foreign state shall be
certified by a certificate or other document, which has been
issued by the competent professional organisation of the relevant
state;
b) the practice of the pharmacist in a pharmacy shall not be
interrupted for longer than five years since the day when the
submission to the certification authority was submitted for the
acquisition of a pharmacist professional qualification
certificate;
2) who does not suffer from mental illness, addiction to
alcohol, narcotic, psychotropic or toxic substances;
3) who has an unimpeachable reputation, which shall be
recognised if:
a) this person has been convicted of committing a criminal
offence;
b) a court has not recognised this person as an insolvent
debtor;
c) this person has not been administratively penalised
repeatedly within one year for violations of pharmaceutical
activities.
(2) The Latvian Pharmacist Society shall establish and
maintain a pharmacist and pharmacist's assistant register and
shall certify the length of his or her professional
experience.
[16 April 2003; 15 December 2005]
Section 59.
[28 October 2010]
Section 60.
[22 April 2004]
Section 60.1 The special permit (licence)
specified in Section 45, Paragraphs one and two of this Law may
be obtained by a person who conforms to the requirements for the
distribution of medicinal products or veterinary medicinal
products laid down in the laws and regulations governing the
field of pharmacy or veterinary pharmacy.
[23 October 2008; 20 June 2024]
Section 61. (1) Legal persons that have ensured the
conditions, control capabilities, and personnel necessary for the
manufacturing or importing of medicinal products in accordance
with Section 51, Paragraph one, Section 52, and Section
52.1, Paragraph one of this Law have the right to
obtain the special permit (licence) for the manufacturing or
importing of medicinal products.
(2) Legal persons that have ensured the conditions, control
capabilities, and personnel necessary for the manufacturing or
importing of investigational medicinal products and auxiliary
medicinal products in accordance with Section 51, Paragraph three
and Section 52.1, Paragraph two of this Law have the
right to obtain the special permit (licence) for the
manufacturing or importing of such medicinal products.
(3) Legal persons that have ensured the conditions, control
capabilities, and personnel necessary for the manufacturing of
the hospital exemptions in accordance with Section
51.3, Paragraph one and Section 52.1,
Paragraph four of this Law have the right to obtain the special
permit (licence) for the manufacturing of such medicinal
products.
(4) Legal persons that have ensured the conditions, control
capabilities, and involvement of relevant specialists for the
manufacturing or importing of veterinary medicinal products in
accordance with Section 51, Paragraph two and Section
52.1, Paragraph three of this Law have the right to
obtain the special permit (licence) for the manufacturing or
importing of veterinary medicinal products. The licence shall
indicate the veterinary medicinal products or pharmaceutical
forms, which are permitted to be manufactured or imported.
(5) Legal persons that have ensured the conditions, control
capabilities, and personnel necessary for the manufacturing of
active substances and have also registered their type of
activities in accordance with Section 51, Paragraph four of this
Law have the right to obtain the special permit (licence) for the
manufacturing of such substances.
[20 June 2024]
Section 61.1 (1) If the results of
verification of the manufacturer and importer of medicinal
products, including auxiliary medicinal products, and the
manufacturer of active substances, and also the manufacturer of
the hospital exemptions confirm compliance with good
manufacturing practice, the State Agency of Medicines shall issue
the certificate of good manufacturing practice not later than
within 90 days after the verification of good manufacturing
practice in accordance with the laws and regulations regarding
the manufacture and control of medicinal products, but for
investigational medicinal products, the certificate of good
manufacturing practice shall be issued by the State Agency of
Medicines in accordance with Article 17(6) of Regulation No
2017/1569.
(2) If the results of verification of the medicinal product
manufacturer, the importer of medicinal products, and the
medicinal product wholesaler, and also the distributor of active
substances for medicinal products intended for humans confirm
compliance with good distribution practice, the State Agency of
Medicines shall issue a certificate of good distribution practice
not later than within 90 days after the verification of good
distribution practice in accordance with this Law and the laws
and regulations regarding the distribution of medicinal products
and active substances.
(3) If the results of the evaluation of the manufacturer and
importer of veterinary medicinal products and active substances
used as starting materials in veterinary medicinal products
confirm compliance with good manufacturing practice, the Food and
Veterinary Service shall issue a certificate of good
manufacturing practice within the time limit set out in Article
94(1) of Regulation No 2019/6.
(4) If the results of the evaluation of the manufacturer,
importer, and distributor of veterinary medicinal products and
active substances used as starting materials in veterinary
medicinal products confirm compliance with good distribution
practice, the Food and Veterinary Service shall issue a
certificate of good distribution practice within 90 days after
receipt of the submission.
[29 November 2012; 5 October 2023; 20 June 2024]
Section 62. A pharmacy, a medicinal product wholesaler,
a medicinal product manufacturer, a medicinal product importer, a
medical treatment institution, a social care institution, and a
veterinary medical practice institution shall provide the
Ministry of Health, the State Agency of Medicines, the Food and
Veterinary Service, the Health Inspectorate, and the Latvian
Pharmacist Society with information on their pharmaceutical
activities and medicinal products as is necessary for the
performance of the functions laid down in this Law and other laws
and regulations regarding the distribution and control of
medicinal products.
[16 April 2003; 15 December 2005; 27 September 2007; 23
October 2008; 28 October 2010; 29 November 2012; 9 December
2021]
Chapter IX
Adoption, Contesting, and Appeal of Decisions
[21 May 2020 / The new
wording of the title of this Chapter shall come into force on 1
July 2020. See Paragraph 28 of Transitional
Provisions]
Section 63. [21 May 2020 / See Paragraph 28 of
Transitional Provisions]
Section 64. (1) The State Agency of Medicines, the
National Health Service, the Health Inspectorate of Latvia and
the Food and Veterinary Service in the performance of the
functions laid down in laws and regulations shall take decisions
in accordance with the procedures and time periods laid down in
law insofar as this Law does not lay down otherwise.
(2) The National Health Service shall:
1) not later than within 90 days, examine and take a decision
in respect of a submission regarding a reduction in the base
price to be compensated for medicinal products and medical
devices;
2) not later than within 60 days, examine and take a decision
in respect of a submission regarding the inclusion of medicinal
products and medical devices in the list of medicinal products
intended to be compensated in out-patient medical treatment.
(21) The State Agency of Medicines shall examine
the submission regarding the authorisation of a clinical trial of
medicinal products and take a decision within the time limits
specified in Articles 5, 6, 7, 8, 14, 17, 18, 19, 20, 21, 22, and
23 of Regulation No 536/2014.
(22) The State Agency of Medicines shall review the
registration form and the documents appended thereto and take a
decision to perform an examination or to register the
manufacturer, importer or distributor of active substances not
later than within 60 days.
(23) The Food and Veterinary Service shall examine
the submission regarding the authorisation of a clinical
investigation of medicinal products and take the decision within
the time limit specified in Article 9(3) of Regulation No
2019/6.
(24) The Food and Veterinary Service shall examine
the registration form and the documents attached thereto and take
the decision on the verification of compliance and on the
registration of the manufacturer, importer, or distributor of
active substances used as starting materials in veterinary
medicinal products within the time limit specified in Article
95(4) of Regulation No 2019/6.
(3) Decisions taken by the State Agency of Medicines, the
National Health Service and the Health Inspectorate of Latvia may
be disputed to the Ministry of Health, but decisions taken by the
Food and Veterinary Service - to the Ministry of Agriculture.
(4) Decisions of the Ministry of Health and the Ministry of
Agriculture, which are taken regarding the decisions of the
institutions referred to in this Section, may be appealed to a
court in accordance with the procedures laid down in the
Administrative Procedure Law.
(5) The dispute of the decisions referred to in Paragraph one
of this Section and the appeal of decisions referred to in
Paragraph four of this Section shall not hold the implementation
of the relevant decision.
[15 December 2005; 27 September 2007; 24 April 2008; 1
December 2009; 29 November 2012; 11 April 2019; 20 April 2023; 5
October 2023]
Section 64.1 (1) The State Agency of
Medicines and the Food and Veterinary Service shall, not later
than within 90 days after receipt of a submission, take a
decision to issue a special permit (licence) to manufacture or
import medicinal products or veterinary medicinal products or to
refuse to issue a licence.
(2) The State Agency of Medicines and the Food and Veterinary
Service shall, not later than within 30 days (in an exceptional
case - not later than within 90 days) from the day of receipt of
a submission, take a decision to re-register a special permit
(licence) to manufacture or import medicinal products or
veterinary medicinal products, if it is necessary to make changes
in information:
1) regarding manufactured or imported medicinal products,
pharmaceutical forms, the place where they are manufactured or
controlled, and also regarding the qualified person;
2) on the premises which are intended for manufacturing or
importing activities of medicinal products, on technical
equipment and control possibilities in the manufacturing, quality
control and storage process of medicinal products;
3) in relation to investigational medicinal products - on the
types and forms of investigational medicinal products to be
manufactured or imported, manufacturing and importing activities
and manufacturing process (as in cases with deactivation of
viruses or non-traditional agents), and also on the location
where investigational medicinal products are manufactured, on the
premises which are intended for manufacturing or importing
activities of investigational medicinal products, on technical
equipment and control possibilities in the manufacturing, quality
control and storage process of investigational medicinal products
and on the qualified person.
(3) The State Agency of Medicines shall, not later than 90
days from the day of receipt of the submission, take the decision
to issue the special permit (licence) for the wholesale
distribution of medicinal products or to refuse to issue the
licence.
(4) The Food and Veterinary Service shall evaluate the
compliance of the applicant with the requirements of the laws and
regulations governing the circulation of veterinary medicinal
products and shall take the decision on issuing a special permit
(licence) to open (operate) a veterinary medicinal product
wholesaler or on the refusal to issue a licence within the time
limit set out in Article 100(4) of Regulation No 2019/6.
(5) The State Agency of Medicines shall, not later than 180
days from the day of receipt of the submission, take the decision
to issue the special permit (licence) for the use of the hospital
exemptions in medical treatment or to refuse to issue the
licence. The decision to issue the permit for the use of the
hospital exemptions in medical treatment shall not be taken if
the special permit (licence) for the manufacturing of the
hospital exemptions, as specified in Section 51.3,
Paragraph one of this Law, has not been obtained for the relevant
hospital exemptions. The State Agency of Medicines shall take the
decision to issue and re-register the special permit for the
manufacturing of the hospital exemptions and also to make the
changes referred to Section 64.1, Paragraph two,
Clauses 1 and 2 of this Law.
(6) The deadline referred to in Paragraphs one, two, three,
four, and five of this Section and Section 61.1 of
this Law shall be suspended when the State Agency of Medicines or
the Food and Veterinary Service respectively establishes that
additional information or documents are required for the
evaluation and requests the submitter to submit such information
or documents. The counting of the suspended deadline shall resume
from the moment when the submitter submits the requested
information or documents to the State Agency of Medicines or the
Food and Veterinary Service respectively.
[29 November 2012; 5 October 2023; 20 June 2024]
Chapter X.
Suspension of the Activity of Subjects of Pharmaceutical and
Veterinary Pharmaceutical Activity
[24 April 2008]
Section 65. The decision regarding suspension of the
activity of the subject of pharmaceutical and veterinary
pharmaceutical activity, if the laws and regulations governing
the field of pharmaceuticals and veterinary pharmacy have been
violated, in conformity with their competence, shall be taken by
the head of the Health Inspectorate, deputy heads thereof,
managers of territorial divisions of the Health Inspectorate and
deputy managers thereof or by the State chief food and veterinary
inspector of the Food and Veterinary Service, senior inspectors
and inspectors of the Food and Veterinary Service.
Section 66. (1) If the inspector of the Health
Inspectorate of Latvia or the Food and Veterinary Service in
conformity with the competence thereof has determined a violation
of the laws and regulations governing the field of pharmacy and
veterinary pharmacy, he or she shall express a written warning to
the relevant subject of pharmaceutical and veterinary
pharmaceutical activity. All of the determined violations of the
laws and regulations governing the field of pharmacy and
veterinary pharmacy shall be indicated in the warning and
recommendations shall be provided, and the term for the
elimination of violations shall be set.
(2) Taking into account the actual possibilities for
elimination of a violation, the time period for elimination of
violations included in the warning shall be determined not less
than:
1) two years if for the rectification of the violation capital
construction is necessary;
2) six months if partial reconstruction of a building or
capital repairs of machinery are necessary for the rectification
of the violation.
(3) In other cases that are not referred to in Paragraph two
of this Section, the inspector of the Health Inspectorate of
Latvia or the Food and Veterinary Service, in conformity with the
competence thereof and taking into consideration the actual
possibilities for the elimination of the violation, shall set the
term for the elimination of the violation to be from one month up
to three months.
(4) If the violations indicated in the warning have not been
eliminated within the specified term, the officials referred to
in Section 65 of this Law shall take a decision to suspend the
activity of the relevant subject of pharmaceutical and veterinary
pharmaceutical activity.
(5) The suspension of the activity of the subject of
pharmaceutical and veterinary pharmaceutical activity shall be
ensured by the owner or a person authorised by the owner, if
there is such, with the participation of the official who took
the decision to suspend the activity, or an official authorised
thereof.
(6) The suspension of the activity of the subject of
pharmaceutical and veterinary pharmaceutical activity shall be
carried out in such a manner that:
1) the determined violations may be rectified without
hindrance;
2) the deterioration of premises and machinery due to
meteorological circumstances or under the influence of corrosion
is reduced as much as possible;
3) the operations of other structural units and machinery is
disturbed as little as possible.
(7) Control of the operation suspension shall be ensured by
the official who has taken the decision regarding the suspension
of the operation or the official authorised thereof.
(8) The activity of the subject of pharmaceutical and
veterinary pharmaceutical activity may be suspended without a
previous warning, if due to the violation of the laws and
regulations governing pharmacy or veterinary pharmacy:
1) medicinal products not conforming with the quality or not
allowed in Latvia are distributed;
2) the manufacture and distribution of separate medicinal
products is carried out without a special permit (licence) or
other permit, if such is necessary in accordance with the laws
and regulations governing pharmacy or veterinary pharmacy;
3) dangerous substances, disease causing agents may reach
foodstuffs of animal origin or environment and health or life of
humans or animals is endangered.
(9) An official, who has the right to take the decision
referred to in Paragraph eight of this Section regarding the
suspension of the activity, shall take this decision not later
than within three working days after the violations referred to
in Paragraph eight of this Section have become known to him or
her, and it shall be complied with immediately. The term for the
elimination of other determined violations of the laws and
regulations governing pharmacy or veterinary pharmacy shall be
set in accordance with Paragraphs two and three of this
Section.
Section 67. (1) The subject of the pharmaceutical and
veterinary pharmaceutical activity shall notify in writing the
official who took the decision to suspend the activity, regarding
the elimination of the determined violations. Such official shall
within five working days after receipt of the notification verify
whether the relevant violations have been rectified.
(2) If all of the violations referred to in the warning or
decision to suspend the activity have been eliminated, the
relevant official shall provide a written permit for the renewal
of the activity not later than within three working days after
the performance of the check.
(3) If all the violations referred to in the written warning
or decision regarding the suspension of the operation are not
eliminated, the relevant official shall refuse the resumption of
operation.
Section 68. (1) The submission, in which the decision
to suspend the operation without advance warning is contested,
shall be examined and the decision shall be taken within 10
working days after receipt of the submission.
(2) Contesting and appeal of the decisions of the Health
Inspectorate of Latvia and the Food and Veterinary Service
referred to in this Chapter shall not suspend the activity
thereof.
Chapter X.1
Trade
of Means of Medical Treatment within the National Armed
Forces
[9 December 2021 /
Chapter shall come into force on 1 April 2022. See
Paragraph 29 of Transitional Provisions]
Section 68.1 For the purpose of ensuring
performance of tasks of the National Armed Forces, the warehouse
of means of medical treatment of the National Armed Forces shall
ensure trade of the means of medical treatment within the
National Armed Forces.
[9 December 2021 / Section shall come into force on
1 April 2022. See Paragraph 29 of Transitional
Provisions]
Section 68.2 The warehouse of means of
medical treatment of the National Armed Forces shall purchase and
store the means of medical treatment and transfer them for use
free of charge for the needs of the National Armed Forces.
[9 December 2021 / Section shall come into force on
1 April 2022. See Paragraph 29 of Transitional
Provisions]
Section 68.3 The Cabinet shall
determine:
1) the requirements for premises, equipment, machinery,
documentation, and staff of the warehouse of means of medical
treatment of the National Armed Forces;
2) the procedures by which the warehouse of means of medical
treatment of the National Armed Forces purchases, stores,
transfers for use free of charge, records, and destroys means of
medical treatment;
3) the procedures by which the warehouse of means of medical
treatment of the National Armed Forces may transfer the means of
medical treatment at its disposal for use free of charge to
medical treatment institutions and social care institutions.
[9 December 2021 / Section shall come into force on
1 April 2022. See Paragraph 29 of Transitional
Provisions]
Section 68.4 The following person shall be
approved as an official responsible for the conformity with the
requirements for trade of means of medical treatment in the
warehouse of means of medical treatment of the National Armed
Forces:
1) whose professional qualification conforms to the
requirements laid down in laws and regulations for staff of the
warehouse of means of medical treatment of the National Armed
Forces;
2) who does not suffer from mental illness or who is not
addicted to alcohol, narcotic, psychotropic, or toxic
substances;
3) who is of impeccable reputation which shall be recognised
as such if:
a) the person has not been convicted of committing a criminal
offence;
b) the person has not been subject to administrative penalties
for offences in the field of pharmaceuticals over a year.
[9 December 2021 / Section shall come into force on
1 April 2022. See Paragraph 29 of Transitional
Provisions]
Section 68.5 The warehouse of means of
medical treatment of the National Armed Forces shall be
responsible for the quality of the purchased means of medical
treatment. It is allowed to purchase, store, and transfer for use
free of charge only the medicinal products registered in the
Republic of Latvia and included in the Medicinal Product Register
of Latvia. It is prohibited from purchasing and transferring
medicinal products for use free of charge if their quality does
not conform to the requirements laid down in the approved
documentation of technical standards (pharmacopoeia, technical
regulations, documentation approved in the course of registration
of medicinal products etc.), or their expiry date has passed.
[9 December 2021 / Section shall come into force on
1 April 2022. See Paragraph 29 of Transitional
Provisions]
Section 68.6 The warehouse of means of
medical treatment of the National Armed Forces shall only
purchase medicinal products from medicinal product wholesalers
and general type pharmacies.
[9 December 2021 / Section shall come into force on
1 April 2022. See Paragraph 29 of Transitional
Provisions]
Section 68.7 For the purpose of providing
medical assistance to soldiers of the National Armed Forces, the
National Armed Forces are entitled to transport means of medical
treatment across the State border in accordance with a list
approved by the Commander of the National Armed Forces when going
for military training abroad or participating in an international
operation.
[9 December 2021 / Section shall come into force on
1 April 2022. See Paragraph 29 of Transitional
Provisions]
Section 68.8 For the purpose of the
supervision of pharmacy, the officials of the Health Inspectorate
have the right to supervise and control the warehouse of means of
medical treatment of the National Armed Forces, assess conformity
of the trade of medicinal products with the requirements of laws
and regulations regulating the field of pharmaceuticals, and also
give, within the scope of their competence, binding orders on
pharmaceutical issues to the warehouse of means of medical
treatment of the National Armed Forces. Officials of the Health
Inspectorate have the following rights within the scope of their
competence:
1) assess premises, equipment, staff, and documentation
according to the work to be performed and its volume;
2) issue a written warning regarding the established
violations of laws and regulations regulating the field of
pharmaceuticals, set the time period for elimination of the
violations included in the warning that is not shorter than that
specified in Section 66, Paragraphs two and three of this Law,
and if the violations indicated in the warning have not been
eliminated within the set time period, take the decision to
suspend operation of the warehouse of means of medical treatment
of the National Armed Forces;
3) prohibit trade of any medicinal products if it has been
established that they are of poor quality or falsified but, in
case of doubts regarding the quality of such medicinal products,
suspend trade of the relevant medicinal products until final
clarification of their quality in accordance with the laws and
regulations regulating the field of pharmaceuticals.
[9 December 2021 / Section shall come into force on
1 April 2022. See Paragraph 29 of Transitional
Provisions]
Chapter XI
Administrative Offences in the Field of Medicinal Products for
Human Use and Competence in Administrative Offence
Proceedings
[21 May 2020 / Chapter
shall come into force on 1 July 2020. See Paragraph 28 of
Transitional Provisions]
Section 69. For the violation of the procedures for
purchase, storage, use, accounting or destruction of medicinal
products in medical treatment institutions and social care
institutions, a warning or a fine from two to ten units of fine
shall be imposed on a natural person but a fine from twenty to
one hundred units of fine on a legal person.
[21 May 2020 / This Section shall come into force on
1 July 2020. See Paragraph 28 of Transitional
Provisions]
Section 70. For the violation of the quality control
procedures for medicinal products prepared at a pharmacy, a
warning or a fine from two to fifteen units of fine shall be
imposed on a natural person but a fine from twenty to one hundred
and fifty units of fine on a legal person.
[21 May 2020 / This Section shall come into force on
1 July 2020. See Paragraph 28 of Transitional
Provisions]
Section 71. (1) For the violation of the provisions for
distribution of medicinal products or active substances in
pharmacies, a warning or a fine from five to fifteen units of
fine shall be imposed on a natural person but a fine from fifty
to one hundred and fifty units of fine on a legal person.
(2) For the violation of the provisions for distribution of
medicinal products or active substances at medicinal product
wholesalers, a warning or a fine from five to twenty units of
fine shall be imposed on a natural person but a fine from fifty
to two hundred units of fine on a legal person.
(3) For the violation of the provisions for distribution of
medicinal products or active substances laid down for a
manufacturer of medicinal products, a warning or a fine from ten
to twenty units of fine shall be imposed on a natural person but
a fine from one hundred to two hundred units of fine on a legal
person.
[21 May 2020 / This Section shall come into force on
1 July 2020. See Paragraph 28 of Transitional
Provisions]
Section 72. For the violation of the provisions for
organisation of work or pharmaceutical care laid down in a
pharmacy and a branch of a pharmacy, a warning or a fine from ten
to twenty units of fine shall be imposed on a natural person but
a fine from one hundred to two hundred units of fine on a legal
person.
[21 May 2020 / This Section shall come into force on
1 July 2020. See Paragraph 28 of Transitional
Provisions]
Section 73. For the violation of the procedures for
transfer of free samples of medicinal products laid down for
medical treatment institutions or for non-compliance with the
requirements for the donation of medicinal products, a warning or
a fine from ten to twenty-five units of fine shall be imposed on
a natural person but a fine from one hundred to two hundred and
fifty units of fine on a legal person.
[21 May 2020 / This Section shall come into force on
1 July 2020. See Paragraph 28 of Transitional
Provisions]
Section 74. For the violation of the provisions for
distribution of unregistered medicinal products for the
distribution of which a permit has been received from the State
Agency of Medicines, a warning or a fine from five to twenty-five
units of fine shall be imposed on a natural person but a fine
from fifty to two hundred and fifty units of fine on a legal
person.
[21 May 2020 / This Section shall come into force on
1 July 2020. See Paragraph 28 of Transitional
Provisions]
Section 75. For the violation of the provisions for
distribution of medicinal products via internet, a warning or a
fine from five to thirty units of fine shall be imposed on a
natural person but a fine from fifty to three hundred units of
fine on a legal person.
[21 May 2020 / This Section shall come into force on
1 July 2020. See Paragraph 28 of Transitional
Provisions]
Section 76. For the violation of the provisions for
importing and exporting of medicinal products or active
substances, a warning or a fine from five to thirty-five units of
fine shall be imposed on a natural person but a fine from fifty
to three hundred and fifty units of fine on a legal person.
[21 May 2020 / This Section shall come into force on
1 July 2020. See Paragraph 28 of Transitional
Provisions]
Section 77. For the violation of the procedures for
conducting clinical trials of medicinal products and
non-interventional studies or labelling of investigational
medicinal products and auxiliary medicinal products, a warning or
a fine from five to forty units of fine shall be imposed on a
natural person but a fine from fifty to four hundred units of
fine on a legal person.
[20 April 2023]
Section 78. (1) For the violation of the provisions for
labelling of medicinal products, a warning or a fine from ten to
seventy-five units of fine shall be imposed on a natural person
but a fine from one hundred to seven hundred and fifty units of
fine on a legal person.
(2) For the distribution of medicinal products without the
instructions for use (package leaflet) or with the instructions
for use (package leaflet) that do not comply with the
requirements of laws and regulations, a fine from ten to
seventy-five units of fine shall be imposed on a natural person
but a fine from one hundred to seven hundred and fifty units of
fine on a legal person.
[21 May 2020 / This Section shall come into force on
1 July 2020. See Paragraph 28 of Transitional
Provisions]
Section 79. For the violation of the requirements for
parallel import of medicinal products or procedures for parallel
distribution of medicinal products, a fine from five to fifty
units of fine shall be imposed on a natural person but a fine
from fifty to five hundred units of fine on a legal person.
[21 May 2020 / This Section shall come into force on
1 July 2020. See Paragraph 28 of Transitional
Provisions]
Section 80. (1) For the violation of the quality
control procedures for medicinal products at a medicinal product
wholesaler, a fine from five to sixty units of fine shall be
imposed on a natural person but a fine from fifty to six hundred
units of fine on a legal person.
(2) For the violation of the quality control procedures for
medicinal products in the manufacturing of medicinal products, a
fine from five to sixty units of fine shall be imposed on a
natural person but a fine from fifty to six hundred units of fine
on a legal person.
[21 May 2020 / This Section shall come into force on
1 July 2020. See Paragraph 28 of Transitional
Provisions]
Section 81. For the violation of the regulations
regarding the pricing of medicinal products, a fine from ten to
seventy units of fine shall be imposed on a natural person but a
fine from one hundred to seven hundred units of fine on a legal
person.
[21 May 2020 / This Section shall come into force on
1 July 2020. See Paragraph 28 of Transitional
Provisions]
Section 82. For the distribution of medicinal products
to a person who is not entitled to purchase these medicinal
products, a fine from twenty to seventy-five units of fine shall
be imposed on a natural person but a fine from two hundred to
seven hundred and fifty units of fine on a legal person.
[21 May 2020 / This Section shall come into force on
1 July 2020. See Paragraph 28 of Transitional
Provisions]
Section 83. For the failure to recall medicinal
products from the market in the cases laid down in laws and
regulations or for the violation of the procedures for recalling
medicinal products, a fine from ten to eighty units of fine shall
be imposed on a natural person but a fine from one hundred to
eight hundred units of fine on a legal person.
[21 May 2020 / This Section shall come into force on
1 July 2020. See Paragraph 28 of Transitional
Provisions]
Section 84. For the violation of pharmacovigilance
regulations, a fine from ten to ninety units of fine shall be
imposed on a natural person but a fine from one hundred to nine
hundred units of fine on a legal person.
[21 May 2020 / This Section shall come into force on
1 July 2020. See Paragraph 28 of Transitional
Provisions]
Section 85. For the carrying out of pharmaceutical
activity without the involvement of a qualified person laid down
in laws and regulations, a fine from fifty to one hundred units
of fine shall be imposed on a natural person but a fine from five
hundred to one thousand units of fine on a legal person.
[21 May 2020 / This Section shall come into force on
1 July 2020. See Paragraph 28 of Transitional
Provisions]
Section 86. For the distribution of medicinal products
or active substances the expiry date of which has passed or the
quality of which does not comply with the requirements of
approved documentation of technical standards, a fine from fifty
to one hundred and forty units of fine shall be imposed on a
natural person but a fine from five hundred to one thousand and
eight hundred units of fine on a legal person.
[21 May 2020 / This Section shall come into force on
1 July 2020. See Paragraph 28 of Transitional
Provisions]
Section 87. For the distribution of medicinal products
or active substances not allowed in the Republic of Latvia, a
fine from thirty to one hundred and forty units of fine shall be
imposed on a natural person but a fine from three hundred to two
thousand units of fine on a legal person.
[21 May 2020 / This Section shall come into force on
1 July 2020. See Paragraph 28 of Transitional
Provisions]
Section 88. For the failure to perform a verification
of the safety features of medicinal products or for the failure
to perform the obligations laid down with regard to the
verification system of medicinal products, a fine from thirty to
two hundred and eighty units of fine shall be imposed on a
natural person but a fine from three hundred to two thousand and
eight hundred units of fine on a legal person.
[21 May 2020 / This Section shall come into force on
1 July 2020. See Paragraph 28 of Transitional
Provisions]
Section 89. (1) For the refusal to deliver medicinal
products to a pharmacy if these medicinal products are in the
stock of the medicinal product wholesaler, a fine from one
thousand to four thousand units of fine shall be imposed on a
legal person.
(2) For the failure to submit a request for the delivery of
medicinal products to a medicinal product wholesaler in whose
stock these medicinal products were at the given moment according
to publicly available information, a fine from one thousand to
four thousand units of fine shall be imposed on a legal
person.
(3) For the violation of the prohibition to export or take out
medicinal products, a fine from two hundred and fifty to four
hundred units of fine shall be imposed on a natural person but a
fine from two thousand and five hundred to four thousand units of
fine on a legal person.
[21 May 2020 / This Section shall come into force on
1 July 2020. See Paragraph 28 of Transitional
Provisions]
Section 90. For the carrying out of activities that
require a special permit (licence) without such a special permit
(licence), a fine from two hundred to four hundred units of fine
shall be imposed on a natural person but a fine from two thousand
to four thousand units of fine on a legal person.
[21 May 2020 / This Section shall come into force on
1 July 2020. See Paragraph 28 of Transitional
Provisions]
Section 91. For importing, exporting or distribution of
falsified medicinal products or falsified active substances, a
fine from fifty to four hundred units of fine shall be imposed on
a natural person but a fine from five hundred to four thousand
units of fine on a legal person.
[21 May 2020 / This Section shall come into force on
1 July 2020. See Paragraph 28 of Transitional
Provisions]
Section 92. For the manufacturing or production of
falsified medicinal products or falsified active substances, a
fine from three hundred to four hundred units of fine shall be
imposed on a natural person but a fine from three thousand to
four thousand units of fine on a legal person.
[21 May 2020 / This Section shall come into force on
1 July 2020. See Paragraph 28 of Transitional
Provisions]
Section 93. (1) Administrative offence proceedings for
the offences referred to in Sections 69, 70, 71, 72, 73, 74, 75,
76, 77, 78, 79, 80, 81, 82, 83, 84, 85, 86, 87, 88, 89, 90, 91,
and 92 of this Law shall be conducted by the Health
Inspectorate.
(2) The State Revenue Service shall also be entitled to
conduct the administrative offence proceedings for the offences
referred to in Sections 76, 79, 87, Section 89, Paragraph three,
and Section 91 of this Law until the examination of the
administrative offence case.
[21 May 2020 / This Section shall come into force on
1 July 2020. See Paragraph 28 of Transitional
Provisions]
Chapter XII
Administrative Offences in the Field of Veterinary Medicinal
Products and Competence in Administrative Offence
Proceedings
[21 May 2020 / Chapter
shall come into force on 1 July 2020. See Paragraph 28 of
Transitional Provisions]
Section 94. (1) For dispensing prescription veterinary
medicinal products without a veterinary prescription or without a
written request from a practising veterinarian, or for dispensing
to another person medicinal products which may be handled only by
a practising veterinarian, a fine from fifty to two hundred and
eighty units of fine shall be imposed on a legal person.
(2) For the distribution of veterinary medicinal products or
active substances without the delivery documents laid down in
laws and regulations, a fine from seven to fifty-six units of
fine shall be imposed on a natural person but a fine from seventy
to five hundred and sixty units of fine on a legal person.
(3) For the distribution of veterinary medicinal products
without the labelling or instructions for use (package leaflet)
laid down in laws and regulations, a fine from seven to fifty-six
units of fine shall be imposed on a natural person but a fine
from seventy to five hundred and sixty units of fine on a legal
person.
(4) For the distribution of veterinary medicinal products the
expiry date of which has passed, a fine from fourteen to one
hundred and forty-two units of fine shall be imposed on a natural
person but a fine from one hundred and forty to one thousand four
hundred and twenty units of fine on a legal person.
(5) For the distribution of veterinary medicinal products
which do not comply with the technical standards laid down in the
registration documentation of the veterinary medicinal products
or the quality or efficacy of which does not meet the
requirements indicated in the veterinary prescription or a
written request from a practising veterinarian, a fine from
fourteen to one hundred and forty-two units of fine shall be
imposed on a natural person but a fine from one hundred and forty
to one thousand four hundred and twenty units of fine on a legal
person.
(6) For the distribution of veterinary medicinal products not
allowed in the Republic of Latvia, a fine from twenty-eight to
one hundred and forty units of fine shall be imposed on a natural
person but a fine from two hundred and eighty to one thousand
four hundred and twenty units of fine on a legal person.
[21 May 2020 / This Section shall come into force on
1 July 2020. See Paragraph 28 of Transitional
Provisions]
Section 95. (1) For the use of ingredients of
inadequate quality or efficacy in the production or manufacturing
of veterinary medicinal products, a fine from two hundred and
eighty to one thousand four hundred and twenty units of fine
shall be imposed on a legal person.
(2) For the manufacturing of veterinary medicinal products or
active substances without a certificate of good manufacturing
practice for veterinary medicinal products, a fine from two
hundred and eighty to one thousand four hundred and twenty units
of fine shall be imposed on a legal person.
(3) For the manufacturing of veterinary medicinal products or
active substances if the duties of a qualified person are
performed by a person whose qualification or professional
experience does not meet the requirements of laws and
regulations, a fine from two hundred and eighty to one thousand
four hundred and twenty units of fine shall be imposed on a legal
person.
[21 May 2020 / This Section shall come into force on
1 July 2020. See Paragraph 28 of Transitional
Provisions]
Section 96. For the carrying out of activities that
require a special permit (licence) without such a special permit
(licence), a fine from twenty-eight to one hundred and forty
units of fine shall be imposed on a natural person but a fine
from two hundred and eighty to one thousand four hundred and
twenty units of fine on a legal person.
[21 May 2020 / This Section shall come into force on
1 July 2020. See Paragraph 28 of Transitional
Provisions]
Section 97. (1) For the distribution of falsified
veterinary medicinal products or falsified active substances, a
fine from forty to three hundred units of fine shall be imposed
on a natural person but a fine from four hundred to three
thousand units of fine on a legal person.
(2) For the manufacturing or production of falsified
veterinary medicinal products or falsified active substances, a
fine from one hundred to four hundred units of fine shall be
imposed on a natural person but a fine from one thousand to four
thousand units of fine on a legal person.
[21 May 2020 / This Section shall come into force on
1 July 2020. See Paragraph 28 of Transitional
Provisions]
Section 98. (1) The administrative offence proceedings
for the offences referred to in Sections 94, 95, 96, and 97 of
this Law shall be conducted by the Food and Veterinary
Service.
(2) The State Revenue Service shall also be entitled to
conduct the administrative offence proceedings for the offences
referred to in Section 94, Paragraphs two and six, and Section
97, Paragraph one of this Law until the examination of the
administrative offence case.
[21 May 2020 / This Section shall come into force on
1 July 2020. See Paragraph 28 of Transitional
Provisions]
Transitional Provisions
1. [19 March 1998]
2. Permits (licences) for establishing (operating) pharmacies,
which have been issued to medicinal product wholesalers or
medicinal product manufacturing undertakings, and permits
(licences) for pharmaceutical activities prior to the coming into
force of this Law shall retain their period of validity.
3. Certification of pharmacies, medicinal product wholesalers
and medicinal product manufacturing undertakings, and
professional qualification certification of pharmacist shall be
commenced after the issuance of relevant Cabinet regulations.
4. Section 6, Clause 6; Section 7, Clause 2 and Section 20,
Clauses 4 and 5 of this Law shall be in force until 1 January
2000.
[17 December 1998]
5. Section 59, Clause 3 of this Law shall be in force until 1
January 2000.
[17 December 1998]
6. With the coming into force of this Law, Cabinet Regulation
No. 101, Pharmacy Regulations, issued in accordance with the
procedures laid down in Section 81 of the Constitution
(Latvijas Republikas Saeimas un Ministru Kabineta
Ziņotājs, 1996, No. 10), is repealed.
7. Section 39 of this Law shall be in force until 31 December
2004.
[19 March 1998]
8. Permits for the distribution of medicaments which were
issued until 1 January 2000 pursuant to Section 6, Clause 6 of
this Law shall be in force until 1 July 2000.
[1 June 2000]
9. Section 20, Clause 6 of this Law shall come into force on 1
January 2003.
[1 June 2000]
10. The branches of pharmacies which do not comply with the
requirements laid down in Section 36 shall terminate their
operations by 31 December 2000.
[1 June 2000]
11. The Cabinet shall, by 1 March 2002, issue regulations that
regulate:
1) the procedures for conformity assessment of the pharmacies,
medicinal product wholesalers and medicinal product manufacturing
undertakings referred to in Section 5, Clause 1 of this Law;
2) the labelling of medicinal products referred to in Section
5, Clause 3 of this Law.
[14 June 2001]
12. The Cabinet shall, by 1 July 2002, issue regulations that
regulate the requirements to be met by medicinal product
instructions for use (package leaflet) referred to in Section 5,
Clause 12 of this Law.
[14 June 2001]
13. The Cabinet shall, by 1 January 2002, issue regulations
that regulate:
1) the procedures for conformity assessment of good
distribution practices referred to in Section 5, Clause 14 of
this Law;
2) the procedures for conformity assessment of good clinical
practices referred to in Section 5, Clause 15 of this Law.
[14 June 2001]
14. [9 August 2010]
14.1 Pharmacies which have received a licence for
establishing (operation) of a pharmacy the term of validity of
which terminates by 31 December 2010 and the operation of which
does not conform to the requirements laid down in Section 36 of
this Law have the right to receive an extension of licence until
31 December 2011.
[9 August 2010]
15. Until the establishment of the State agency State Agency
of Medicines, the Minister for Health is the representative of
the holder of the State capital shares in the Agency.
[16 April 2003]
16. The Cabinet shall, by 1 January 2004, issue regulations
that regulate the procedures for the registration of pharmacists
and pharmacist's assistants referred to in Section 5, Clause 17
of this Law.
[16 April 2003]
17. The coming into force of Section 17, Paragraph two,
Section 22, Paragraph three, Section 25.1, Section 31,
Clause 7, Section 38, Paragraph three, Sections 46.1
and 60.1 shall be laid down by a special law.
[16 April 2003]
18. The repeal of Sections 46 and 60 of this Law shall be laid
down by a special law.
[16 April 2003]
19. Permits for the management of pharmacies issued by the
Ministry of Welfare up to 31 January 2003 are in effect until the
end of the time period referred to in the permit.
[16 April 2003]
20. A pharmacist's assistant who has received a permit for the
management of a pharmacy issued by the Ministry of Health, but
does not conform to the requirements which in accordance with
Section 39 of this Law are required by a manager from 1 July
2004, may manage a pharmacy until the end of the time period
referred to in the permit.
[16 April 2003]
21. Section 39 of this Law is in force until 31 December
2010.
[16 April 2003]
22. By the day when the Cabinet Regulation referred to in
Clause 1, Section 5 of this Law governing the procedures for
issuing, suspending, re-registering and revoking special permits
(licences) for pharmaceutical activities and of professional
qualification certificates for pharmacists, as well as the
requirements for commencement of operating and operating of
pharmacies, medicinal product wholesalers and medicinal product
manufacturing, and the procedures for conformity assessment, and
the Cabinet Regulation referred to in Clause 14, Section 5 of
this Law governing the procedures for evaluating conformity of
distribution of medicinal products (except veterinary medicinal
products) with the requirements of good distribution practices
shall come into force, but not longer than until 1 April 2010 the
following shall be applicable:
1) Cabinet Regulation No. 248 of 6 July 1999, Procedures for
Certification of Professional Qualification of Pharmacists;
2) Cabinet Regulation No. 207 of 22 May 2001, Requirements for
Opening and Operating of Pharmacies;
3) Cabinet Regulation No. 229 of 1 April 2004, Procedures for
Issuance, Suspension, Re-registration and Revoking of Special
Permits (Licences) for Veterinary Pharmaceutical Activities;
4) Cabinet Regulation No. 415 of 26 June 2007, Procedures for
Issuance, Suspension, Re-registration and Cancellation of Special
Authorisations (Licences) for Pharmaceutical and Veterinary
Pharmaceutical Activities, Paying of State Fee for Issuance and
Re-registration Thereof, as well as Conformity Assessment of
Pharmacies, Medicinal Product and Veterinary Medicinal Product
Wholesalers and Medicinal Product and Veterinary Medicinal
Product Manufacturing Undertakings and Goods Distribution
Practices of Medicinal Products, in so far as they are not in
contradiction to this Law.
[23 October 2008; 12 March 2009]
23. By the day when the Cabinet Regulation referred to in
Clause 15, Section 5 of this Law governing the procedures for
evaluating conformity of clinical research of medicinal products
(except veterinary medicinal products) with the requirements of
good clinical practices shall come into force, but no longer than
until 1 April 2010 the Cabinet Regulation No. 172 of 28 February
2006, Regulations Regarding the Conduct of Clinical Trials and
Non-interventional Trials, the Procedures for the Labelling of
Investigational Medicinal Products and the Procedures for
Inspection of Conformity with the Requirements of Good Clinical
Practice shall be applicable insofar as they are not in
contradiction to this Law.
[23 October 2008; 12 March 2009]
24. The new wording of Section 36, Section 38, Paragraph
1.1 of this Law, and amendments to Section 42 in
respect of the replacement of the words and figure "rural area,
where 5" with the words and figure "in a municipality,
municipality town or municipality rural territory where the
number of inhabitants does not exceed 4000 and (..) five" shall
come into force on 1 January 2011.
[9 August 2010]
25. A person who is distributing veterinary medicinal products
in a pharmacy which has started operation thereof until 31
December 2010 is entitled to distribute veterinary medicinal
products without a certificate for the distribution of veterinary
medicinal products until 1 July 2012.
[28 October 2010]
26. The Cabinet shall, by 31 January 2013, make amendments to
Cabinet Regulation No. 758 of 4 October 2011, Procedures for
Issuing, Revoking and Extending the Term of Validity of a
Certificate for Distribution of Veterinary Medicinal Products and
for Registering the Certified Person, laying down the procedures
by which assessment of qualification shall be performed.
[29 November 2012]
27. Section 10, Clause 1.1 of this Law shall come
into force on 1 July 2013.
[29 November 2012]
28. The new wording of the title of Chapter IX of this Law,
the amendment regarding the deletion of Section 63 of this Law,
and Chapters XI and XII of this Law shall come into force
concurrently with the Law on Administrative Liability.
[21 May 2020]
29. Amendment to Section 2, Section 35, Paragraph one, Clause
4, and Section 48, Paragraph one of this Law, and also amendment
regarding the supplementation of the Law with Chapter
X.1 in respect of the activities of the National Armed
Forces in the field of pharmaceuticals and trade of means of
medical treatment within the National Armed Forces shall come
into force on 1 April 2022.
[9 December 2021]
30. The Health Inspectorate shall, by 2 May 2022, inspect the
warehouse of means of medical treatment of the National Armed
Forces and issue an inspection report if the warehouse of the
National Armed forces conforms with the requirements of the laws
and regulations regulating the field of pharmaceuticals.
[9 December 2021]
31. Until the day of coming into force of the Cabinet
regulations referred to in Section 5, Clause 18 of this Law, but
not later than until 31 May 2022, Cabinet Regulation No. 258 of 5
April 2011, Procedures by which a Veterinary Medical Care
Institution and a Practising Veterinarian Purchase, Store,
Record, and Use Medicinal Products, shall be applicable insofar
as it is not in conflict with this Law.
[9 December 2021]
32. Clinical trials of medicinal products may be conducted if
the sponsor of the clinical trial of medicinal products has a
valid civil liability insurance contract concluded before the
date of entry into effect of Section 26.3 until the
end of the time period specified in the relevant contract.
[20 April 2023]
33. Amendments regarding the new wording of Sections 45 and 51
of this Law shall come into force on 1 August 2024. The special
permit (licence) issued to the medicinal product wholesaler and
medicinal product manufacturer referred to in Sections 45 and 51
of this Law for the opening (operating) of a medicinal product
wholesaler and the manufacturing of veterinary medicinal products
and also the special permit (licence) for the manufacturing of
the hospital exemptions shall remain valid until 31 July
2024.
[20 June 2024]
34. The State Agency of Medicines shall issue the special
permits (licences) for pharmaceutical activities referred to in
Sections 45.1 and 51.2 of this Law,
specifying the relevant veterinary pharmaceutical activity,
namely the manufacturing or importing of veterinary medicinal
products, or the distribution of veterinary medicinal products,
as the special field of activity, to the manufacturers and
importers of medicinal products, and medicinal product
wholesalers referred to in Sections 45.1 and
51.2 of this Law, and also the certificates of good
manufacturing practice referred to in Section 10, Clause
12.1 of this Law in respect of the verifications of
manufacturing or importing of veterinary medicinal products to
the manufacturers and importers referred to in Section
51.2 of this Law until 31 December 2024.
[20 June 2024]
35. The State Agency of Medicines shall, by 31 December 2024,
hand over the matters related to the issuance of special permits
(licences) and certificates in the field of veterinary medicinal
products to the Food and Veterinary Service.
[20 June 2024]
36. Amendments regarding the new wording of Section 10, Clause
7 of this Law and the deletion of Clause 7.1, and also
amendment to Section 26.1, Paragraph five of this Law
shall enter into force on 1 July 2025.
[20 June 2024]
37. The Cabinet shall, by 1 July 2025, issue the regulations
referred to in Section 5, Clauses 1.1 and
19.1, Section 17, Paragraphs two and five, Section
25.4, Paragraphs two and three, Section
25.6, Section 32.1, Paragraph three,
Section 32.2, Paragraph two, Section 35, Paragraph
four, Section 41, Paragraph two, Section 42, Section 48,
Paragraph 1.3, Section 51, Paragraph nine, Section
51.3, Paragraph two, and Section 52.1,
Paragraph four of this Law. Until the day of coming into force of
the relevant Cabinet regulations, but not longer than until 30
June 2025, Cabinet Regulation No. 800 of 19 October 2011,
Procedures for Licensing Pharmaceutical Activities, shall be
applicable insofar as it is not in conflict with this Law.
[20 June 2024]
Informative Reference to European
Union Directives
[29 November 2012; 20 April
2023]
This Law contains legal norms arising from:
1) Directive 2001/82/EC of the European Parliament and of the
Council of 6 November 2001 on the Community code relating to
veterinary medicinal products;
2) Directive 2001/83/EC of the European Parliament and of the
Council of 6 November 2001 on the Community code relating to
medicinal products for human use;
3) [20 April 2023];
4) Directive 2010/84/EU of the European Parliament and of the
Council of 15 December 2010 amending, as regards
pharmacovigilance, Directive 2001/83/EC on the Community code
relating to medicinal products for human use;
5) Directive 2011/62/EU of the European Parliament and of the
Council of 8 June 2011 amending Directive 2001/83/EC on the
Community code relating to medicinal products for human use, as
regards the prevention of the entry into the legal supply chain
of falsified medicinal products.
The Law has been adopted by the Saeima on 10 April
1997.
President G. Ulmanis
Rīga, 24 April 1997
1 The Parliament of the Republic of
Latvia
Translation © 2025 Valsts valodas centrs (State
Language Centre)