How we regulate pharmacy businesses
Pharmacy is regulated differently in NSW
In NSW, the Pharmacy Council regulates both pharmacy businesses and registered pharmacy practitioners. This model differs from the way other states and territories regulate pharmacy.
We regulate pharmacy ownership in 3 ways.
- We make sure pharmacy businesses meet expected standards and comply with the law.
- We approve applications for new pharmacies or changes to pharmacies.
- We manage a public register of pharmacies.
Who can own a pharmacy in NSW?
Under NSW law, you must be a registered pharmacist to hold a financial interest in a pharmacy (with a few limited exceptions). Financial interest holders can be sole pharmacist operators, a partnership of registered pharmacists, or a pharmacists’ body corporate.
Regardless of the business model, everyone with a financial interest must be a registered pharmacist and they can’t have an interest in more than 5 pharmacies in NSW.
In special circumstances, ‘friendly societies’ can own a pharmacy if the NSW Minister for Health agrees. Members own these organisations rather than shareholders. They often operate as not-for-profit social enterprises that support communities. The members don’t need to be pharmacists, but they must nominate a pharmacist who is responsible for complying with the law.
Protecting public safety
The rules around pharmacy ownership are designed to protect the public. As the regulator, the Pharmacy Council must be sure pharmacies comply with these rules.
When pharmacy owners open a new business or make changes to an existing business, they need to notify us in writing so we can confirm these changes meet legal requirements.
Before authorising any new pharmacy to operate, we inspect the premises to confirm it’s a suitable place to deliver pharmacy services. We also run a routine inspection program for existing pharmacies to check they continue to operate in line with standards and stocking the right equipment and resources.
Health practitioner regulation in NSW outlines standards that pharmacy premises must meet, including the equipment and publications to be kept in every pharmacy. This includes items such as a refrigerator for storing vaccines and heavy-duty scales, having a private consultation area for patients, and copies of legislation that controls NSW pharmacy practice.
The regulation also says that as well as the minimum standards, pharmacies must contain any other equipment necessary to provide safe and competent pharmacy services.
Our equipment self-audit tool and publications self-audit tool can help pharmacies comply with the standards ahead of any Council inspections.
NSW pharmacy owner obligations
One
Be a registered pharmacist
Two
Have a financial interest in no more than 5 pharmacies in NSW
Three
Register your pharmacy business and financial interest with the Pharmacy Council
Four
Apply for approval before opening a new pharmacy business
Five
Keep approvals current
Six
Cooperate with initial and routine Pharmacy Council inspections
Seven
Have equipment and documentation that meets legal standards
Eight
Tell the Council about relevant changes to your business and financial interest
The public Register of pharmacies
NSW laws require the Council to maintain a public Register of pharmacies. The Register contains details of every approved pharmacy in the state and lists its financial interest holders.
When anyone buys or sells a pharmacy business, the financial interest in a pharmacy changes, or there is a change in address, we update these details on the Register.