Declaration of provision of services by a foreign pharmacist
Last update
In certain circumstances, pharmacists who are nationals of a Member State of the European Union, of the European Economic Area or of the Swiss Confederation may provide services (acts performed in the exercise of their profession) in Luxembourg on a temporary and occasional basis without holding a licence to practise issued by the Minister of Health and Social Security.
To do so, a prior declaration of provision of services must be sent to the Minister of Health and Social Security:
- prior to the first provision of services; and
- be renewed annually.
Who is concerned
Pharmacists who:
- are nationals of a Member State of the European Union, of the European Economic Area or of the Swiss Confederation;
- are established in another Member State and legally carry out the activities as a pharmacist in that State; and
- travel on a temporary and occasional basis to Luxembourg in order to perform acts there in the exercise of their profession.
Prerequisites
No suspension or ban on exercising the professional activity
Where pharmacists have been suspended or banned from practising their profession in Luxembourg and are legally established in another Member State, they may not provide any services in Luxembourg for as long as they continue to be suspended or banned.
Required language skills
Service providers must possess the language skills that are necessary for them to exercise their profession in Luxembourg.
If their mother tongue is not French, German or Luxembourgish, proof of their language skills must be provided in order to be authorised to provide services in Luxembourg.
The minimum level of language proficiency required in French or German is level B2 of the Common European Framework of Reference for Languages (CEFR). The level can be proven by any means such as:
- a copy of the training certificates obtained in one of these 2 languages;
- proof of professional experience in a French- or German-speaking country.
Pharmacists who cannot provide such proof as listed above must provide a level B2 language proficiency certificate issued by an approved examination centre.
In Luxembourg, the approved examination centre is the National Institute for Languages Luxembourg (Institut national des langues Luxembourg - INLL).
How to proceed
Prior declaration to the Ministry of Health and Social Security
Before providing services for the first time, the pharmacist concerned must submit a declaration in that regard to the Minister of Health and Social Security.
A copy of that declaration sent by the Minister of Health and Social Security to the Medical Board (Collège médical) constitutes automatic temporary registration with that body, the service provider being exempted from the obligation to pay a membership fee.
A copy of the declaration is sent to the social security bodies.
Submission of the declaration of provision of services
Pharmacists can submit their declaration of provision of services:
- online via MyGuichet.lu; The online procedure can be done with or without authentication using a LuxTrust product or electronic identity card (eID) (see 'Online services anf forms'). It is also available in the mobile app;
- by post by sending the form (see 'Online services and forms') and required supporting documents to the following address:
Ministère de la Santé et de la Sécurité sociale
1, rue Charles Darwin
L-1433 Luxembourg
The procedure with authentication has several advantages compared to the procedure without authentication. In particular, it allows the temporary saving of the data entered so that the pharmacist can access them later.
Once the declaration has been submitted, all subsequent messages and notifications concerning changes in the processing status of the application will be sent to the pharmacist by email.
Supporting documents
Pharmacists must include the following supporting documents with their declaration:
- a copy of an identity document;
- an attestation from the State in which they are established, issued less than 3 months previously, certifying that they are legally established in that State to practise their profession and that, as at the date of issue of the attestation, they are not subject to a ban, even of a temporary nature, on practising their profession;
- a copy of the diploma, certificate or other qualification required to provide the services concerned;
- an insurance certificate in respect of professional liability insurance;
- all evidence showing that they have the language skills needed in order to be able to practise their profession.
Translations of documents
All documents that are not drawn up in French, German or Luxembourgish must be accompanied by their French, German or Luxembourgish translation produced by a sworn/certified translator.
Duration of validity
The declaration of provision of services is valid for one year.
It must be renewed:
- for each year in which the provider intends to practise on a temporary or occasional basis in Luxembourg; or
- in the event of any material change in the service provider’s circumstances.
Renewal
The renewal procedure is the same as the initial declaration procedure (submission via MyGuichet.lu or by post).
In the event of renewal of the declaration of provision of services, pharmacists must:
- indicate the periods during which services were provided in Luxembourg;
- complete the declaration of provision of services form (same form as the initial declaration form);
- on request by the Minister, attach an attestation from the State in which they are established, certifying that they are legally established in that State to practise their profession and that, as at the date of issue of the attestation, they are not subject to a ban, even of a temporary nature, on practising.
The attestation must be less than 3 months old at the time it is presented, and must where necessary be accompanied by a translation.
Processing the declaration
Once the file is complete, a copy of the declaration concerning the provision of services is sent by the Ministry of Health and Social Security to the Medical Board and to the social security bodies.
To speed up the processing of their application, pharmacists should ensure that their declaration contains all the required information and supporting documents.
Rules of conduct
Pharmacists who provide services in Luxembourg are subject to the Luxembourg rules of professional, regulatory or administrative conduct directly related to their professional qualifications, such as:
- the definition of the profession;
- the use of titles;
- serious professional misconduct having a direct and specific connection with the protection and safety of patients;
- the disciplinary provisions that apply to pharmacists who are legally established in Luxembourg.
Pharmacists providing services enjoy the same rights and are subject to the same obligations as professionals who are established in Luxembourg.
They are required to comply with the professional rules and code of ethics in force in Luxembourg.
Possibilities of appeal in the event of refusal
If the application is refused, the applicant may appeal the decision. The appeal must be filed with the administrative tribunal within one month of being notified of the decision.
Sanctions
The pharmacists' disciplinary, civil and criminal liability may be incurred if, owing to insufficient language skills, they make a mistake in the performance of their duties.
They also run the risk of imprisonment and a fine in the case of:
- illegal use of the title 'Doctor'; or
- illegal practice of the profession, or incitement to illegal practice of the profession.
Online services and forms
Who to contact
-
Ministry of Health and Social Security Health Professionals - Medical professions
- Address:
- 1, rue Charles Darwin L-1433 Luxembourg Luxembourg
- Phone:
- (+352) 247 85 505
- Email address:
- professions.medicales@ms.etat.lu
- Website:
- https://m3s.gouvernement.lu/en.html
Related procedures and links
Procedures
Links
Further information
-
Brochure études & métiers "Santé - médical"
sur Sante.lu
-
Pharmacien
sur Sante.lu
Legal references
-
Directive 2005/36 du Parlement européen et du Conseil du 7 septembre 2005
relative à la reconnaissance des qualifications professionnelles
- Code de la santé
-
Loi modifiée du 28 octobre 2016
relative à la reconnaissance des qualifications professionnelles
-
Loi modifiée du 31 juillet 1991
déterminant les conditions d'autorisation d'exercer la profession de pharmacien
-
Règlement grand-ducal modifié du 14 janvier 2013
fixant les conditions et les modalités de la prestation de services du médecin, du médecin-dentiste, du médecin-vétérinaire et du pharmacien, ainsi que des professionnels de santé
-
Arrêté ministériel du 11 juillet 2011
approuvant le code de déontologie des pharmaciens édicté par le Collège médical
