I farmaci galenici sono dei medicinali che vengono preparati dal farmacista seguendo le indicazioni del medico curante, e in questo caso il rimedio è destinato solo a uno specifico paziente, oppure tramite una serie di formule officinali che vengono preparate in base alle indicazioni della farmacopea europea o ufficiale della Repubblica italiana e sono acquistabili da tutti i clienti. Molti preparati galenici venivano impiegati anche nelle diete, ma adesso, in seguito a una sentenza della Cassazione, sono stati stabiliti alcuni limiti nella vendita di tali farmaci.
La Cassazione, infatti, ha stabilito che la vendita di farmaci per dimagrire preparati dal farmacista è vietata senza l’autorizzazione comunitaria o dall’Agenzia del farmaco; ciò prevede una sola eccezione, ossia quando le preparazioni galeniche per dimagrire sono dirette ad una “specifica occasione” e solo dietro presentazione della ricetta del medico.
Il motivo di tale sentenza risale a un anno fa quando i Nas dei Carabinieri di Caserta sequestrarono 92 confezioni di prodotti galenici dimagranti in una farmacia di Cervino, senza trovare le rispettive ricette mediche; il Tribunale di Santa Maria Capua Vetere convalidò il sequestro probatorio e adesso la Terza sezione penale ha confermato l’ordinanza con sentenza numero 3386/2012.
Il farmacista in questione fece ricorso in Cassazione chiedendo il dissequestro dei medicinali spiegando che tali prodotti erano delle preparazioni galeniche magistrali rivolte solo ai suoi clienti in quanto specialista nelle malattie del metabolismo, e non destinate alla libera vendita. La Cassazione ha comunque respinto il ricorso e ha stabilito i limiti della vendita dei medicinali galenici, ossia:
La estemporaneità, nel senso che il medicinale galenico deve essere preparato dal farmacista per la specifica occasione; un limite quantitativo, nel senso che la preparazioni deve essere fatta per unità; una garanzia sanitaria perché tale preparazione deve essere fatta nella farmacia dietro presentazione di ricetta medica.
[Fonte]
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