Pharmacy reopens the file to establish the new pharmacy offices

The General Directorate of Pharmacy of the Department of Health has initiated ex officio a new administrative proceeding to determine the number of new pharmacy offices needed to provide adequate pharmaceutical care to the population of the Valencian Community, in application of the general module. The decision is published in the Official Gazette of the Generalitat Valenciana (DOGV) no. 10459, of September 25, 2026, through the Resolution of September 2, 2026 (official reference DOGV-C-2026-28307). The procedure is reopened after the courts annulled the previous resolution due to expiration.

The origin: a ruling that annuls the previous planning

The proceeding responds to Ruling no. 119/2026, of April 21, 2026, of the Contentious-Administrative Chamber, Fourth Section, of the High Court of Justice of the Valencian Community (TSJCV), which annulled the Resolution of May 10, 2025, of the Regional Secretariat of Health, by which the number of new pharmacy offices needed was determined. The reason for the annulment was the expiration of the procedure.

The General Directorate invokes article 95.3, according to which, when it is possible to initiate a new procedure because prescription has not occurred, the acts and formalities whose content would have remained the same had the expiration not occurred may be incorporated into it. Therefore, the population data and the number of authorized pharmacy offices per municipality to be taken into account are those corresponding to the start of the proceeding, as of March 8, 2024.

Affected municipalities and scope of the procedure

The procedure will necessarily take into account all municipalities and local entities of a scope smaller than a municipality with a population exceeding 250 inhabitants in the Valencian Community. Furthermore, it will be understood that the opening of new pharmacy offices is not appropriate in those municipalities or local entities that do not appear in the list contained in the resolution of the Regional Secretariat of Health.

The applicable regulatory framework is as follows:

• Article 5 of Law 6/1998, of June 22, on pharmaceutical regulation of the Valencian Community, which subjects pharmacy offices to prior administrative authorization for their creation.
• Articles 16 and following of the same law, which establish the planning criteria.
• Decree 149/2011, of October 5, of the Valencian Government, which establishes the procedure for the authorization of new pharmacy offices.
• Decree 22/2025, of February 11, of the Consell, by which the organic and functional Regulations of the Department of Health are approved.

Deadlines, hearing, and competent body

The resolution of the procedure corresponds to the Regional Health Secretariat. The maximum period for resolution shall be six months starting from the day following the publication of the resolution in the DOGV, and the effects of the lack of an express resolution shall be dismissive.

A hearing process has been initiated for a period of fifteen days, counted from the day following publication, so that interested parties may review the proceedings and submit in writing any allegations they deem appropriate. The consultation will take place at the General Directorate of Pharmacy, Pharmaceutical Regulation and Medicine Control Section, located at calle del Micer Mascó, no. 31, 46010 València, Monday to Friday, from 09:00 to 14:30 hours, by prior appointment at socvpf.dgfarmacia@gva.es. The resolution is signed by Elena Gras Colomer, Director General of Pharmacy.

The new file reopens the pharmaceutical planning of the Comunitat Valenciana and directly affects pharmacists aspiring to a new authorization and municipalities waiting to expand their healthcare coverage. The incorporation of the March 2024 data and the six-month deadline mark the timing of a process that starts over following the judicial setback.

Source: Diari Oficial de la Generalitat Valenciana, no. 10459, September 25, 2026, section III (Administrative acts, C) Other matters), pág. 1-2 (official reference: DOGV-C-2026-28307).