ILLEGAL REQUIREMENT OF THE EMPLOYER FOR PHARMACISTS WHO RECEIVED HIGHER EDUCATION BEFORE 1992/93 TO PROVIDE CONFIRMATION OF INTERNSHIP

There are cases when persons who wish to enter into labor relations in the field of pharmacy (pharmacists) apply for legal assistance on the subject of the fact that employers require to provide confirmation of the completion of an internship by such persons. This article applies specifically to pharmacists who received higher education before 1992.

Employers refer to the provisions stipulated by the Order of the Ministry of Health of Ukraine dated 22.06.2021 No. 1254 "On Approving the Regulations on Internship", on the basis of which the Order of the Ministry of Health of Ukraine dated 19.09.1996 No. 291 "On approval of the Regulation on the specialization (internship) of graduates of higher medical and pharmaceutical educational institutions of the III-IV accreditation level of medical faculties of universities", as well as the Order of the Ministry of Health of Ukraine dated 06.20.1994 No. 104 "On the approval of the Regulation on primary specialization", which also previously expired on the basis of the previous Order.

Order of the Ministry of Health of Ukraine dated June 20, 1994 No. 104 in clause 1.1. determines that the internship is mandatory for all graduates of pharmaceutical institutions and faculties in order to obtain the qualification of a pharmacist.

The orders of the Ministry of Health of Ukraine described above were adopted on the basis of Resolution No. 96 of the Cabinet of Ministers of Ukraine dated February 27, 1992.

WHAT SHOULD PHARMACISTS (PHARMACISTS) DO, WHO OBTAINED QUALIFICATION AS A PHARMACIST BEFORE 1992?

The fact is that most people who do not have a legal education are not familiar with such a concept as the hierarchy of legal acts. Thus, the provisions of the Order of the Ministry of Health of Ukraine cannot contradict, for example, the provisions stipulated by the Resolutions of the Cabinet of Ministers of Ukraine.

Thus, the above-mentioned orders of the Ministry of Health, adopted on the basis of Resolution No. 96 of the Cabinet of Ministers of Ukraine dated 27.02.1991, which in paragraph 1 specifies that in agreement with the Ministry of Higher Education of Ukraine, the Ministry of Health of Ukraine, the Ministry of Economy of Ukraine, the Ministry of Finance In Ukraine, it was decided to establish from the beginning of the 1992/93 academic year mandatory internship for those seeking the specialization of a pharmacist (pharmacist).

Thus, specialists in the field of pharmacy who received a higher education before 1992 and obtained the qualification of a pharmacist are not obliged to provide confirmation that they have completed an internship upon employment, since according to the current regulatory legal acts of Ukraine, such an obligation is provided only for persons, who received higher education in the field of pharmacy after 1992.

In addition, it is worth paying attention to the fact that according to the order of the Ministry of Economy of Ukraine dated 25.10.2021 "On the approval of Amendment No. 10 of the national classifier DK 003:2010, the specialty of a pharmacist is currently called a pharmacist, while a pharmacist-intern is currently called intern pharmacist.