National Health Amendment (Fifth Community Pharmacy Agreement Initiatives) Act 2012 (Cth)

National Health Amendment (Fifth Community Pharmacy Agreement Initiatives) Act 2012

No. 8, 2012

An Act to amend the National Health Act 1953, and for related purposes

Contents

National Health Amendment (Fifth Community Pharmacy Agreement Initiatives) Act 2012

No. 8, 2012

An Act to amend the National Health Act 1953, and for related purposes

[Assented to 20 March 2012]

The Parliament of Australia enacts:

1Short title

This Act may be cited as the National Health Amendment (Fifth Community Pharmacy Agreement Initiatives) Act 2012.

2Commencement

This Act commences on 1 July 2012.

3Schedule(s)

Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1The Continued Dispensing Initiative

National Health Act 1953

1

Paragraph 89(b)

After “provisions of”, insert “section 89A,”.

2

After section 89

Insert:

89AWhen pharmaceutical benefits may be supplied by approved pharmacists without prescription

1. (1)

   An approved pharmacist may, at or from premises in respect of which the pharmacist is for the time being approved, supply a pharmaceutical benefit without a prescription for that supply if:

   1. (a)

      the pharmaceutical benefit is covered by an instrument made under subsection (3); and

   2. (b)

      the supply is made in accordance with conditions that are specified in an instrument made under subsection (3).

2. (2)

   If an approved pharmacist makes a supply in accordance with subsection (1), then this Act (other than paragraph 89(a)) applies in relation to the supply as if:

   1. (a)

      a person had presented the pharmacist with a prescription that:

      1. (i)

         had been written by a PBS prescriber in accordance with this Act and the regulations; and

      2. (ii)

         did not contain a medicare number; and

   2. (b)

      a reference in this Part to a prescription for the supply of a pharmaceutical benefit to a person who is a holder of a concession card or an entitlement card included a reference to a supply made in accordance with subsection (1) to a person who is a holder of a concession card or an entitlement card on the day of the supply; and

   3. (c)

      the following provisions were omitted:

      1. (i)

         subsection 84(2A) and paragraph 84(10)(a);

      2. (ii)

         section 84AA;

      3. (iii)

         subparagraph 86B(3)(b)(i) and paragraph 86B(4)(e);

      4. (iv)

         paragraphs 86C(3)(c) and (6)(e);

      5. (v)

         paragraph 92A(1)(ca); and

   4. (d)

      the words “, in accordance with section 84AA,” in the definitions of concessional benefit prescription, concession card prescription and entitlement card prescription in subsection 84(1) were omitted.

3. (3)

   The Minister may, by legislative instrument, determine:

   1. (a)

      the pharmaceutical benefits that may be supplied by an approved pharmacist without a prescription; and

   2. (b)

      the conditions that must be satisfied when making a supply of those pharmaceutical benefits.

4. (4)

   The Minister must publish statistics annually for each pharmaceutical item supplied under subsection (1).

5. (5)

   The Minister must:

   1. (a)

      cause a written report to be prepared of a review of this section no more than two years from the commencement of the section; and

   2. (b)

      cause a copy of the report to be laid before each House of the Parliament within six months of the commencement of the review.

3

Application of amendments

The amendments made by this Schedule apply to supplies that are made on and after the day this Schedule commences.

Schedule 2The Medication Chart Initiative

National Health Act 1953

1

At the end of subsection 93A(2)

Add:

Note: Subsection 33(3A) of the Acts Interpretation Act 1901 applies to a determination under subsection (2). This means that, for example, a determination could determine conditions for private hospitals that are different from conditions that are determined for residential care services.

Schedule 3Prescriptions for the supply of pharmaceutical benefits

National Health Act 1953

1

After subsection 85A(2)

Insert:

1. (2A)

   The Minister may determine that particular conditions must be satisfied when writing a prescription to which a determination under paragraph (2)(a) or (b) applies.

2

After subsection 85A(3)

Insert:

1. (3A)

   The Minister may determine rules that must be applied when deciding whether to authorise a variation under regulations made for the purposes of subsection (3).

3

Subsection 85A(4)

Repeal the subsection, substitute:

1. (4)

   A determination made under subsection (1), (2), (2A) or (3A) is a legislative instrument.

4

Application of amendments

The amendments made by this Schedule apply to prescriptions that are written on and after the day this Schedule commences.

[Minister’s second reading speech made in—

House of Representatives on 23 November 2011

Senate on 27 February 2012]

(252/11)