National Health Amendment (Pharmaceutical Benefits) Act 2007 (Cth)

National Health Amendment (Pharmaceutical Benefits) Act 2007

No. 169, 2007

An Act to amend the National Health Act 1953 in relation to the Pharmaceutical Benefits Scheme, and for other purposes

Contents

National Health Amendment (Pharmaceutical Benefits) Act 2007

No. 169, 2007

An Act to amend the National Health Act 1953 in relation to the Pharmaceutical Benefits Scheme, and for other purposes

[Assented to 28 September 2007]

The Parliament of Australia enacts:

1Short title

This Act may be cited as the National Health Amendment (Pharmaceutical Benefits) Act 2007.

2Commencement

1. (1)

   Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Commencement information
Column 1	Column 2	Column 3
Provision(s)	Commencement	Date/Details
1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table	The day on which this Act receives the Royal Assent.	28 September 2007
2. Schedule 1, items 1 to 11	The day on which this Act receives the Royal Assent.	28 September 2007
3. Schedule 1, items 12 and 13	1 January 2008.	1 January 2008
4. Schedule 1, items 14 to 35	The day on which this Act receives the Royal Assent.	28 September 2007
5. Schedule 1, item 36	1 January 2008.	1 January 2008
6. Schedule 1, items 37 to 42	The day on which this Act receives the Royal Assent.	28 September 2007
7. Schedule 1, item 43	1 January 2008.	1 January 2008
8. Schedule 1, items 44 to 71	The day on which this Act receives the Royal Assent.	28 September 2007
9. Schedule 2	The day after this Act receives the Royal Assent.	29 September 2007

Note: This table relates only to the provisions of this Act as originally passed by both Houses of the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.

1. (2)

   Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.

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Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.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 1Optometrists

Health Insurance Act 1973

1. 1

   Subsection 81(1) (paragraph (b) of the definition of service)

   Omit “practitioner or a dental practitioner”, substitute “practitioner, a dental practitioner or an optometrist”.

2

Paragraph 92(2)(e)

Omit “a medical practitioner or a dental practitioner”, substitute “a person”.

3

Subsection 92(7) (after paragraph (b) of the definition of Part VII authority)

Insert:

1. (ba)

   the approval of an optometrist as an authorised optometrist under section 84AAB of that Act;

4

Paragraph 106U(1)(f)

Omit “a medical practitioner or a dental practitioner”, substitute “a person”.

5

Subsection 106U(5) (after paragraph (b) of the definition of Part VII authority)

Insert:

1. (ba)

   the approval of an optometrist as an authorised optometrist under section 84AAB of that Act;

National Health Act 1953

6

Subsection 4(2)

Omit “88(1) or (1A)”, substitute “88(1), (1A) or (1C)”.

7

Subsection 84(1)

Insert:

authorised optometrist means an optometrist in relation to whom an approval is in force under section 84AAB.

8

Subsection 84(1)

Insert:

optometrist means a person registered or licensed as an optometrist or optician under a law of a State or an internal Territory that provides for the registration or licensing of optometrists or opticians.

9

Subsection 84(1)

Insert:

PBS prescriber means:

1. (a)

   a medical practitioner; or

2. (b)

   a participating dental practitioner; or

3. (c)

   an authorised optometrist.

10

Subsections 84AA(1) and (1A)

Omit “medical practitioner or by a participating dental practitioner”, substitute “PBS prescriber”.

11

After section 84A

Insert:

84AABAuthorised optometrists

1. (1)

   An optometrist may apply to the Secretary, in writing, to be an authorised optometrist for the purposes of this Part.

2. (2)

   The Secretary may approve the application if satisfied that the optometrist meets the criteria determined under paragraph (3)(a). The approval is subject to any conditions determined under paragraph (3)(b).

3. (3)

   The Minister may, by legislative instrument, determine either or both of the following:

   1. (a)

      criteria by which applications are to be considered under this section;

   2. (b)

      conditions to which approvals under this section are subject.

4. (4)

   The Secretary must, as soon as is practicable, approve or reject an application under subsection (1) and notify the applicant in writing of the decision.

   Note: Section 105AC requires the person to be notified of the person’s review rights.

84AACSecretary may suspend or revoke approval

1. (1)

   The Secretary may suspend or revoke an approval under section 84AAB if satisfied that the optometrist to whom the approval relates:

   1. (a)

      does not, at the time of the suspension or revocation, meet the criteria that would apply if the optometrist were to apply under subsection 84AAB(1) to be an authorised optometrist at that time; or

   2. (b)

      has breached a condition to which the approval is subject under paragraph 84AAB(3)(b); or

   3. (c)

      has breached a condition to which an approval would be subject under paragraph 84AAB(3)(b) if the person were to apply under subsection 84AAB(1) to be an authorised optometrist at that time.

2. (2)

   Before deciding to suspend or revoke the approval, the Secretary must notify the optometrist that suspension or revocation is being considered. The notice must:

   1. (a)

      be in writing; and

   2. (b)

      include the Secretary’s reasons for considering the suspension or revocation; and

   3. (c)

      invite the optometrist to make written submission to the Secretary within the period of 28 days (the submission period) after being given the notice.

3. (3)

   In deciding whether to suspend or revoke the approval, the Secretary must consider any written submissions made by the optometrist during the submission period.

4. (4)

   The Secretary must give to the optometrist written notice of the decision. If the decision is to suspend an approval, the notice must specify the period for which the approval is suspended.

   Note: Section 105AC requires the person to be notified of the person’s review rights.

5. (5)

   If the Secretary does not give the optometrist written notice of the decision within the period of 60 days after the end of the submission period, the Secretary is taken to have decided not to suspend or revoke the approval.

6. (6)

   If the Secretary suspends the approval, the Secretary may, by written notice at any time, further suspend or revoke the approval under subsection (1) or remove the suspension.

84AADReview of decisions

1. (1)

   If the Secretary:

   1. (a)

      decides not to approve an optometrist under section 84AAB; or

   2. (b)

      suspends or revokes the approval of an optometrist under section 84AAC;

the optometrist may apply, in writing, to the Secretary for reconsideration by the Secretary of the decision.

1. (2)

   On receiving an application under subsection (1) relating to a decision not to approve an optometrist under section 84AAB, the Secretary must reconsider the decision and:

   1. (a)

      affirm the decision; or

   2. (b)

      approve the optometrist.

An approval under paragraph (b) is taken, for the purposes of this Act, to be an approval under section 84AAB.

1. (3)

   On receiving an application under subsection (1) relating to a suspension or revocation of the approval of an optometrist under section 84AAC, the Secretary must reconsider the decision and:

   1. (a)

      affirm the suspension or revocation; or

   2. (b)

      reinstate the approval of the optometrist.

A reinstatement under paragraph (b) has effect as if the approval had never been revoked.

1. (4)

   The Secretary must give to the applicant written notice of the Secretary’s decision under subsection (2) or (3).

   Note: Section 105AC requires the person to be notified of the person’s review rights.

2. (5)

   In this section:

decision has the same meaning as in the Administrative Appeals Tribunal Act 1975.

12

Subparagraph 84C(4)(a)(i)

Omit “medical practitioner or a participating dental practitioner” (wherever occurring), substitute “PBS prescriber”.

13

Paragraph 86(b)

Repeal the paragraph, substitute:

1. (b)

   is receiving:

   1. (i)

      medical treatment by a medical practitioner; or

   2. (ii)

      dental treatment by a participating dental practitioner; or

   3. (iii)

      optometrical treatment by an authorised optometrist;

14

Paragraph 86D(2)(b)

Omit “medical practitioner or participating dental practitioner”, substitute “PBS prescriber”.

Note: The heading to subsection 86D(2) is altered by omitting “medical practitioners or participating dental practitioners” and substituting “PBS prescribers”.

15

Before subsection 88(2)

Insert:

1. (1C)

   Subject to this Part, an authorised optometrist is authorised to write a prescription on or after 1 January 2008 for the supply of any pharmaceutical benefit determined from time to time by the Minister for the purposes of this subsection, by notice published in the Gazette.

2. (1D)

   When writing a prescription under subsection (1C) for the supply of a pharmaceutical benefit that has a pharmaceutical item, the authorised optometrist, in identifying the pharmaceutical benefit to be supplied, need not specify:

   1. (a)

      a listed brand of the pharmaceutical item in the pharmaceutical benefit; or

   2. (b)

      the manner of administration of the pharmaceutical item in the pharmaceutical benefit.

16

Subsection 88(2)

Omit “medical practitioner or a participating dental practitioner”, substitute “PBS prescriber”.

17

Subsection 88(3)

Repeal the subsection, substitute:

1. (3)

   A prescription for the supply of a pharmaceutical benefit must not be written:

   1. (a)

      by a medical practitioner otherwise than in relation to the medical treatment of a person requiring that pharmaceutical benefit; or

   2. (b)

      by a participating dental practitioner otherwise than in relation to the dental treatment of a person requiring that pharmaceutical benefit; or

   3. (c)

      by an authorised optometrist otherwise than in relation to the optometrical treatment of a person requiring that pharmaceutical benefit.

18

Subsection 88(3A)

Omit “medical practitioner or a participating dental practitioner”, substitute “PBS prescriber”.

19

Subparagraph 88(3A)(b)(ii)

Omit “practitioner’s”, substitute “PBS prescriber’s”.

20

Subsection 88(3B)

Omit “medical practitioner or a participating dental practitioner”, substitute “PBS prescriber”.

21

Subsection 88(3B)

Omit “practitioner” (last occurring), substitute “PBS prescriber”.

22

Paragraph 88(3C)(a)

Omit “medical practitioner or a participating dental practitioner”, substitute “PBS prescriber”.

23

Paragraph 88(3C)(b)

Omit “practitioner”, substitute “PBS prescriber”.

24

Subsection 88(4)

Omit “medical practitioner or a participating dental practitioner”, substitute “PBS prescriber”.

25

Subsection 88(4)

Omit “medical practitioner or the participating dental practitioner, as the case may be,”, substitute “PBS prescriber”.

26

Subsections 88(5) and (7)

Omit “medical practitioner or a participating dental practitioner”, substitute “PBS prescriber”.

27

Paragraph 88AA(1)(a)

Omit “medical practitioner or a participating dental practitioner”, substitute “PBS prescriber”.

Note: The heading to section 88AA is altered by omitting “medical practitioners and participating dental practitioners” and substituting “PBS prescribers”.

28

Paragraph 88AA(1)(b)

Omit “practitioner”, substitute “PBS prescriber”.

29

Subsection 88AA(1)

Omit “practitioner may”, substitute “PBS prescriber may”.

30

Paragraph 88AA(1)(c)

Omit “practitioner’s”, substitute “PBS prescriber’s”.

31

Paragraph 88AA(1)(d)

Omit “practitioner”, substitute “PBS prescriber”.

32

Subsection 88AA(2)

Omit “practitioner’s”, substitute “PBS prescriber’s”.

33

Subsection 88AA(3)

Omit “medical practitioner or a participating dental practitioner”, substitute “PBS prescriber”.

Note: The heading to subsection 88AA(3) is altered by omitting “Practitioner” and substituting “PBS prescriber”.

34

Subsection 88AA(3)

Omit “practitioner’s”, substitute “PBS prescriber’s”.

35

Paragraph 88AA(3)(b)

Omit “practitioner” (wherever occurring), substitute “PBS prescriber”.

36

Paragraph 89(a)

Omit “medical practitioner or a participating dental practitioner” (wherever occurring), substitute “PBS prescriber”.

37

After paragraph 98(1)(b)

Insert:

1. or (c)

   an authorised optometrist requests that his or her approval as an authorised optometrist under section 84AAB be cancelled;

38

After paragraph 99ZJ(4)(a)

Insert:

1. (aa)

   an optometrist’s letter signed on or after 1 January 2008 to that effect; or

39

Subparagraph 99ZJ(4)(b)(ii)

After “prescribed the substances”, insert “, or the name and address of the optometrist who prescribed the substances on or after 1 January 2008”.

40

Paragraph 99ZK(3)(c)

Repeal the paragraph, substitute:

1. (c)

   in the case of a statement under subparagraph (2)(b)(iii)—include in the article:

   1. (i)

      a medical practitioner’s letter; or

   2. (ii)

      a dental practitioner’s letter; or

   3. (iii)

      an optometrist’s letter signed on or after 1 January 2008; or

   4. (iv)

      any other documentary evidence to support that statement.

41

Paragraph 103(4AA)(a)

Omit “or dental treatment”, substitute “, dental or optometrical treatment”.

42

Subsection 103(4A)

Omit “medical practitioner or participating dental practitioner”, substitute “PBS prescriber”.

43

Paragraph 103(5)(d)

Omit “medical practitioner or a participating dental practitioner”, substitute “PBS prescriber”.

44

After subsection 105AB(1AA)

Insert:

1. (2)

   An application may be made to the Tribunal for review of a decision of the Secretary under paragraph 84AAD(2)(a) or (3)(a).

45

Subsection 107(1A)

Omit “participating dental practitioner”, substitute “PBS prescriber”.

46

Subsections 117(1) and (2)

Omit “medical practitioner or a participating dental practitioner”, substitute “PBS prescriber”.

Note: The heading to section 117 is altered by omitting “medical practitioners or participating dental practitioners” and substituting “PBS prescribers”.

47

Subsection 125(1)

Omit “medical practitioner, a participating dental practitioner”, substitute “PBS prescriber”.

Note: The heading to section 125 is altered by omitting “Medical practitioner, dental practitioner” and substituting “PBS prescriber”.

48

Subsection 125(1)

Omit “medical practitioner, participating dental practitioner”, substitute “PBS prescriber”.

49

Subsections 125(2), (4) and (5)

Omit “medical practitioner, a participating dental practitioner”, substitute “PBS prescriber”.

50

Subsection 125(5)

Omit “medical practitioner, participating dental practitioner” (wherever occurring), substitute “PBS prescriber”.

51

Subsection 125(7)

Omit “medical practitioners, participating dental practitioners”, substitute “PBS prescribers”.

52

Subsection 125(7)

Omit “medical practitioner, a participating dental practitioner”, substitute “PBS prescriber”.

53

Subsection 133(1)

Omit “a participating dental practitioner or an approved pharmacist”, substitute “other PBS prescriber or an approved pharmacist (a defendant)”.

54

Paragraphs 133(1)(a) and (b)

After “in the case of a”, insert “defendant who is a”.

55

After paragraph 133(1)(b)

Insert:

1. (ba)

   in the case of a defendant who is an authorised optometrist—suspend the approval of that person under section 84AAB; or

56

Paragraph 133(1)(c)

Omit “in the case of an”, substitute “in the case of a defendant who is an”.

57

Subsections 133(2) and (5)

After “dental practitioner” (wherever occurring), insert “, optometrist”.

58

Subsection 133(6)

After “a dental practitioner”, insert “, an optometrist”.

59

Subsection 133(7)

Insert:

authorised optometrist has the same meaning as in Part VII.

60

Subsection 133(7)

Insert:

PBS prescriber has the same meaning as in Part VII.

61

After paragraph 134(1)(b)

Insert:

1. or (c)

   the approval of an optometrist as an authorised optometrist under section 84AAB is suspended or revoked;

62

Subsection 134(1)

Omit “practitioner or dental practitioner” (wherever occurring), substitute “practitioner, dental practitioner or optometrist”.

63

Subsection 135A(8)

After “a dental service,”, insert “an optometrical service,”.

64

Paragraph 135AAA(1)(a)

Omit “medical practitioner or participating dental practitioner”, substitute “PBS prescriber”.

65

Subsection 135AAA(1)

Omit “such a practitioner”, substitute “a PBS prescriber”.

66

Paragraph 135AAA(2)(c)

Omit “medical practitioner or participating dental practitioner”, substitute “PBS prescriber”.

67

Subparagraphs 135AAA(5)(a)(i) and (ii)

Omit “medical practitioner or participating dental practitioner”, substitute “PBS prescriber”.

68

Subsection 135AAA(10) (definition of participating dental practitioner)

Repeal the definition.

69

Subsection 135AAA(10)

Insert:

PBS prescriber has the same meaning as in Part VII.

70

Subsection 135AAA(11)

Omit “medical practitioner or a participating dental practitioner”, substitute “PBS prescriber”.

71

After paragraph 139A(1)(da)

Insert:

1. (db)

   a person was or was not an authorised optometrist under section 84AAB;

Schedule 2Approved pharmacists

National Health Act 1953

1

Before subsection 4(5)

Insert:

1. (3)

   A reference in this Act to the supply of pharmaceutical benefits at premises is a reference to the supply of pharmaceutical benefits to people who are at the premises when the supply is made.

2

Subsection 90(1)

Omit “who is willing to supply pharmaceutical benefits on demand”, substitute “for approval to supply pharmaceutical benefits”.

3

Subsection 90(1)

Omit “or from”.

4

Subsection 90(2)

Omit “or from several premises (being premises at which he or she carries on, or is about to carry on, business as a pharmacist)”, substitute “more than 1 premises,”.

5

Subsection 90(3)

Omit “or from premises (being premises at which the pharmacist carries on, or is about to carry on, business as a pharmacist)”, substitute “premises”.

6

Subsection 90(3AD)

Omit “or from”.

7

After subsection 90(3C)

Insert:

1. (3D)

   The Secretary must not grant approval under this section to a pharmacist in respect of particular premises if the Secretary is satisfied that on or after the day the approval would otherwise be granted:

   1. (a)

      the pharmacist would be unable to supply pharmaceutical benefits at the premises; or

   2. (b)

      the premises would not be accessible by members of the public for the purpose of receiving pharmaceutical benefits at times that, in the opinion of the Secretary, are reasonable.

8

After subsection 90(5)

Insert:

1. (5AA)

   If, under this section, a pharmacist is granted approval to supply pharmaceutical benefits at particular premises, the pharmacist may also supply pharmaceutical benefits from those premises.

9

Subsections 90(6) and (8)

Omit “or from”.

10

Subsections 90A(1), (2) and (6)

Omit “or from”.

11

Section 90E

Omit “or from”.

12

Subsections 91(1) and (2)

Omit “or from” (wherever occurring).

13

Subsection 91(7)

Omit “or from” (first occurring).

14

Subsection 91(10)

Omit “or from”.

15

Paragraph 91(11)(b)

Omit “or from”.

16

Subsection 98(3)

Repeal the subsection, substitute:

1. (3)

   If the Secretary is satisfied that:

   1. (a)

      an approved pharmacist is not carrying on business as a pharmacist at premises in respect of which the pharmacist is approved; or

   2. (b)

      the premises are not accessible by members of the public for the purpose of receiving pharmaceutical benefits at times that, in the opinion of the Secretary, are reasonable;

then the Secretary may (at his or her discretion), by notice in writing to the pharmacist, cancel the approval of the pharmacist under section 90.

17

Subsection 98(5)

Omit “or from”.

18

At the end of section 98

Add:

1. (6)

   For the purposes of this section, an approved pharmacist is taken not to be carrying on business as a pharmacist if the approved pharmacist is not supplying pharmaceutical benefits in the course of carrying on the business.

19

Paragraph 99(3A)(c)

Omit “or from”.

20

Paragraph 139A(1)(e)

Omit “or from”.

21

Application

(1) The amendments made by this Schedule to section 98 of the National Health Act 1953 apply on and after the commencement of this Schedule to approvals granted under section 90 of that Act before, on or after that commencement.

(2) The other amendments made by this Schedule apply to approvals granted under section 90 of the National Health Act 1953 on or after the commencement of this Schedule.

[Minister’s second reading speech made in—

Senate on 15 August 2007

House of Representatives on 20 September 2007]

(155/07)