National Health (Pharmaceutical Benefits) Regulations (Amendment) (Cth)

Statutory Rules 1981 No. 2181

____________

National Health (Pharmaceutical Benefits) Regulations2 (Amendment)

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the National Health Act  1953.

 Dated 5 August 1981.

 ZELMAN COWEN

 Governor-General

 By His Excellency’s Command,

MICHAEL MacKELLAR

Minister of State for Health

_____________

Interpretation

 1. Regulation 5 of the National Health (Pharmaceutical Benefits) Regulations is amended by inserting in sub-regulation (1), after the definition of “approved hospital”, the following definitions:

“ ‘approved hospital authority’ means a hospital authority approved under section 94 of the Act;

‘approved medical practitioner’ means a medical practitioner approved under section 92 of the Act;”.

 2. Regulations 8 and 8A of the National Health (Pharmaceutical Benefits) Regulations are repealed and the following regulations substituted:

Application for approval by a pharmaceutical chemist, hospital authority or medical practitioner

“8.

The Permanent Head may refuse to entertain an application by a pharmaceutical chemist, a hospital authority or a medical practitioner for approval under Part VII of the Act unless the application—

• (a)

  in the case of an application for approval of a pharmaceutical chemist—is in accordance with Form A, Form B or Form C, as the case requires;

• (b)

  in the case of an application for approval of a hospital authority—is in accordance with Form D; and

• (c)

  in the case of an application for approval of a medical practitioner—is in accordance with Form E.

Numbering of approvals

“8A.

Where the Permanent Head approves—

• (a)

  a dental practitioner under section 84A of the Act;

• (b)

  a pharmaceutical chemist under section 90 of the Act;

• (c)

  a medical practitioner under section 92 of the Act; or

• (d)

  a hospital authority under section 94 of the Act,

he may allot a number to that approval.”.

Recovery of cost of pharmaceutical benefits prescribed for persons not entitled or in excessive quantities

 3. Regulation 20 of the National Health (Pharmaceutical Benefits) Regulations is amended by omitting paragraph (a) of sub-regulation (1) and substituting the following paragraph:

• “(a)

  a medical practitioner—

  • (i)

    before 1 December 1980—prescribed a pharmaceutical benefit, as specified in the report, in contravention of regulation 14 as in force on the date on which he prescribed the pharmaceutical benefit; or

  • (ii)

    on or after 1 December 1980—prescribed a pharmaceutical benefit, as specified in the report, otherwise than in a circumstance prescribed in relation to that pharmaceutical benefit by sub-regulation 14 (2) as in force on the date on which he prescribed the pharmaceutical benefit; or”.

Repeat authorizations

 4. Regulation 26 of the National Health (Pharmaceutical Benefits) Regulations is amended—

• (a)

  by inserting in sub-regulation (1) “, approved medical practitioner or approved hospital authority” after “pharmaceutical chemist”;

• (b)

  by inserting in sub-regulation (2) “, approved medical practitioner or approved hospital authority” after “pharmaceutical chemist”; and

• (c)

  by adding at the end thereof the following sub-regulation:

“(3) Where a pharmaceutical benefit is supplied by an approved hospital authority in the circumstances set out in sub-regulation (1), the approved hospital authority shall cause the requirements of sub-regulations (1) and (2) to be complied with by the medical practitioner or pharmaceutical chemist by whom, or under whose direct supervision, the pharmaceutical benefit is supplied.”.

Deferred supply authorizations

 5. Regulation 26A of the National Health (Pharmaceutical Benefits) Regulations is amended—

• (a)

  by inserting in sub-regulation (1) “, approved medical practitioner or approved hospital authority” after “pharmaceutical chemist”;

• (b)

  by inserting in sub-regulation (2) “, approved medical practitioner or approved hospital authority” after “pharmaceutical chemist”; and

• (c)

  by adding at the end thereof the following sub-regulation:

“(3) Where an approved hospital authority defers the supply of a pharmaceutical benefit in the circumstance set out in sub-regulation (1), the authority shall cause the requirements of sub-regulation (2) to be complied with by the medical practitioner or pharmaceutical chemist by whom, or under whose direct supervision, the other pharmaceutical benefit to which the prescription refers is supplied.”.

Schedule 6

6.

Schedule 6 to the National Health (Pharmaceutical Benefits) Regulations is repealed and the following Schedule substituted:

SCHEDULE 6

FORMS

 FORM A Regulation 8

COMMONWEALTH OF AUSTRALIA

National Health Act 1953

APPLICATION FOR APPROVAL AS A PHARMACEUTICAL CHEMIST

(by a Registered Pharmaceutical Chemist)

 

  of

trading as

hereby apply for approval as a pharmaceutical chemist under the National Health Act 1953 in respect of premises situated at .

hereby declare that registered as such under the laws of the

 of

 further declare that  willing to supply on demand, at or from the premises specified above pharmaceutical benefits in accordance with Part VII of the National Health Act1953 and the Regulations made under that Act.

Dated this day of 19 .

(Signature of applicant)

* Strike out whichever is inapplicable.

___________

 FORM B Regulation 8

COMMONWEALTH OF AUSTRALIA

National Health Act 1953

APPLICATION FOR APPROVAL AS A PHARMACEUTICAL CHEMIST

(by the Legal Personal Representative of a deceased Pharmacist)

 of

being the  of the estate of

a deceased pharmaceutical chemist, trading as

hereby apply for approval, as a pharmaceutical chemist under the National Health Act 1953 in respect of premises situated at .

 hereby declare that deceased, was at the time of his death on                                                         19 registered as a pharmaceutical chemist under the laws of the  of and was carrying on the business of a pharmaceutical chemist at the said premises.

 further declare that a registered pharmacist will supply on demand, at or from the premises specified above, pharmaceutical benefits in accordance with Part VII of the National Health Act  1953 and the Regulations made under that Act.

 

Dated this day of 19 .

(Signature of applicant)

* Strike out whichever is inapplicable.

_______________

 FORM C Regulation 8

COMMONWEALTH OF AUSTRALIA

National Health Act 1953

APPLICATION FOR APPROVAL AS A PHARMACEUTICAL CHEMIST

(by a friendly society or a friendly society body)

I,

                                                              of                                                                     , the person authorized to make this application by  , which is a friendly society or body carrying on business for the benefit of members of a friendly society or friendly societies, hereby apply for approval of that friendly society or body as a pharmaceutical chemist under  of the National Health Act 1953 in respect of premises situated

The friendly society or body is prepared to supply on demand, at or from its premises specified above, pharmaceutical benefits in accordance with Part VII of the National Health Act 1953 and the Regulations made under that Act.

*I declare that the friendly society or body was carrying on the business of a pharmaceutical chemist on the twenty-third day of April, 1964.

Dated this  day of  19 .

(Signature of person authorized to make application)

*Strike out whichever is inapplicable

_______________

 FORM D Regulation 8

COMMONWEALTH OF AUSTRALIA

APPLICATION FOR APPROVAL AS A HOSPITAL AUTHORITY FOR THE PURPOSE OF SUPPLYING PHARMACEUTICAL BENEFITS

National Health Act 1953

I, of

the person authorized to make this application by the  of the

Hospital, which is a  hospital, hereby apply under the National Health Act 1953 for approval of that hospital authority for the purpose of supplying pharmaceutical benefits to patients receiving treatment in or at that hospital.

The hospital authority is prepared to supply pharmaceutical benefits in accordance with Part VII of the National Health Act 1953 and the Regulations made under that Act.

The dispensing of drugs and medicinal preparations at the hospital is performed by or under the direct supervision of a registered pharmaceutical chemist or a registered medical practitioner.

Dated this  day of  19 .

(Signature of person authorized to make application)

*Strike out whichever is inapplicable

_______________

 FORM E Regulation 8

COMMONWEALTH OF AUSTRALIA

National Health Act 1953

APPLICATION FOR APPROVAL TO SUPPLY PHARMACEUTICAL BENEFITS

(by a Registered Medical Practitioner)

I, of

hereby apply for approval to supply pharmaceutical benefits under Section 92 of the National Health Act 1953, in the area of .

The nearest Pharmaceutical Chemist is located at

I hereby declare that I am a medical practitioner registered as such under the laws of the State of

Medical Registration Certificate Number

Dated this  day of  19 .

(Signature of applicant)

NOTES

1. Notified in the Commonwealth of Australia Gazette on 14 August 1981.

2. Statutory Rules 1960 No. 17 as amended to date. For previous amendments see Note 2 to Statutory Rules 1981 No. 52 and see also