National Health (Continued Dispensing – Emergency Measures) Amendment Determination 2021 (No. 8)

Administered by Department of Health, Disability and Ageing

Legislation au F2021L01214 Not in force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

 

National Health Act 1953

NATIONAL HEALTH (CONTINUED DISPENSING – EMERGENCY MEASURES) AMENDMENT DETERMINATION 2021 (No. 8)

PB 90 of 2021

 

Purpose

The purpose of this legislative instrument, made under subsection 89A(3) of the National Health Act 1953 (the Act), is to amend the National Health (Continued Dispensing – Emergency Measures) Determination 2020 to make changes to the pharmaceutical benefits eligible to be provided as a Continued Dispensing supply.

The National Health (Continued Dispensing – Emergency Measures) Determination 2020 (the Principal Instrument) expands the list of pharmaceutical benefits that can be supplied by an approved pharmacist under Part VII of the Act without a prescription, and provides the conditions for such a supply (a ‘Continued Dispensing’ supply).

The amendments made by this instrument reflect amendments to the National Health (Listing of Pharmaceutical Benefits) Instrument 2012 (PB 71 of 2012), which commence on the same day. The National Health (Listing of Pharmaceutical Benefits) Instrument 2012 (PB 71 of 2012) is made under sections 84AF, 84AK, 85, 85A, 88 and 101 of the Act.

Authority

Subsection 89A(3) of the National Health Act 1953 (the Act) provides that the Minister may determine the pharmaceutical benefits that can be supplied by an approved pharmacist under Part VII of the Act without a prescription, and the conditions for such a supply (‘Continued Dispensing’).

This instrument does not override state and territory poisons laws. States and territories have been informed of the intended Commonwealth changes and asked to consider amendments that may be required to their law to allow access to the eligible medicines.

Amendments made by this Instrument

Schedule 1 to this instrument provides for the addition of the listed drugs cariprazine, obeticholic acid, prednisolone acetate, and vedolizumab, and for the addition of forms of the listed drugs adrenaline (epinephrine), amino acid formula with fat, carbohydrate, vitamins, minerals, trace elements and medium chain triglycerides, diazepam, and high fat formula with vitamins, minerals and trace elements and low in protein and carbohydrate to the list of pharmaceutical benefits that may be supplied as a Continued Dispensing supply.  It also provides for the deletion of forms of the listed drugs diazepam, fluoxetine, high fat formula with vitamins, minerals and trace elements and low in protein and carbohydrate, metformin, olaparib, and trihexyphenidyl from this list.  These changes are summarised, by subject matter, in the Attachment.

Consultation

This instrument affects approved pharmacists, at or from premises in respect of which the pharmacist is for the time being approved, supplying a pharmaceutical benefit. Consultation was undertaken prior to commencement of the Principal Instrument with relevant peak bodies including the Pharmaceutical Society of Australia and the Pharmacy Guild of Australia. The Department has also undertaken direct consultation with Services Australia and has consulted with state and territory Departments of Health about implementation.

It was considered that further consultation for this instrument was unnecessary due to the nature of the consultation that had already taken place.

General

A provision-by-provision description of this instrument is contained in the Attachment.

This instrument commences on 1 September 2021.

This instrument is a legislative instrument for the purposes of the Legislation Act 2003.


ATTACHMENT

PROVISION-BY-PROVISION DESCRIPTION OF National Health (Continued Dispensing – Emergency Measures) AMENDMENT Determination 2021 (No. 8)

Section 1 Name

This section provides that the Instrument is the National Health (Continued Dispensing – Emergency Measures) Amendment Determination 2021 (No. 8) and may also be cited as PB 90 of 2021.

Section 2 Commencement

This section provides that the Instrument commences on 1 September 2021.

Section 3 Authority

This section states that this Instrument is made under subsection 89A(3) of the of the National Health Act 1953.

Section 4 Schedules

Section 4 provides that each instrument that is specified in a Schedule to the Instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to the Instrument has effect according to its terms.

Schedule 1 Amendments

The amendments in Schedule 1 involve the addition of listed drugs, and the addition and deletion of forms of listed drugs, for the list of pharmaceutical benefits that can be supplied as a Continued Dispensing supply. These changes are summarised below.

 

SUMMARY OF CHANGES TO THE CONTINUED DISPENSING – EMERGENCY MEASURE MADE BY THIS INSTRUMENT

Listed Drugs Added

Listed Drug

Cariprazine

Obeticholic acid

Prednisolone acetate

Vedolizumab

Forms Added

Listed Drug

Form

Adrenaline (epinephrine)

I.M. injection 500 micrograms in 0.3 mL single dose syringe auto-injector

Amino acid formula with fat, carbohydrate, vitamins, minerals, trace elements and medium chain triglycerides

Oral powder 800 g (Essential Care Jr)

Diazepam

Oral liquid 10 mg per 10 mL, 100 mL

High fat formula with vitamins, minerals and trace elements and low in protein and carbohydrate

Oral semi-solid 100 g, 36 (K.Yo)

Forms Deleted

Listed Drug

Form

Diazepam

Oral liquid 1 mg in 1 mL, 100 mL

Fluoxetine

Capsule 20 mg (as hydrochloride) (USP)

High fat formula with vitamins, minerals and trace elements and low in protein and carbohydrate

Oral semi-solid 100 g, 48 (Keyo)

Metformin

Tablet (prolonged release) containing metformin hydrochloride 500 mg

Olaparib

Capsule 50 mg

Trihexyphenidyl

Tablet containing trihexyphenidyl hydrochloride 2 mg (USP)


Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

National Health (Continued Dispensing – Emergency Measures) Amendment Determination 2021 (No. 8)

(PB 90 of 2021)

This legislative instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Overview of the Legislative Instrument

The National Health (Continued Dispensing – Emergency Measures) Amendment Determination 2021 (No. 8) amends the National Health (Continued Dispensing – Emergency Measures) Determination 2020 which specifies the pharmaceutical benefits that can be supplied by an approved pharmacist under Part VII of the National Health Act 1953 without a prescription, and the conditions for such a supply (‘Continued Dispensing’).

The amendments in Schedule 1 involve the addition of listed drugs, and the addition and deletion of forms of listed drugs, for the list of pharmaceutical benefits that can be supplied as a Continued Dispensing supply.

Human rights implications

This legislative instrument engages Articles 2 and 12 of the International Covenant on Economic, Social and Cultural Rights (ICESCR) by assisting with the progressive realisation by all appropriate means of the right of everyone to the enjoyment of the highest attainable standard of physical and mental health.

The Pharmaceutical Benefits Scheme (PBS) is a benefit scheme which assists with advancement of this human right by providing for subsidised access by patients to medicines.  The recommendatory role of the Pharmaceutical Benefits Advisory Committee (PBAC) ensures that decisions about subsidised access to medicines on the PBS are evidence-based.

Conclusion

This legislative instrument is compatible with human rights because it advances the protection of human rights.

 

 

 

 

Nikolai Tsyganov

Assistant Secretary (Acting)

Pricing and PBS Policy Branch

Technology Assessment and Access Division

Department of Health

Overview

The National Health (Continued Dispensing – Emergency Measures) Amendment Determination 2021 (No. 8) (PB 90 of 2021) was enacted to amend the National Health (Continued Dispensing – Emergency Measures) Determination 2020, which pertains to the pharmaceutical benefits eligible for continued dispensing by pharmacists without a prescription, a measure introduced to alleviate supply chain disruptions during the COVID-19 pandemic. This legislative instrument was made under subsection 89A(3) of the National Health Act 1953 by the Minister for Health and aims to adjust the list of drugs that can be dispensed as continued supplies, reflecting changes to the National Health (Listing of Pharmaceutical Benefits) Instrument 2012. The determination adds specific drugs and forms of drugs to the list eligible for continued dispensing, while also removing certain forms of drugs from this list. This adjustment ensures that the supply of essential medications remains uninterrupted during emergencies, thereby supporting the health and wellbeing of the community. The amendments to the National Health (Continued Dispensing – Emergency Measures) Determination 2020 involve adding several listed drugs and specific forms of listed drugs to the list of pharmaceutical benefits that can be supplied as continued dispensing, while also removing certain forms of listed drugs from this list. These changes aim to ensure that the supply of essential medications remains uninterrupted during emergencies, thereby supporting the health and wellbeing of the community. The instrument was developed after consultation with relevant peak bodies and state and territory health departments, ensuring that the changes align with broader health policies and legal frameworks.

Scope and Application

The National Health (Continued Dispensing – Emergency Measures) Amendment Determination 2021 (No. 8) amends the National Health (Continued Dispensing – Emergency Measures) Determination 2020 to make changes to the pharmaceutical benefits eligible to be provided as a Continued Dispensing supply. This determination applies to approved pharmacists who supply pharmaceutical benefits at or from premises in respect of which the pharmacist is approved. The amendments reflect changes to the National Health (Listing of Pharmaceutical Benefits) Instrument 2012, expanding the list of drugs that can be supplied without a prescription under emergency measures to include cariprazine, obeticholic acid, prednisolone acetate, and vedolizumab, and certain forms of adrenaline (epinephrine), amino acid formula with fat, carbohydrate, vitamins, minerals, trace elements, and medium chain triglycerides, diazepam, and high fat formula with vitamins, minerals, and trace elements and low in protein and carbohydrate. Certain forms of diazepam, fluoxetine, high fat formula with vitamins, minerals, and trace elements and low in protein and carbohydrate, metformin, olaparib, and trihexyphenidyl are removed from this list. This instrument does not override state and territory poisons laws but encourages states and territories to consider amendments to their laws to allow access to the eligible medicines. The amendments are designed to ensure that continued dispensing can occur efficiently and safely during public health emergencies, such as the COVID-19 pandemic.

Key Provisions

The main operative sections of the National Health (Continued Dispensing – Emergency Measures) Amendment Determination 2021 (No. 8) (F2021L01214) pertain to changes in the list of pharmaceutical benefits that can be supplied by approved pharmacists without a prescription, as a Continued Dispensing supply (section 1). This instrument amends the National Health (Continued Dispensing – Emergency Measures) Determination 2020 to add certain drugs and forms of drugs to the list of those eligible for Continued Dispensing (Schedule 1). Specifically, it adds the drugs cariprazine, obeticholic acid, prednisolone acetate, and vedolizumab, and certain forms of adrenaline (epinephrine), amino acid formula, diazepam, and high fat formula, while removing certain forms of diazepam, fluoxetine, high fat formula, metformin, olaparib, and trihexyphenidyl from the list (Schedule 1). These changes align with amendments to the National Health (Listing of Pharmaceutical Benefits) Instrument 2012 (PB 71 of 2012), which are also effective from 1 September 2021 (section 2). The Act imposes specific obligations and requirements on the parties it governs, primarily focusing on the scope of pharmaceutical benefits that can be supplied without a prescription under emergency measures. Approved pharmacists are mandated to supply these specified pharmaceutical benefits as a Continued Dispensing supply, adhering to the conditions outlined in the Act and the amendments (section 1). The obligation to ensure these supplies align with the updated list of eligible drugs and forms is critical. Pharmacists must also ensure that these supplies comply with state and territory poisons laws, even though the instrument does not override these laws (section 1). Additionally, pharmacists must be aware of the forms of drugs that have been added or removed from the list to prevent non-compliance (Schedule 1). There are no specific offences, penalties, or consequences outlined within this legislative instrument itself. However, non-compliance with the requirements for Continued Dispensing could lead to legal consequences under the National Health Act 1953 and relevant state or territory laws. For instance, supplying a pharmaceutical benefit that is not listed as eligible under the Act, or not adhering to the conditions specified, could result in penalties under the National Health Act or other applicable legislation. The exact nature and severity of these penalties would depend on the specific circumstances and the relevant jurisdictional laws. It is important for approved pharmacists to ensure their practices align with the updated list and conditions to avoid potential legal repercussions.

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