National Health (Electronic National Residential Medication Chart Trial) Amendment (Approved Residential Care Services) Special Arrangement 2 of 2020

Administered by Department of Health, Disability and Ageing

Legislation au F2020L00446 Not in force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

 

National Health Act 1953

 

National Health (Electronic National Residential Medication Chart Trial) Amendment (Approved Residential Care Services) Special Arrangement 2 of 2020

 

 

 

Authority

 

This instrument is made under section 100(2) of the National Health Act 1953 (the Act).

 

Subsection 100(1) of the Act enables the Minister to make special arrangements for the supply of pharmaceutical benefits. Subsection 100(2) of the Act provides that the Minister may vary or revoke a special arrangement made under subsection 100(1).

 

Subsection 100(3) of the Act provides that Part VII of the Act, and instruments made for the purposes of Part VII of the Act, have effect subject to a special arrangement made under subsection 100(1). 

 

Purpose

 

The National Health (Electronic National Residential Medication Chart Trial) Special Arrangement 2018 (the Principal Instrument) allows three electronic medication management software vendors to trial their electronic medication order chart systems for the purposes of the Pharmaceutical Benefits Scheme (PBS) in twelve approved residential care services. These systems provide a fully electronic version of the paper based residential medication chart currently available in all Australian approved residential care services.

 

The trial allows approved prescribers (usually general practitioners) within approved trial facilities to prescribe pharmaceutical benefits directly from the electronic National Residential Medication Chart system without developing a second paper-based prescription (often referred to as a medication order). Once rendered and electronically authenticated, these medication orders are sent directly to the approved supplier’s dispensing software (or made available by electronic means) for dispensing. Once dispensed, the pharmaceutical item is sent to the approved residential care service for administration to the patient (which is also recorded in the electronic National Residential Medication Chart system), and a claim for payment is sent electronically to the Chief Executive Medicare by the approved supplier.

The purpose of the National Health (Electronic National Residential Medication Chart Trial) Amendment (Approved Residential Care Services) Special Arrangement 2020 (PB 11 of 2020) (the Amending Instrument) is to amend the Schedule to this Special Arrangement to allow additional residential aged care facilities to participate in the trial. These additional residential aged care services have been added to the trial to support their response to the Novel Coronavirus 19 (COVID-19) pandemic. The trial enables participating residential aged care services to limit non-essential visitors, particularly during periods of lock down, reduce the administrative burden for prescribers and residential aged care service staff to enable better client centred care and support prescribers to review and prescribe medicines for their patients remotely if necessary. 

 

The extension of the trial is limited to residential aged care services that are currently using one of the three existing electronic National Residential Medication Chart software systems included within the trial. Restricting the trial to existing users has been deliberate, in order to minimise risks to residents and additional stress and pressure upon residential aged care services at this difficult time. 

 

A provision by provision description of the Amending Instrument is contained in Attachment 1.

 

Consultation

The Department consulted with the facilitating software vendor who supported the amendment, participants and relevant state and territory governments. The residential aged care facilities (and residential aged care providers as appropriate) and pharmacies identified within the Schedule to this instrument, are aware of the amendments to the legislation that enable their participation in the trial, and understand the conditions surrounding their participation

Commencement

 

The Amending Instrument commences the day after registration.

 

The Amending Instrument is a legislative instrument for the purposes of the Legislation Act 2003.

 


ATTACHMENT 1

Provision by provision description of the National Health (Electronic National Residential Medication Chart Trial) Amendment (approved Residential Care Services) Special Arrangement 2 of 2020

 

Section 1 Name

This section provides for the Amending Instrument to be referred to as the National Health (Electronic National Residential Medication Chart Trial) Amendment (approved Residential Care Services) Special Arrangement 2 of 2020.

 

Section 2 Commencement

This section specifies that the legislation will come into effect from the day after the instrument is registered.


Section 3 Authority

This section provides that the Special Arrangement is made under section 100(2) of the National Health Act 1953.


Section 4 Schedules

This section provides for the amendments being made to the Schedule to the original instrument, adding additional sites to the Special Arrangement, enabling them to participate in the National Health Electronic National Residential Medication Chart trial. 

 

The Schedule

The Schedule specifies the name, address and approval number of the residential care services participating in this Special Arrangement; the name, address and approval number of the approved supplier associated with each residential care service participating in this Special Arrangement; and the electronic medication management system software vendor associated with each residential care service.


 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Overview

The National Health (Electronic National Residential Medication Chart Trial) Amendment (Approved Residential Care Services) Special Arrangement 2 of 2020 was enacted under section 100(2) of the National Health Act 1953, aiming to address the need for improved medication management in residential care services, particularly in response to the COVID-19 pandemic. This special arrangement, authorised by the Minister, allows additional residential aged care services to participate in the trial of electronic medication management systems, which facilitate direct prescribing from electronic National Residential Medication Chart systems. This initiative seeks to reduce the administrative burden on prescribers and residential care staff, support remote prescribing, and limit non-essential visitors during lockdowns, thus enhancing care quality and efficiency. The trial is restricted to services already using the three specified electronic medication management systems to mitigate risks and stress during the pandemic.

Scope and Application

The National Health (Electronic National Residential Medication Chart Trial) Amendment (Approved Residential Care Services) Special Arrangement 2020 is an amendment made under the National Health Act 1953, which allows additional residential aged care facilities to participate in a trial of electronic medication management systems. This special arrangement applies specifically to residential aged care services that are already using one of the three electronic National Residential Medication Chart software systems included within the trial. The amendment was introduced to support residential aged care services in their response to the COVID-19 pandemic by enabling them to limit non-essential visitors, reduce administrative burdens, and support remote prescribing if necessary. The trial aims to improve client-centred care and streamline the medication ordering process by allowing prescribers to directly prescribe pharmaceutical benefits through the electronic system, without the need for a paper-based prescription. The amendment is limited to existing users of the electronic medication management systems to minimise risks and additional pressure on the services during the pandemic. This special arrangement has a national reach, as it is made under the Commonwealth's National Health Act 1953, and the amended Schedule includes the names, addresses, and approval numbers of the participating residential care services, approved suppliers, and electronic medication management system software vendors.

Key Provisions

The main sections of the National Health (Electronic National Residential Medication Chart Trial) Amendment (Approved Residential Care Services) Special Arrangement 2 of 2020 (F2020L00446) involve the authority under section 100(2) of the National Health Act 1953 to make special arrangements for the supply of pharmaceutical benefits. This includes the amendment of the Schedule to the original Special Arrangement, adding additional residential care services to the trial (section 4). The legislation is made under the authority of the Minister to vary or revoke special arrangements and it comes into effect the day after registration (sections 2 and 3). The purpose of this special arrangement is to enable additional residential aged care facilities to participate in the trial to support their response to the COVID-19 pandemic. The Act imposes obligations on the parties involved, including the residential care services, approved suppliers, and electronic medication management software vendors. These obligations include participation in the trial, adherence to the electronic medication order chart systems, and ensuring that pharmaceutical benefits are prescribed, dispensed, and administered in accordance with the trial's requirements. Residential care services must be using one of the three existing electronic National Residential Medication Chart software systems included within the trial to participate. Approved prescribers within these facilities must use the electronic National Residential Medication Chart system for prescribing pharmaceutical benefits, and approved suppliers must send claims for payment electronically to the Chief Executive Medicare. There are no explicit offences, penalties, or civil/criminal consequences outlined in the explanatory statement for breaches of the special arrangement. However, failure to comply with the requirements of the trial could potentially result in administrative actions or consequences under the broader National Health Act 1953 or related legislation. It is important for parties involved to adhere to the conditions and requirements of the trial to avoid any potential repercussions.

Legal classification tags

Area of Law
Health Law
Instrument
Special Arrangement
Concepts
Commencement Provisions
Reporting & Disclosure Obligations
Compliance Obligations
Catchwords
Pharmaceutical Benefits Scheme

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.