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

Overview

The National Health (Electronic National Residential Medication Chart Trial) Amendment (Approved Residential Care Services) Special Arrangement 2020, published as PB 11 of 2020, is an instrument made under section 100(2) of the National Health Act 1953. This amendment to the original Special Arrangement of 2018 allows additional residential aged care facilities to participate in a trial of electronic medication management systems, thereby expanding the scope of the trial beyond the initial twelve approved residential care services. The primary objective of this trial is to assess the safety and quality impacts of transitioning from paper-based medication charts to electronic National Residential Medication Charts, identify any implementation barriers, and evaluate the costs and considerations for facilities aiming to adopt these systems. This trial is limited to the three electronic medication management software providers initially involved in the trial. The enactment of this special arrangement is overseen by the Minister, who has the authority to vary or revoke such arrangements, with the amendments being subject to the provisions of Part VII of the National Health Act 1953. The amendment became effective the day after its registration, following consultations with the relevant software vendor and state and territory governments.

Scope and Application

The National Health (Electronic National Residential Medication Chart Trial) Amendment (Approved Residential Care Services) Special Arrangement 2020, made under section 100(2) of the National Health Act 1953, amends the existing trial arrangement to allow additional approved residential aged care services to participate in the trial of electronic medication management systems. This amendment is designed to provide a broader evaluation of the transition from paper-based to electronic medication charts, including assessing the impact on medicines' safety and quality, identifying implementation barriers, and considering costs and logistical issues for residential aged care facilities. The trial is limited to three specified electronic medication management software vendors and approved prescribers within participating facilities, who can prescribe pharmaceutical benefits directly from the electronic system without the need for a separate paper prescription. The trial operates under a special arrangement that can be varied or revoked by the Minister, and it is subject to the provisions of Part VII of the National Health Act 1953. The trial's geographic reach is confined to Australia, with specific facilities identified in the Schedule of the Special Arrangement. The Amending Instrument comes into effect the day after its registration, in line with the requirements of the Legislation Act 2003.

Key Provisions

The National Health (Electronic National Residential Medication Chart Trial) Amendment (Approved Residential Care Services) Special Arrangement 2020, made under section 100(2) of the National Health Act 1953 (the Act), is designed to expand the scope of the original trial that allows the use of electronic medication management systems in approved residential care services. The Amendment introduces additional facilities into the trial, which aims to evaluate the transition from paper-based to electronic medication charts. This expansion is critical for the Department to assess the impact on medication safety and quality, as well as the implementation challenges and financial considerations for residential care services. The main operative sections of this Amendment, specifically section 4, mandate the inclusion of additional residential care services into the trial. These services, now listed in the amended Schedule, can participate in using electronic medication management systems to facilitate the prescribing, dispensing, and administration of medications. The amendment allows approved prescribers within these services to prescribe pharmaceutical benefits directly from the electronic system, eliminating the need for a separate paper-based prescription. Once the electronic prescription is authenticated, it is transmitted directly to the supplier's dispensing software, and the dispensed medication is sent to the care facility for patient administration. The claim for payment is then sent electronically to the Chief Executive Medicare by the approved supplier. This Amendment imposes specific obligations on the parties involved. The approved residential care services must ensure that they use the designated electronic medication management systems as specified in the Schedule. The approved suppliers and software vendors must adhere to the electronic processes outlined for prescribing, dispensing, and claiming payments. The Department is responsible for overseeing the trial and ensuring compliance with the terms of the Special Arrangement. The facilities participating in the trial must also provide data and feedback to the Department to assist in the evaluation of the trial's outcomes. Failure to comply with the terms of the Special Arrangement may result in civil or criminal consequences. While the exact penalties are not specified in the text, breaches of the National Health Act 1953 can lead to significant penalties. For corporations, penalties can include substantial fines, and for individuals, penalties can include imprisonment, fines, or both. The specific penalties depend on the nature and severity of the breach, and the courts have the discretion to impose appropriate sanctions based on the circumstances of each case. The Act provides for enforcement actions by the Department, which may include investigations, compliance orders, and legal proceedings to ensure adherence to the provisions of the Special Arrangement.