EXPLANATORY STATEMENT
National Health (Pharmaceutical Benefits) Regulations 1960
National Health (Payments for prescriber bag supplies) Determination 2012
PB 92 of 2012
Authority
Regulation 18 of the National Health (Pharmaceutical Benefits) Regulations 1960 (the Regulations) provides that the Minister may determine the rates and conditions of payments by the Commonwealth to approved pharmacists in respect of the supply of pharmaceutical benefits to practitioners under the prescriber bag provisions of the National Health Act 1953 (the Act).
Purpose
This Determination sets out the rates and conditions of payment for the purposes of regulation 18.
Details of each section of the Determination are set out in the Attachment.
Background
Part VII of the National Health Act 1953 (the Act) is the legislative basis of the Pharmaceutical Benefits Scheme (PBS) by which the Commonwealth provides reliable, timely, and affordable access to a wide range of medicines for all Australians.
Subsection 85(1) provides that benefits are to be provided by the Commonwealth in accordance with Part VII in respect of pharmaceutical benefits.
The determination made by the Pharmaceutical Benefits Remuneration Tribunal under paragraph 98B(1)(a) of the Act (the Pharmacists Payments Determination) sets out the manner of working out the Commonwealth price for payments to approved pharmacists for the supply of pharmaceutical benefits on presentation of a prescription. The current Pharmacists Payments Determination is the Commonwealth price (Pharmaceutical benefits supplied by approved pharmacists) Determination 2010.
The determination made under paragraph 98C(1)(b) of the Act (the Conditions Determination), sets out the conditions under which such payments are made. The current Conditions Determination is the Determination – Conditions (PB 109 of 2008).
The prescriber bag provisions of the Act (Sections 93, 93AA and 93AB) provide for the supply of certain pharmaceutical benefits by medical practitioners, authorised midwives and authorised nurse practitioners, respectively, directly to patients, i.e. from their ‘prescriber bags’.
This Determination, made under regulation 18, sets out the rates and conditions of payment to approved pharmacists for the supply of pharmaceutical benefits to practitioners under the prescriber bag provisions of the Act. The Determination provides for rate of payment to be the Commonwealth price worked out under the Pharmacists Payments Determination plus an amount equal to the special patient contribution, if any. The Determination provides for the conditions of payment to be the conditions set out in the Conditions Determination.
Consultation
The changes made by this Determination are technical changes which are consequential to amendments to the Act since the previous determination under regulation 18 was made in 1996. There is no change to current practice as a result of these amendments and therefore no consultation on this determination was considered necessary.
This Determination commences on 1 October 2012.
This Determination is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
ATTACHMENT
Details of the National Health (Payments for prescriber bag supplies) Determination 2012
Section 1 Name of Determination
This section provides that the title of the Determination is the National Health (Payments for prescriber bag supplies) Determination 2012 and that it may also be cited as PB 92 of 2012.
Section 2 Commencement
This section provides for the Determination to commence on 1 October 2012.
Section 3 Revocation
This section provides that the Determination under Regulation 18 made on 16 July 1996 is revoked.
Section 4 Definitions
This section sets out definitions of a number of terms used in the Determination.
Section 5 Rate of Payment
This section determines the rate of payment to approved pharmacists for the supply of pharmaceutical benefits to practitioners under the prescriber bag provisions of the Act. The rate of payment is the Commonwealth price worked out under the determination made under paragraph 98B(1)(a) of the Act, plus an amount equal to the special patient contribution, if any.
Section 6 Conditions of Payment
This section determines the conditions of payment to approved pharmacists for the supply of pharmaceutical benefits to practitioners under the prescriber bag provisions of the Act. The conditions are the conditions set out in the determination under paragraph 98C(1)(b) of the Act, which would apply if the supply had been made on presentation of a prescription rather than to a practitioner.
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
National Health (Payments for prescriber bag supplies) Determination 2012
PB 92 of 2012
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 purpose of this legislative instrument made under regulation 18 of the National Health (Pharmaceutical Benefits) Regulations 1960 (the Regulations) is to determine the rates and conditions of payments by the Commonwealth to approved pharmacists in respect of the supply of pharmaceutical benefits to practitioners under the prescriber bag provisions of the National Health Act 1953 (the Act). The prescriber bag provisions of the Act (Sections 93, 93AA and 93AB) provide for the supply of certain pharmaceutical benefits by medical practitioners, authorised midwives and authorised nurse practitioners, respectively, directly to patients, that is, from their ‘prescriber bags’.
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 PBS is a benefit scheme which assists with advancement of this human right by providing for subsidised access by patients to medicines.
Conclusion
This Legislative Instrument is compatible with human rights because it advances the protection of human rights.
Tanya Plibersek
Minister for Health