EXPLANATORY STATEMENT
National Health (Pharmaceutical Benefits) Regulations 1960
National Health (Pharmaceutical Benefits supplied under section 93A(4))
(Repeal) Determination 2015
PB 21 of 2015
Authority
Regulation 37AA of the National Health (Pharmaceutical Benefits) Regulations 1960 (the Regulations) provides, for the purpose of subsection 93A(6) of the National Health Act 1953 (the Act), that the Minister must determine the amount to be paid for a pharmaceutical benefit supplied under subsection 93A(4) of the Act on the basis of a medication chart prescription.
Purpose
The purpose of this legislative instrument, made under regulation 37AA of the Regulations, is to repeal the National Health (Pharmaceutical Benefits supplied under subsection 93A(4)) Determination 2012 (PB 50 of 2012).
The repeal is consequential to a change to the Regulations, as amended by the
National Health (Pharmaceutical Benefits) Amendment (Medication Chart Prescriptions) Regulation 2015 on 1 April 2015.
The Regulation amendments provide for a medication chart prescription to be used for hospital patients for prescribing, dispensing and claiming on the Pharmaceutical Benefits Scheme (PBS) and Repatriation PBS (RPBS). The hospital medication chart prescription builds on the existing medication chart prescriptions for persons at a residential aged care facility which already allows for PBS/RBPS claiming directly from a chart.
Section 93A of the Act will no longer be relied upon for medication chart prescriptions for persons at a residential aged care facility, with the legal requirements now set out in the Regulations. A saving provision in this instrument aligns with a savings provision in regulation 58 of the Regulations. The savings provisions allow reliance on the old section 93A method for a period of two years. This assists transition by state and territory jurisdictions needing time to make any technical amendments to update poisons law subordinate legislation references to section 93A of the Act.
The Regulations, together with consequential changes including this instrument, implement the PBS Medication Charts for Public and Private Hospitals measure, announced by the Australian Government as part of the 2014-15 Budget. Implementation of the measure reduces the regulatory burden currently placed on PBS prescribers, approved suppliers, and nurses in hospitals. It will remove the need for duplication of PBS/RPBS prescriptions information and improve work flows for health professionals, and health outcomes, through a reduction of transcription errors.
The implementation of the measure is aligned with and supported by the Australian Commission on Safety and Quality in Health Care (ACSQHC). The ACSQHC is developing national standardised medication charts appropriate for use in hospital settings which also support PBS/RPBS subsidy directly from a PBS prescriber’s medication chart prescription without the need for a separate PBS/RPBS prescription.
Consultation
Since the announcement of the PBS Medication Charts for Public and Private Hospitals measure in 2014, the Department of Health has undertaken an extensive consultation process involving all key health stakeholders. These consultations indicate widespread and strong support for the trial of the PBS Hospital Medication Chart and amendments required to the Regulations and associated legislative instruments to support the measure. Consulted stakeholders include States and Territories, Australian Private Hospital Association, Society of Hospital Pharmacists of Australia, Pharmaceutical Society of Australia, Pharmacy Guild of Australia, Australian Medical Association, Cancer Voices Australia, Consumers Health Forum of Australia, National Prescribing Service, the ACSQHC, and the National E-Health Transition Authority.
Similarly, the Department of Human Services has received strong support from a range of stakeholders for the implementation of paperless (electronic) claiming of PBS/RPBS medicines. This includes support for transitional arrangements to ensure stakeholder readiness for the implementation of paperless PBS/RPBS claiming.
This instrument commences on 1 April 2015.
This instrument is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
National Health (Pharmaceutical benefits supplied under section 93A(4)) (Repeal)
Determination 2015
This 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 Instrument
The purpose of this legislative instrument, made under regulation 37AA of the National Health (Pharmaceutical Benefits) Regulations 1960 (the Regulations) is to repeal the National Health (Pharmaceutical Benefits supplied under subsection 93A(4)) Determination 2012 (PB 50 of 2012). The repeal is consequential to a change to the Regulations, as amended by the National Health (Pharmaceutical Benefits) Amendment (Medication Chart Prescriptions) Regulation 2015 on 1 April 2015.
The Regulation amendments provide for hospital medication chart prescriptions to be used for prescribing, dispensing and claiming for supply of pharmaceutical benefits, without the need to produce a separate prescription for Pharmaceutical Benefits Scheme (PBS) and Repatriation PBS purposes.
Section 93A of the National Health Act 1953 will no longer be relied on for medication chart prescriptions for persons at a residential aged care facility, with the legal requirements now set in the amended Regulations. Savings provisions, in regulation 58 and this instrument, allow reliance on the old section 93A method for a period of two years.
Human rights implications
This instrument engages Articles 2 and 12 of the International Covenant on Economic, Social and Cultural Rights 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 assists with advancement of these human rights by providing for subsidised access to medicines. The Regulation amendments, and this instrument, are a positive step towards attaining the highest standard of health for all Australians. Increased efficiencies from the use of hospital medication charts for PBS purposes assists to reduce duplication and improve workflow for health professionals. This in turn can assist health professionals to achieve improved health outcomes for patients.
Conclusion
This instrument is compatible with human rights because it advances the protection of human rights.
Kim Bessell
Assistant Secretary
Pharmaceutical Access Branch
Pharmaceutical Benefits Division
Department of Health