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This is a Bill, not an Act. For current law, see the Acts databases.
NATIONAL HEALTH AMENDMENT (FIFTH COMMUNITY PHARMACY AGREEMENT INITIATIVES) BILL 2011
2010-2011
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
National Health Amendment (Fifth
Community Pharmacy Agreement
Initiatives) Bill 2011
No. , 2011
(Health and Ageing)
A Bill for an Act to amend the National Health Act
1953, and for related purposes
i National Health Amendment (Fifth Community Pharmacy Agreement Initiatives) Bill 2011
No. , 2011
Contents
1 Short
title
...........................................................................................
1
2 Commencement
.................................................................................
1
3 Schedule(s)
........................................................................................
1
Schedule 1--The Continued Dispensing Initiative
3
National Health Act 1953
3
Schedule 2--The Medication Chart Initiative
5
National Health Act 1953
5
Schedule 3--Prescriptions for the supply of pharmaceutical
benefits
6
National Health Act 1953
6
National Health Amendment (Fifth Community Pharmacy Agreement Initiatives) Bill 2011
No. , 2011 1
A Bill for an Act to amend the National Health Act
1
1953, and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act may be cited as the National Health Amendment (Fifth
5
Community Pharmacy Agreement Initiatives) Act 2011.
6
2 Commencement
7
This Act commences on 1 July 2012.
8
3 Schedule(s)
9
Each Act that is specified in a Schedule to this Act is amended or
10
repealed as set out in the applicable items in the Schedule
11
2 National Health Amendment (Fifth Community Pharmacy Agreement Initiatives) Bill
2011 No. , 2011
concerned, and any other item in a Schedule to this Act has effect
1
according to its terms.
2
3
The Continued Dispensing Initiative Schedule 1
National Health Amendment (Fifth Community Pharmacy Agreement Initiatives) Bill 2011
No. , 2011 3
Schedule 1--The Continued Dispensing
1
Initiative
2
3
National Health Act 1953
4
1 Paragraph 89(b)
5
After "provisions of", insert "section 89A,".
6
2 After section 89
7
Insert:
8
89A When pharmaceutical benefits may be supplied by approved
9
pharmacists without prescription
10
(1) An approved pharmacist may, at or from premises in respect of
11
which the pharmacist is for the time being approved, supply a
12
pharmaceutical benefit without a prescription for that supply if:
13
(a) the pharmaceutical benefit is covered by an instrument made
14
under subsection (3); and
15
(b) the supply is made in accordance with conditions that are
16
specified in an instrument made under subsection (3).
17
(2) If an approved pharmacist makes a supply in accordance with
18
subsection (1), then this Act (other than paragraph 89(a)) applies in
19
relation to the supply as if:
20
(a) a person had presented the pharmacist with a prescription
21
that:
22
(i) had been written by a PBS prescriber in accordance
23
with this Act and the regulations; and
24
(ii) did not contain a medicare number; and
25
(b) a reference in this Part to a prescription for the supply of a
26
pharmaceutical benefit to a person who is a holder of a
27
concession card or an entitlement card included a reference to
28
a supply made in accordance with subsection (1) to a person
29
who is a holder of a concession card or an entitlement card
30
on the day of the supply; and
31
(c) the following provisions were omitted:
32
(i) subsection 84(2A) and paragraph 84(10)(a);
33
Schedule 1 The Continued Dispensing Initiative
4 National Health Amendment (Fifth Community Pharmacy Agreement Initiatives) Bill
2011 No. , 2011
(ii)
section
84AA;
1
(iii) subparagraph 86B(3)(b)(i) and paragraph 86B(4)(e);
2
(iv) paragraphs 86C(3)(c) and (6)(e);
3
(v) paragraph 92A(1)(ca); and
4
(d) the words ", in accordance with section 84AA," in the
5
definitions of concessional benefit prescription, concession
6
card prescription and entitlement card prescription in
7
subsection 84(1) were omitted.
8
(3) The Minister may, by legislative instrument, determine:
9
(a) the pharmaceutical benefits that may be supplied by an
10
approved pharmacist without a prescription; and
11
(b) the conditions that must be satisfied when making a supply of
12
those pharmaceutical benefits.
13
3 Application of amendments
14
The amendments made by this Schedule apply to supplies that are made
15
on and after the day this Schedule commences.
16
17
The Medication Chart Initiative Schedule 2
National Health Amendment (Fifth Community Pharmacy Agreement Initiatives) Bill 2011
No. , 2011 5
Schedule 2--The Medication Chart Initiative
1
2
National Health Act 1953
3
1 At the end of subsection 93A(2)
4
Add:
5
Note:
Subsection 33(3A) of the Acts Interpretation Act 1901 applies to a
6
determination under subsection (2). This means that, for example, a
7
determination could determine conditions for private hospitals that are
8
different from conditions that are determined for residential care
9
services.
10
11
Schedule 3 Prescriptions for the supply of pharmaceutical benefits
6 National Health Amendment (Fifth Community Pharmacy Agreement Initiatives) Bill
2011 No. , 2011
Schedule 3--Prescriptions for the supply of
1
pharmaceutical benefits
2
3
National Health Act 1953
4
1 After subsection 85A(2)
5
Insert:
6
(2A) The Minister may determine that particular conditions must be
7
satisfied when writing a prescription to which a determination
8
under paragraph (2)(a) or (b) applies.
9
2 After subsection 85A(3)
10
Insert:
11
(3A) The Minister may determine rules that must be applied when
12
deciding whether to authorise a variation under regulations made
13
for the purposes of subsection (3).
14
3 Subsection 85A(4)
15
Repeal the subsection, substitute:
16
(4) A determination made under subsection (1), (2), (2A) or (3A) is a
17
legislative instrument.
18
4 Application of amendments
19
The amendments made by this Schedule apply to prescriptions that are
20
written on and after the day this Schedule commences.
21