Commonwealth Numbered Acts

HEALTH LEGISLATION AMENDMENT ACT 1998 - SCHEDULE 3--Amendment

1 Paragraph 85(2A)(b)

Omit "the writing of a prescription for the supply of the pharmaceutical benefit is to be authorised under this Part", substitute "a prescription for the supply of the pharmaceutical benefit may be written".

2 Paragraph 89(b)

After "93", insert ", section 93A".

3 After section 93

Insert:

HEALTH LEGISLATION AMENDMENT ACT 1998 No. 19, 1998 - < SECT 93A Supply of certain pharmaceutical benefits to patients in private< hospitals or aged care facilities (1) In this section:

prescribed institution means:

(a) a private hospital; or

(b) a residential care service within the meaning of the Aged Care Act 1997 .

(a) the pharmaceutical benefits or classes of pharmaceutical benefits that may be supplied under this section to patients receiving treatment in prescribed institutions; and

(b) the conditions under which such pharmaceutical benefits may be supplied to, and held by, prescribed institutions.

(4) An approved supplier may supply to a prescribed institution, in accordance with determinations made under paragraph (2)(b), pharmaceutical benefits that are covered by a determination made under paragraph (2)(a).

(5) A medical practitioner may authorise a prescribed institution to supply pharmaceutical benefits covered by a determination made under paragraph (2)(a) to patients receiving treatment in the institution.

(6) Payment by the Commonwealth in respect of the supply of pharmaceutical benefits under this section is to be made as prescribed.

4 Subsection 99(2AB)

Omit ", (c) or (d)", substitute "or (c)".

5 Paragraphs 99AAB(2)(b) and (c)

Repeal the paragraphs.

6 Subsection 99AAB(3)

Repeal the subsection.

7 Section 99Z

Repeal the section.

8 Sections 99ZB, 99ZC and 99ZD

Repeal the sections.

9 Section 99ZE

Repeal the section.

10 At the end of subsection 101(1)

Add:

; and (d) a person appointed by the Minister to represent consumers.

Insert:

(2AAA) The Minister must not appoint a person under paragraph (1)(d) unless the Minister is satisfied that the person has such qualifications or experience as would enable the person to contribute meaningfully to the deliberations of the Committee.

12 Subsection 105AB(11)

Repeal the subsection.

13 Paragraphs 105AD(2)(d) and (e)

Repeal the paragraphs.

14 Paragraph 105AD(3)(a)

Omit "99ZC or 99ZD", substitute "99ZAA or 99ZDA".

15 Subsection 105AD(5)

Repeal the subsection.

16 After subsection 135A(5B)

Insert:

(5C) This section does not prohibit:

(a) the provision to a person of a document that was provided to the Secretary by the person in relation to a claim for a pharmaceutical benefit; or

(b) the divulging or communicating to a person of information relating to the person; or

(c) information that:

(i) has been provided to a prescribed professional disciplinary body or a prescribed professional regulatory body; and

(ii) was contained in a claim for a pharmaceutical benefit;

from being used by the body for the purpose of any investigation or inquiry being conducted by the body in the performance of its functions or the exercise of its powers.