National Health (Paperless Prescribing, Dispensing and Claiming Trial) Special Arrangement 2014 (No. PB 71 of 2014)

Link to law: https://www.comlaw.gov.au/Details/F2014L01336

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PB 71 of 2014
National Health (Paperless Prescribing, Dispensing and Claiming Trial) Special Arrangement 2014
National Health Act 1953
I, Tony Wynd, Assistant Secretary, Pharmaceutical Access Branch, delegate of the Minister for Health, make this special arrangement under subsection 100(1) of the National Health Act 1953.
Dated    7 October 2014
 
 
 
 
 
 
 
Tony Wynd
Acting Assistant Secretary
Pharmaceutical Access Branch
Pharmaceutical Benefits Division
Department of Health
1          Name of Special Arrangement
           
(1) This Special Arrangement is the National Health (Paperless Prescribing, Dispensing and Claiming Trial) Special Arrangement 2014.
 
(2) This Special Arrangement may also be cited as PB 71 of 2014.
 
2          Commencement
 
This Special Arrangement commences on 13 October 2014.
 
3          Definitions
 
In these arrangements:
 
Act means the National Health Act 1953.
 
approved supplier means the approved supplier whose name, address and approval number are specified in Column 2 of the Schedule to these arrangements opposite the name of the hospital in Column 1 of the Schedule
 
authority prescription means an authority prescription as defined in the Regulations.
 
hospital means the hospital whose name and address is specified in Column 1 of the Schedule to these arrangements.
 
patient of the hospital means an in-patient who occupies a bed in the hospital for the purpose of hospital treatment, or an out-patient who receives hospital treatment.
 
  electronic medication management system means a system which facilitates the electronic management of medications and associated electronic medication orders.
 
electronic medication order means an order for a medicine, prepared and approved electronically and which forms part of the hospital’s electronic medication management system for the purpose of treating a patient of the hospital.
 
other Special Arrangement means another Special Arrangement under section 100 of the Act.
 
Regulations means the National Health (Pharmaceutical Benefits) Regulations 1960.
 
Rules means the rules under subsection 99AAA(8) and subsection 98AC(4) of the Act.
 
Note: Terms used in this Special Arrangement have the same meaning as in the Act – see section 13 of the Legislative Instruments Act 2003. These terms include:
·      Chief Executive Medicare
·      Human Services Department
·      PBS prescriber
·      pharmaceutical benefit
·      Secretary
 
4          Application of Part VII of the Act
 
(1)   Each pharmaceutical benefit supplied in accordance with this Special Arrangement is supplied under Part VII of the Act.
 
            (2)   A provision of Part VII of the Act, or of the Regulations or other instruments made for Part VII of the Act, applies subject to this Special Arrangement.
Note:  See subsection 100 (3) of the Act.
 
5          Prescribing of Pharmaceutical Benefits
 
(1)   An electronic medication order approved by a PBS prescriber in which is prescribed a pharmaceutical benefit for the treatment of the patient of the hospital who is named on the electronic medication order, will be taken to be a duly written prescription, within the meaning of regulation 19 of the Regulations, provided that:
 
(a)      the location within the hospital of the patient for whose treatment the electronic medication order was prepared will be taken to be the address of that patient for the purpose of paragraph 19(1)(d) of  the Regulations; and
 
(b)     the electronic medication order bears the number of the Medicare card, including the sub-numerate, which applies to the patient for whose treatment the electronic medication order was prepared; and
 
(c)      in the case of an electronic medication order prepared in respect of a patient of the hospital who is not a general patient within the meaning of subsection 84(1) of the Act, the electronic medication order bears the matters prescribed by subregulation 19A(1) of the Regulations; and
 
(d)     the electronic medication order bears the identification number issued by the Secretary to the PBS prescriber, according to regulation 8A of the Regulations, who prescribed the pharmaceutical benefit; and
 
(e)      in the case of authority required benefits, the prescriber includes the authority approval number or streamlined authority code (whichever is applicable) in accordance with sub regulation 19(1)(b).
 
6          Supply and Claiming of Pharmaceutical Benefits
 
(1)      This Special Arrangement applies to the supply of pharmaceutical benefits by the approved supplier to patients of the hospitals specified in Column 1 of the Schedule.
 
(2)      The approved supplier will supply pharmaceutical benefits to patients of the hospital as if electronic medication orders were original prescriptions provided that:
 
 
(a)   in lieu of the requirements of regulation 31 of the Regulations, the approved supplier, or a person authorised for the purpose by the approved supplier, verifies in the electronic medication order that the pharmaceutical benefit has been supplied and the date on which it was supplied.
 
(3)      The approved supplier must prepare an electronic pharmacy record in respect of each electronic medication order in respect of which a pharmaceutical benefit has been supplied to a patient of the hospital for which a claim is made under section 99AAA of the Act, and must retain that electronic pharmacy record for not less than two years after the day on which the pharmaceutical benefit was supplied.
 
(4)      The electronic pharmacy record referred to in subsection (3) must contain all information required to be included in a prescription record by the Schedule to the Rules for an online PBS claim.
 
(5)      Subject to subsection (6), a claim by the approved supplier in respect of pharmaceutical benefits supplied to patients of the hospital may be furnished unaccompanied by the electronic medication orders in respect of which pharmaceutical benefits have been supplied to patients of the hospital.
 
(6)      If the Chief Executive Medicare notifies the approved supplier that a copy of all or any of the electronic pharmacy records in respect of pharmaceutical benefits supplied to patients of the hospital are required to be submitted, the approved supplier must submit a copy of each electronic pharmacy record to the Human Services Department.
 
(7)      If the Chief Executive Medicare notifies the hospital that a copy of all or any of the electronic medication orders in respect of pharmaceutical benefits supplied to patients of the hospital are required to be submitted, the hospital must submit a copy of each electronic medication order to the Human Services Department.
 
(8)      Information provided by electronic means to the Chief Executive Medicare on behalf of the Secretary by the approved supplier in respect of a claim in respect of pharmaceutical benefits supplied to patients of the hospital will conform to the requirements of the Rules for an online PBS claim and the associated provision of under co-payment data under section 98AC of the Act.
 
 
THE SCHEDULE
 
Column 1 – name and address of hospital
Column 2 – name, address and approval number of the approved supplier

St Stephen’s Hospital Hervey Bay
182 – 198 Nissen Street
Hervey Bay, Queensland  4655
St Stephen’s Hospital Hervey Bay
182 – 198 Nissen Street
Hervey Bay, Queensland  4655
Approval Number: HQ341W