National Health (Pharmaceutical Benefits) (Conditions of approval for approved pharmacists) Amendment (Supply from Premises) Determination 2014 (No. PB 81 of 2014)

Link to law: https://www.comlaw.gov.au/Details/F2014L01559

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National Health (Pharmaceutical Benefits) (Conditions of approval for approved pharmacists) Amendment (Supply from Premises) Determination 2014 (PB 81 of 2014)
I, Peter Dutton, Minister for Health, make the following determination.
Dated   7 November 2014
Peter Dutton
Minister for Health
 
  
  
Contents
1............ Name............................................................................................................................. 1
2............ Commencement............................................................................................................. 1
3............ Authority....................................................................................................................... 1
4............ Schedules...................................................................................................................... 1
Schedule 1—Amendments                                                                                                                          2
National Health (Pharmaceutical Benefits) (Conditions of approval for approved pharmacists) Determination 2007                                                                                                                                                                   2
 
1  Name
             (1)  This is the National Health (Pharmaceutical Benefits) (Conditions of approval for approved pharmacists) Amendment (Supply from Premises) Determination 2014.
             (2)  This instrument may also be cited as PB 81 of 2014.
2  Commencement
                   Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
 
Commencement information

Column 1
Column 2

Provisions
Commencement

1.  Sections 1 to 4 and anything in this instrument not elsewhere covered by this table
The day after this instrument is registered.

2.  Schedule 1
The later of:
(a) the start of the day after this instrument is registered; and
(b) 1 December 2014.

 
3  Authority
                   This instrument is made under the National Health Act 1953.
4  Schedules
                   Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.
Schedule 1—Amendments
  
National Health (Pharmaceutical Benefits) (Conditions of approval for approved pharmacists) Determination 2007
1  After section 4
Insert:
4A  Definitions
                   In this determination:
approved premises for an approved pharmacist means premises in respect of which the pharmacist is approved for the purposes of Part VII of the National Health Act 1953.
medication chart prescription has the same meaning as in the National Health (Pharmaceutical Benefits) Regulations 1960.
reference time means the start of the day the National Health (Pharmaceutical Benefits) (Conditions of approval for approved pharmacists) Amendment (Supply from Premises) Determination 2014 commences.
2  Paragraph 5(c)
Omit “Code of Professional Conduct, as existing when this section commences”, substitute “Code of Ethics for Pharmacists 2011, as existing at the reference time”.
3  Paragraph 5(d)
Omit “, as existing when this section commences”, substitute “2010, as existing at the reference time”.
4  Section 5 (note)
Repeal the note, substitute:
Note:          The Code of Ethics for Pharmacists 2011 and the Professional Practice Standards 2010 could in 2014 be viewed on the Pharmaceutical Society of Australia’s website (http://www.psa.org.au).
5  Section 6
Omit “Competency Standards for Pharmacists in Australia 2003, as existing when this section commences”, substitute “National Competency Standards Framework for Pharmacists in Australia 2010, as existing at the reference time”.
6  Section 6 (note)
Repeal the note, substitute:
Note:          The National Competency Standards Framework for Pharmacists in Australia 2010 could in 2014 be viewed on the Pharmaceutical Society of Australia’s website (http://www.psa.org.au).
7  At the end of the determination
Add:
8  Claims for payment
             (1)  An approved pharmacist must not make a claim for payment from the Commonwealth in relation to the supply of a pharmaceutical benefit unless it was supplied at or from approved premises for the pharmacist.
             (2)  An approved pharmacist must not make a claim for payment from the Commonwealth in relation to the supply of a pharmaceutical benefit if that pharmaceutical benefit was never at approved premises for the pharmacist.
             (3)  An approved pharmacist must not make a claim for payment from the Commonwealth in relation to the supply of a pharmaceutical benefit unless the pharmacist, or an agent of the pharmacist, was present at approved premises for the pharmacist at the time the pharmaceutical benefit was dispensed.
             (4)  An approved pharmacist must not make a claim for payment from the Commonwealth in relation to the supply of a pharmaceutical benefit on the basis of a prescription (other than a medication chart prescription) unless the pharmacist, or an agent of the pharmacist, has seen the prescription at approved premises for the pharmacist.
Note:          A supply in accordance with subsection 89A(1) of the National Health Act 1953 (supply of pharmaceutical benefit without prescription) or on an order lodged under regulation 16 of the National Health (Pharmaceutical Benefits) Regulations 1960 (prescriber bag supplies) would not be a supply on the basis of a prescription.
             (5)  An approved pharmacist must not make a claim for payment from the Commonwealth in relation to the supply of a pharmaceutical benefit on the basis of a medication chart prescription unless the pharmacist, or an agent of the pharmacist, has seen a copy of the chart containing the prescription at approved premises for the pharmacist.
             (6)  Subsections (2) to (5) do not limit subsection (1).
             (7)  This section does not apply in relation to the supply of a pharmaceutical benefit in respect of which the pharmacist is entitled to a payment in accordance with subsection 99(3A) of the National Health Act 1953 (supply of pharmaceutical benefit before obtaining approval).
Note:          See also subsection 100(3) of the National Health Act 1953 (instruments made for the purposes of Part VII of that Act have effect subject to special arrangements).
9  Application of amendments made by the National Health (Pharmaceutical Benefits) (Conditions of approval for approved pharmacists) Amendment (Supply from Premises) Determination 2014
             (1)  The amendments made by Schedule 1 to the National Health (Pharmaceutical Benefits) (Conditions of approval for approved pharmacists) Amendment (Supply from Premises) Determination 2014 apply on and after the commencement of that Schedule in relation to an approved pharmacist’s approval, whether it was granted before, on or after that commencement.
             (2)  Section 8 of this determination, as inserted by Schedule 1 to the National Health (Pharmaceutical Benefits) (Conditions of approval for approved pharmacists) Amendment (Supply from Premises) Determination 2014, applies in relation to a supply of a pharmaceutical benefit that occurs on or after the commencement of that Schedule.
             (3)  This section is repealed on the day after the end of the period of 6 months beginning on the day this section commences.