COMMONWEALTH OF AUSTRALIA
Instrument number PB 17 of 2009
Special Arrangements under subsection 100(1)(b)(i) of the National Health Act 1953
I, DECLAN O’CONNOR-COX, Assistant Secretary, Access and Systems Branch, Pharmaceutical Benefits Division, Department of Health and Ageing and delegate of the Minister for Health, pursuant to paragraph 100(1)(b)(i) of the National Health Act 1953, hereby make the following arrangements for the purpose of conducting a trial of alternative procedures for the supply of pharmaceutical benefits to in-patients of Epworth Eastern Private Hospital.
Special Arrangements: Epworth Eastern Private Hospital Paperless Prescribing and Claiming Trial
Commencement:
1. These arrangements commence on 16 June 2008.
Definitions:
2. In these arrangements:
(a) a word or phrase will be taken to have the same meaning as in the Act, the Regulations or a declaration, determination or other instrument made under Part VII of the Act or under the Regulations;
(b) “in-patient of the hospital” means a person who occupies a bed in the hospital for the purpose of hospital treatment, but does not include a member of the staff of the hospital who is receiving treatment in his or her own quarters;
(c) “the Act” means the National Health Act 1953;
(d) “the 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 that hospital in Column 1 of the Schedule;
(e) “Medicare Australia” means the statutory agency established by the Medicare Australia Act 1973;
(f) “the hospital” means the hospital whose name and address is specified in Column 1 of the Schedule to these arrangements;
(g) “the Medicare Australia CEO” means the Chief Executive Officer of Medicare Australia;
(h) “the Regulations” means the National Health (Pharmaceutical Benefits) Regulations 1960 as they exist from time to time;
(i) ‘the Rules’ means the rules in force under section 99AAA(8) of the Act as they exist from time to time; and
(j) “the Secretary” means the Secretary of the Department of Health Ageing.
3. These arrangements will apply to the supply of pharmaceutical benefits by the approved supplier to the in-patients of the hospital specified in Column 1 of the Schedule.
4. Except where otherwise specified in these arrangements, the provisions of the Act, the Regulations and the declarations, determinations and other instruments made under Part VII of the Act and under the Regulations will apply to the prescribing of pharmaceutical benefits for the treatment of the in-patients of the hospital, to the supply of those pharmaceutical benefits by the approved supplier to the in-patients of the hospital, and to claims for payment by the approved supplier for the supply of those pharmaceutical benefits.
Medical Practitioner
5. A medication chart prepared and signed electronically by a medical practitioner, on which is prescribed a pharmaceutical benefit for the medical treatment of the in-patient of the hospital who is named on the medication chart, 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 in-patient for whose treatment the medication chart was prepared will be taken to be the address of that in-patient for the purpose of paragraph 19(1)(d) of Regulations; and
(b) the medication chart bears the number of the Medicare card, including the sub-numerate, which applies to the in-patient for whose treatment the medication chart was prepared; and
(c) in the case of a medication chart prepared in respect of an in-patient of the hospital who is not a general patient within the meaning of subsection 84(1) of the Act, the medication chart bears the matters prescribed by regulation 19A of the Regulations; and
(d) the medication chart bears the identification number issued by Medicare Australia, according to Regulation 8A of the Regulations, to the medical practitioner who prescribed the pharmaceutical benefit; and
(e) if the medication chart directs, pursuant to paragraph 85A(2)(b) of the Act and subparagraph 19(1)(f)(ii) of the Regulations, that the supply of the pharmaceutical benefit is to be repeated, that direction will be invalid; and
(f) if the medication chart directs the supply of an increased quantity of a pharmaceutical benefit pursuant to subsection 88(6) of the Act and regulation 24 of the Regulations, that direction will be taken to be a direction to supply the maximum quantity for that benefit determined under paragraph 85A (2)(a) of the Act; and
(g) if the medication chart directs the supply of a quantity of a pharmaceutical benefit greater than the maximum quantity for that benefit determined under paragraph 85A (2)(a) of the Act, the medical practitioner who prescribed the pharmaceutical benefit has provided the Medicare Australia CEO with the number, including the sub-numerate, of the Medicare card which applies to the in-patient for whose treatment the medication chart has been prepared and has obtained in accordance with regulation 13 of the Regulations, an authority from the Minister which varies the application of that determination to the in-patient; and
(h) if the medication chart directs the supply of a pharmaceutical benefit for which it is necessary to obtain the authority of the Medicare Australia CEO pursuant to subparagraph 14 (d) of the declaration made under subsection 85(2) of the Act, the medical practitioner who prescribed the pharmaceutical benefit has provided the Medicare Australia CEO with the number, including the sub-numerate, of the Medicare card, which applies to the in-patient for whose treatment the medication chart has been prepared and has obtained that authority in accordance with that subparagraph.
Participating Dental Practitioner
6. A medication chart prepared by a participating dental practitioner, on which is prescribed a pharmaceutical benefit for the dental treatment of the in-patient of the hospital who is named on the medication chart, 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 in-patient for whose treatment the medication chart was prepared will be taken to be the address of that in-patient for the purpose of paragraph 19(1)(d) of the Regulations; and
(b) the medication chart bears the number of the Medicare card, including the sub-numerate, which applies to the in-patient for whose treatment the medication chart was prepared; and
(c) in the case of a medication chart prepared in respect of an in-patient of the hospital who is not a general patient within the meaning of subsection 84(1) of the Act, the medication chart bears the matters prescribed by regulation 19A of the Regulations; and
(d) the medication chart bears the identification number issued by Medicare Australia, according to Regulation 8A of the Regulations, to the participating dental practitioner who prescribed the pharmaceutical benefit.
Authorised Optometrist
7. A medication chart prepared by an authorised optometrist, on which is prescribed a pharmaceutical benefit for the medical treatment of the in-patient of the hospital who is named on the medication chart, 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 in-patient for whose treatment the medication chart was prepared will be taken to be the address of that in-patient for the purpose of paragraph 19(1)(d) of Regulations; and
(b) the medication chart bears the number of the Medicare card, including the sub-numerate, which applies to the in-patient for whose treatment the medication chart was prepared; and
(c) in the case of a medication chart prepared in respect of an in-patient of the hospital who is not a general patient within the meaning of subsection 84(1) of the Act, the medication chart bears the matters prescribed by regulation 19A of the Regulations; and
(d) the medication chart bears the identification number issued by Medicare Australia, according to Regulation 8A of the Regulations, to the authorised optometrist who prescribed the pharmaceutical benefit; and
(e) if the medication chart directs, pursuant to paragraph 85A(2)(b) of the Act and subparagraph 19(1)(f)(ii) of the Regulations, that the supply of the pharmaceutical benefit is to be repeated, that direction will be invalid; and
(f) if the medication chart directs the supply of an increased quantity of a pharmaceutical benefit pursuant to subsection 88(6) of the Act and regulation 24 of the Regulations, that direction will be taken to be a direction to supply the maximum quantity for that benefit determined under paragraph 85A (2)(a) of the Act; and
(g) if the medication chart directs the supply of a quantity of a pharmaceutical benefit greater than the maximum quantity for that benefit determined under paragraph 85A (2)(a) of the Act, the authorised optometrist who prescribed the pharmaceutical benefit has provided the Medicare Australia CEO with the number, including the sub-numerate, of the Medicare card which applies to the in-patient for whose treatment the medication chart has been prepared and has obtained in accordance with regulation 13 of the Regulations, an authority from the Minister which varies the application of that determination to the in-patient; and
(h) if the medication chart directs the supply of a pharmaceutical benefit for which it is necessary to obtain the authority of the Minister pursuant to subparagraph 14 (d) of the declaration made under subsection 85(2) of the Act, the authorised optometrist who prescribed the pharmaceutical benefit has provided the Medicare Australia CEO with the number, including the sub-numerate, of the Medicare card, which applies to the in-patient for whose treatment the medication chart has been prepared and has obtained that authority in accordance with that subparagraph.
8. The approved supplier will supply pharmaceutical benefits to in-patients of the hospital as if medication charts were original prescriptions provided that:
(a) where a medication chart contains a direction to supply more that one pharmaceutical benefit, the approved supplier will not, pursuant to Regulation 26A of the Regulations, defer the supply of one or more of the benefits; and
(b) 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, certifies on the medication chart that the pharmaceutical benefit has been supplied and the date on which it was supplied and signs his or her name.
9. The approved supplier must prepare an electronic pharmacy record in respect of each medication chart in respect of which a pharmaceutical benefit has been supplied to an in-patient of the hospital, and must retain that electronic pharmacy record for not less that one year after the day on which the pharmaceutical benefit was supplied.
10. The electronic pharmacy record referred to in paragraph 9 must contain all information required to be included in a prescription record by Part 4 of Schedule 1 of the Rules.
11. Subject to paragraph 12, a claim by the approved supplier in respect of pharmaceutical benefits supplied to in-patients of the hospital may be furnished unaccompanied by the medication charts in respect of which pharmaceutical benefits have been supplied to in-patients of the hospital.
12. If the Medicare Australia CEO notifies the approved supplier that a copy of all or any of the electronic pharmacy records in respect of pharmaceutical benefits supplied to in-patients of the hospital is required to be submitted, that approved supplier shall submit a copy of each such electronic pharmacy record to Medicare Australia.
13. If the Medicare Australia CEO notifies the hospital that a copy of all or any of the medication charts in respect of pharmaceutical benefits supplied to in-patients of the hospital is required to be submitted, the hospital shall submit a copy of each such medication chart to Medicare Australia.
14. Information provided by electronic means to the Secretary by the approved supplier in respect of a claim in respect of pharmaceutical benefits supplied to in-patients of the hospital will conform to the requirements of paragraph 5 and the Schedules to, the Rules.
THE SCHEDULE
Column 1 – name and address of hospital
Column 2 – name, address and approval number of the approved supplier
Epworth Eastern Private Hospital
1 Arnold Street
Box Hill, Victoria 3128
David Slade (trading as Slade Pharmacy)
1 Arnold Street
Box Hill, Victoria 3128
Approval Number: 22298N
Dated this 5th day of February 2009
DECLAN O’CONNOR-COX
Assistant Secretary
Access and Systems Branch
Pharmaceutical Benefits Division
Department of Health and Ageing
Delegate to the Minister of Health
