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Amendments to the Conditions of Approval for Approved Pharmacists

Page last updated: 16 September 2014

Please note: This News item is no longer current and is only included here for historical reference.

The National Health Act 1953 (the Act) allows for payment of a claim for the supply of a pharmaceutical benefit where the supply has been made at or from premises for which the pharmacist is approved under the Act. 

An approved pharmacist is a pharmacist who is approved under Part VII of the Act to supply pharmaceutical benefits at particular premises (approved premises).

The Act also provides that payment to an approved pharmacist for the supply of a pharmaceutical benefit cannot be made if it was supplied at or from unapproved premises, or otherwise than in accordance with a condition of approval [para 99(3)(b) of the Act].

To emphasise the importance of making a correct claim, a condition is being added to the National Health (Pharmaceutical Benefits) (Conditions of approval for approved pharmacists) Determination 2007 (the Determination).

The proposed condition will clearly state that an approved pharmacist must not make a claim for payment for the supply of a pharmaceutical benefit unless the pharmaceutical benefit was supplied at or from the pharmacist’s approved premises.

The proposed condition will further provide that an approved pharmacist must not make a claim for payment for the supply of a pharmaceutical benefit if the:

  • pharmaceutical benefit was never at the approved premises; or
  • was never dispensed at the approved premises.

A contravention of any of the conditions of approval is deemed to be an ‘abuse’ of approval.  An investigation by a Pharmaceutical Services Committee of Inquiry may be undertaken which could lead to suspension or revocation of the approval [s.92A(3) and s.95 of the Act]. 

Some limited exceptions to the proposed condition for certain types of existing supply arrangements will apply.  These are discussed further in the Frequently Asked Question.

Frequently Asked Questions

To assist approved pharmacists in understanding the intention of the proposed new condition of approval the Department has prepared a series of Frequently Asked Questions.

Frequently Asked Questions – (Word 29 KB)

Frequently Asked Questions - (PDF 563 KB)

Submissions

The submission period closed 15 October 2014.

Privacy

All submissions on the proposed amendments to the conditions of approval for approved pharmacists will not be made publicly available.  Submitters should be aware that submissions may be subject to access under freedom of information law, court proceedings or Government requests.  Responsibility for copyright in your submission resides with you as author and not with the Department of Health.

Your submission including your contact details will be stored in accordance with the Australian Privacy Principles in the Privacy Act 1988 and in accordance with the Archives Act 1983.  To view the Department’s privacy policy, visit the Department’s website.

Should you have any concerns about the storage of your submission, or if you wish to gain access to make a correction, please contact the Department via the Pharmacy Conditions mailbox.

If you wish to make a complaint about the handling of your private information, you may contact the Department of Health Privacy Contact Officer on 02 6289 5773 and, if unsatisfied with the response, you may submit a complaint to the Office of the Australian Information Commissioner.