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Instrument 2020 No. R13/MRCC13 Determinations/Veterans' Entitlements as made
This instrument amends the Repatriation Pharmaceutical Benefits Scheme and the MRCA Pharmaceutical Benefits Scheme to implement an interim measure to allow prescribers and patients to provide pharmacists with a digital image of a prescription via fax, email or text message, enabling the pharmacist to dispense medicines and to deliver or post them to the patient. The need for the interim measure has arisen as a consequence of the rapid spread of COVID-19 and will ensure that those patients who are confined to their homes during this period are able to access the necessary medications they need.
Administered by: Veterans' Affairs
Registered 17 Apr 2020
Tabling HistoryDate
Tabled HR12-May-2020
Tabled Senate12-May-2020
Date of repeal 02 Sep 2020
Repealed by Division 1 of Part 3 of Chapter 3 of the Legislation Act 2003

Commonwealth Coat of Arms of Australia

 

Veterans’ Affairs Pharmaceutical Benefits Schemes Amendment (Special Arrangement—COVID-19 Supply of Pharmaceutical Benefits) Determination 2020

 

Instrument 2020 No. R13/MRCC13

 

I, Mark Cormack, as delegate of the Minister for Veterans’ Affairs, approve:

                     (a)  for the purposes of subsection 286(6) of the Military Rehabilitation and Compensation Act 2004—the amendments by the Military Rehabilitation and Compensation Commission of the MRCA Pharmaceutical Benefits Scheme in the following determination; and

                     (b)  for the purposes of subsection 91(5) of the Veterans’ Entitlements Act 1986—the amendments by the Repatriation Commission of the Repatriation Pharmaceutical Benefits Scheme in the following determination.

Dated               14th         day     of        April                  2020

Mark Cormack

Mark Cormack

Deputy Secretary, Policy & Programs

Department of Veterans’ Affairs

 

  

We, as delegates of the Military Rehabilitation and Compensation Commission, under subsection 286(5) of the Military Rehabilitation and Compensation Act 2004, make the amendments of the MRCA Pharmaceutical Benefits Scheme in the following determination.

Dated             14th                 day    of    April               2020

The Seal of the                                                            )

Military Rehabilitation and Compensation Commission          ) SEAL

was affixed to this determination                                 )

in the presence of:                                                       )

Elizabeth Cosson

Charles McHardie

Donald Spinks

ELIZABETH COSSON

AM CSC

Chair

CHARLES McHARDIE

AM

Member

 

DONALD SPINKS

AM

Member

 

The Repatriation Commission, under subsection 91(4) of the Veterans’ Entitlements Act 1986, makes the amendments of the Repatriation Pharmaceutical Benefits Scheme in the following determination.

Dated         14th                  day      of              April                            2020

The Seal of the                                                            )

Repatriation Commission                                             ) SEAL

was affixed to this determination                                 )

in the presence of:                                                       )

Elizabeth Cosson

Charles McHardie

Donald Spinks

ELIZABETH COSSON

AM CSC

President

CHARLES McHARDIE

AM

Acting Deputy President

 

 

DONALD SPINKS

AM

Commissioner

 

 

 

 


Contents

1............ Name............................................................................................................................. 1

2............ Commencement............................................................................................................. 1

3............ Authority....................................................................................................................... 1

4............ Schedules...................................................................................................................... 1

Schedule 1—Amendments                                                                                                                          2

MRCA Pharmaceutical Benefits Scheme                                                                                           2

Repatriation Pharmaceutical Benefits Scheme                                                                               5

 


1  Name

                   This instrument is the Veterans’ Affairs Pharmaceutical Benefits Schemes Amendment (Special Arrangement—COVID-19 Supply of Pharmaceutical Benefits) Determination 2020.

2  Commencement

             (1)  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

Column 3

Provisions

Commencement

Date/Details

1.  The whole of this instrument

The day after this instrument is registered.

 

Note:          This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

             (2)  Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3  Authority

                   This instrument is made under the following:

                     (a)  section 286 of the Military Rehabilitation and Compensation Act 2004;

                     (b)  section 91 of the Veterans’ Entitlements Act 1986.

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 1Amendments

  

MRCA Pharmaceutical Benefits Scheme

1             Section 3

Insert:

                        special arrangement means the National Health (COVID-19 Supply of Pharmaceutical Benefits) Special Arrangement 2020 (the instrument) made by the Minister for Health under section 100 of the National Health Act 1953 to modify the arrangements for the supply of pharmaceutical benefits under Part VII of that Act.

2          Section 16

Omit the reference to “paragraph 16A (continued dispensing)” and substitute “paragraph 16AAA (special arrangements) and paragraph 16A (continued dispensing)”.

3          Section 16

After the section insert:

16AAA  Pharmaceutical benefits supplied under a special arrangement

(1)       A Community Pharmacist will be required to supply a Pharmaceutical

benefit to an Eligible Person under a special arrangement if:

(a)           the supply is made in accordance with the conditions specified in

the National Health (COVID-19 Supply of Pharmaceutical Benefits) Special Arrangement 2020 as in force from time to time:

(i)       as if the supply under the Scheme is a supply covered by the instrument; and

(ii)     the instrument has effect under subsections (2), (3), (4), (5), (6), (7), (8), (9), (10) and (11) of this section; and

(iii)   to the extent that those conditions are applicable to the

                                                  supply; and

(iv)   the supply of the Pharmaceutical benefit occurs before the repeal of the National Health (COVID-19 Supply of Pharmaceutical Benefits) Special Arrangement 2020;

(b)           the supply otherwise conforms to this section.

(2)       For the purposes of paragraph (1)(a) of this section, the National Health (COVID-19 Supply of Pharmaceutical Benefits) Special Arrangement 2020 has effect in accordance with the following table.


 

Modified effect of the National Health (COVID-19 Supply of Pharmaceutical Benefits) Special Arrangement 2020 instrument

 

Item

Column 1

The instrument has effect as if a reference to …

Column 2

were a reference to …

1

a paper-based repeat authorisation

a repeat authorisation form

2

a PBS prescriber

a person who prescribes a Pharmaceutical benefit under the Scheme

3

a pharmaceutical benefit

a Pharmaceutical benefit

4

an approved hospital authority

an Approved Hospital Authority

5

an approved pharmacist

a Community Pharmacist

6

 a CTS claim

a claim under the claims rules

7

Part VII of the Act

the Scheme

8

section 44 of the Regulations

section 16 of the Scheme

9

subsections 40(1), (2) and (2A) of the Regulations

subsections 11A(1) and (1A) of the Scheme

10

subsection 40(2) of the Regulations

subsection 11A(1) of the Scheme

Further modifications of the instrument

(3)       The special arrangement referred to in paragraph (1)(a) has effect as if the definition of “approved hospital authority” in subsection 6(1) of the instrument is omitted.

(4)       The special arrangement referred to in paragraph (1)(a) has effect as if the definition of “approved hospital authority dispenser” in subsection 6(1) of the instrument is replaced with the following:

approved hospital authority dispenser means the Community Pharmacist or approved medical practitioner by whom, or under whose supervision, a Pharmaceutical benefit supplied by an Approved Hospital Authority will be dispensed.

(5)       The special arrangement referred to in paragraph (1)(a) has effect as if the definition of “CTS claim” in subsection 6(1) of the instrument is omitted.

(6)       The special arrangement referred to in paragraph (1)(a) has effect as if the definition of “medication chart prescription” in subsection 6(1) of the instrument is replaced with the following:

medication chart prescription has the same meaning as in the Scheme.

 

(7)       The special arrangement referred to in paragraph (1)(a) has effect as if the definition of “paper-based prescription” in subsection 6(1) of the instrument is replaced with the following:

paper-based prescription has the same meaning as in the Scheme.

(8)       The special arrangement referred to in paragraph (1)(a) has effect as if section 8 of the instrument is replaced with the following:

8          Application of the Scheme

A provision of the Scheme applies subject to this Special Arrangement.

(9)       The special arrangement referred to in paragraph (1)(a) has effect as if subsection 9(1) was omitted and replaced with the following:

(1)   Division 2 of Part 2 of this Special Arrangement applies to the supply of a pharmaceutical benefit by an approved supplier based on a paper-based prescription (excluding a medication chart prescription) written as the result of a telehealth attendance or phone attendance provided on or after 20 March 2020 to which an item in a Fee Schedule (a document incorporated as in force from time to time for the purposes of the Treatment Principles) applies.

(10)   The special arrangement referred to in paragraph (1)(a) has effect as if subsection 9(4) of the instrument is omitted.

(11)   The special arrangement referred to in paragraph (1)(a) has effect as if subsection 10(4) of the instrument is replaced with the following:

(4)   If the prescription is or would be an authority prescription, the supplier may supply the Pharmaceutical benefit under this section only if prior approval has been obtained.


Repatriation Pharmaceutical Benefits Scheme

4             Section 3

Insert:

                        special arrangement means the National Health (COVID-19 Supply of Pharmaceutical Benefits) Special Arrangement 2020 (the instrument) made by the Minister for Health under section 100 of the National Health Act 1953 to modify the arrangements for the supply of Pharmaceutical benefits under Part VII of that Act.

5          Section 16

Omit the reference to “paragraph 16A (continued dispensing)” and substitute “paragraph 16AAA (special arrangements) and paragraph 16A (continued dispensing)”.

6          Section 16

After the section insert:

16AAA  Pharmaceutical benefits supplied under a special arrangement

(1)       A Community Pharmacist will be required to supply a Pharmaceutical

benefit to an Eligible Person under a special arrangement if:

(a)           the supply is made in accordance with the conditions specified in

the National Health (COVID-19 Supply of Pharmaceutical Benefits) Special Arrangement 2020 as in force from time to time:

(i)             as if the supply under the Scheme is a supply covered by the instrument; and

(ii)     the instrument has effect under subsections (2), (3), (4), (5), (6), (7), (8), (9), (10) and (11) of this section; and

(iii)   to the extent that those conditions are applicable to the

                                                  supply; and

(iv)   the supply of the Pharmaceutical benefit occurs before the repeal of the National Health (COVID-19 Supply of Pharmaceutical Benefits) Special Arrangement 2020;

(b)           the supply otherwise conforms to this section.

(2)       For the purposes of paragraph (1)(a) of this section, the National Health (COVID-19 Supply of Pharmaceutical Benefits) Special Arrangement 2020 has effect in accordance with the following table.


 

Modified effect of the National Health (COVID-19 Supply of Pharmaceutical Benefits) Special Arrangement 2020 instrument

 

Item

Column 1

The instrument has effect as if a reference to …

Column 2

were a reference to …

1

a paper-based repeat authorisation

a repeat authorisation form

2

a PBS prescriber

a person who prescribes a Pharmaceutical benefit under the Scheme

3

a pharmaceutical benefit

a Pharmaceutical benefit

4

an approved hospital authority

an Approved Hospital Authority

5

an approved pharmacist

a Community Pharmacist

6

 a CTS claim

a claim under the claims rules

7

Part VII of the Act

the Scheme

8

section 44 of the Regulations

section 16 of the Scheme

9

subsections 40(1), (2) and (2A) of the Regulations

subsections 11A(1) and (1A) of the Scheme

10

subsection 40(2) of the Regulations

subsection 11A(1) of the Scheme

Further modifications of the instrument

(3)       The special arrangement referred to in paragraph (1)(a) has effect as if the definition of “approved hospital authority” in subsection 6(1) of the instrument is omitted.

(4)       The special arrangement referred to in paragraph (1)(a) has effect as if the definition of “approved hospital authority dispenser” in subsection 6(1) of the instrument is replaced with the following:

approved hospital authority dispenser means the Community Pharmacist or approved medical practitioner by whom, or under whose supervision, a Pharmaceutical benefit supplied by an Approved Hospital Authority will be dispensed.

(5)        The special arrangement referred to in paragraph (1)(a) has effect as if the definition of “CTS claim” in subsection 6(1) of the instrument is omitted.

(6)       The special arrangement referred to in paragraph (1)(a) has effect as if the definition of “medication chart prescription” in subsection 6(1) of the instrument is replaced with the following:

medication chart prescription has the same meaning as in the Scheme.

 

(7)       The special arrangement referred to in paragraph (1)(a) has effect as if the definition of “paper-based prescription” in subsection 6(1) of the instrument is replaced with the following:

paper-based prescription has the same meaning as in the Scheme.

(8)       The special arrangement referred to in paragraph (1)(a) has effect as if section 8 of the instrument is replaced with the following:

8          Application of the Scheme

A provision of the Scheme applies subject to this Special Arrangement.

(9)       The special arrangement referred to in paragraph (1)(a) has effect as if subsection 9(1) was omitted and replaced with the following:

(1)   Division 2 of Part 2 of this Special Arrangement applies to the supply of a pharmaceutical benefit by an approved supplier based on a paper-based prescription (excluding a medication chart prescription) written as the result of a telehealth attendance or phone attendance provided on or after 20 March 2020 to which an item in a Fee Schedule (a document incorporated as in force from time to time for the purposes of the Treatment Principles) applies.

(10)   The special arrangement referred to in paragraph (1)(a) has effect as if subsection 9(4) of the instrument is omitted.

(11)   The special arrangement referred to in paragraph (1)(a) has effect as if subsection 10(4) of the instrument is replaced with the following:

(4)   If the prescription is or would be an authority prescription, the supplier may supply the Pharmaceutical benefit under this section only if prior approval has been obtained.