National Health (Australian Community Pharmacy Authority Rules) Amendment Determination 2008 (No. )

Schedule 1 Amendments

(section 3)

[1] Subsection 6 (1), definition of approved premises, including the notes

omit

[2] Subsection 6 (1), after definition of existing premises

insert

full-time, for a prescribing medical practitioner, means providing the services of a prescribing medical practitioner for at least 38 hours each week.

[3] Subsection 6 (1), definition of large medical centre

substitute

large medical centre means a medical centre that:

(a) is under single management; and

(b) operates for at least 70 hours a week; and

(c) has prescribing medical practitioners providing general practice services at the centre for at least 70 hours a week.

[4] Subsection 6 (1), definition of PhARIA

omit

2006/07

insert

2008/09

[5] Subsection 6 (1), definition of proposed premises

omit

or from

[6] Subsection 6 (2)

substitute

(2) For this Determination, existing premises are taken not to be located in the same rural locality as proposed premises if the existing premises and the proposed premises are not located in the same town, city, State or Territory.

[7] After section 6

insert

6A Meanings of approved premises and redundant premises

(1) For this Determination, approved premises are premises, other than redundant premises:

(a) in respect of which an approval granted under section 90 of the Act is in force; or

(b) in respect of which the Authority has recommended an applicant be approved under section 90 of the Act.

(2) Premises are redundant premises if all of the following apply:

(a) the premises are existing premises in relation to an application;

(b) the Authority has recommended that the applicant who made the application be approved under section 90 of the Act in respect of the proposed premises;

(c) the pharmacist approved in respect of the existing premises has requested, in writing, that if the applicant is to be approved in respect of the proposed premises, the existing approval will be cancelled immediately before the approval in respect of the proposed premises is granted;

(d) the pharmacist approved in respect of the existing premises has ceased to carry on business as a pharmacist at the approved premises;

(e) the Secretary:

(i) is aware of the cessation and of the reason for it; and

(ii) has agreed to cancel the existing approval only in accordance with a request of the kind mentioned in paragraph (c).

Note 1 Under paragraph 90E (b) of the Act, references in the Act to an approval granted under section 90 of the Act include references to an approval treated as having been granted under section 90 by paragraph 90E (a) of the Act.

Note 2 Under paragraph 91 (7) (c) of the Act, references in the Act to an approval granted under section 90 of the Act include references to an approval treated as having been granted under section 90 by paragraph 91 (7) (a) of the Act.

[8] Schedule 1, item 107

substitute

107

Relocation to rural locality (additional pharmacy)

1. The proposed premises are in a rural locality.

2. The proposed premises are at least 200 m, in a straight line, from the nearest approved premises.

3. The Authority is satisfied that:

(a) the resident population of the catchment area for the proposed premises is, for most of the year, at least 8 000; and

(b) the number of prescribing medical practitioners practising in the catchment area for the proposed premises is equivalent to at least 4 full‑time prescribing medical practitioners; and

(d) the pharmacy operating from the approved premises mentioned in paragraph (c) has not, in the 3 years before the day on which the application is made, been involved in an amalgamation with a pharmacy that had operated from other approved premises in the same rural locality, other than an amalgamation that occurred on or after 1 July 2006.

[9] Schedule 1, item 108

substitute

108

Relocation to urban locality (additional pharmacy)

1. The proposed premises are not in a rural locality.

2. The proposed premises are at least 500 m, in a straight line, from the nearest approved premises.

3. The Authority is satisfied that:

(a) the resident population of the catchment area for the proposed premises:

(i) is, for most of the year, at least 8 000; and

(ii) has grown by at least 5% in each of the 2 years before the day on which the application was made; and

(b) the catchment area for the proposed premises contains only 1 approved premises.

[10] Schedule 1, item 109, requirement 2

substitute

2. The proposed premises are at least 500 m, in a straight line, from the nearest approved premises.

[11] Schedule 1, item 112

substitute

112

Relocation to large medical centre

1. The proposed premises are in a large medical centre.

2. The proposed premises are at least 500 m, in a straight line, from the nearest approved premises.

3.(1) The Authority is satisfied that, at all relevant times, the number of prescribing medical practitioners practising at the medical centre was equivalent to at least 8 full‑time prescribing medical practitioners.

(2) For this item, all relevant times means:

(a) on the day on which the application was made; and

(b) in each of the 6 months before that day.

4. The Authority is satisfied that the applicant will make all reasonable attempts to ensure that the operating hours of the proposed premises will meet the needs of the patients of the medical centre.

[12] Schedule 1, item 113

substitute

113

New pharmacy (urban locality)

1. The proposed premises are not in a rural locality.

2. The proposed premises are at least 1.5 km, in a straight line, from the nearest approved premises.

3. The Authority is satisfied that:

(a) the resident population of the catchment area for the proposed premises is, for most of the year, at least 3 000; and

(b) the number of prescribing medical practitioners practising in the catchment area for the proposed premises is equivalent to at least 1 full‑time prescribing medical practitioner.

[13] Schedule 1, item 114, column 2

substitute

New pharmacy (rural locality)

[14] Schedule 2, item 201, paragraph (b)

substitute

(b) the proposed premises, on the date of the application and on the date on which the Authority makes a recommendation in respect of the application:

(i) could be used for the operation of a pharmacy under applicable local government and State or Territory laws relating to land development; and

(ii) would be accessible by members of the public at large; and

[15] Schedule 2, item 201, after paragraph (d)

insert

Note Requirement 201 (b) (i) would be satisfied if, for example, planning approval for the proposed pharmacy has been obtained or, if this is not necessary in the State or Territory where the pharmacy would be located, the proposed premises are on land that is zoned so as to enable the operation of a pharmacy. An application to obtain a building works approval or a certificate of occupancy, or similar, is not required to satisfy this requirement. However, it may be needed for compliance with requirement (c), depending on the operation of applicable State or Territory land development laws.