Pursuant to paragraph 98B (1) (a) of the National Health Act 1953, the Pharmaceutical Benefits Remuneration Tribunal hereby determines that the manner in which the Commonwealth price of all or any pharmaceutical benefits is to be worked out for the purpose of payments to approved pharmacists in respect of the supply by them of pharmaceutical benefits is as set out in this determination. This determination is made in accordance with clauses 12-16 of the Agreement made on 16 November 2005 between the Minister for Health and Ageing (acting on the Commonwealth’s behalf) and The Pharmacy Guild of Australia for the purpose of section 98BAA of the National Health Act 1953.
This determination will come into operation on 1 July 2006 and will remain in force until such time as a further determination is made by the Pharmaceutical Benefits Remuneration Tribunal.
The determination under paragraph 98B (1) (a) of the Act made on 17 November 2005 with effect from 1 December 2005 is repealed with effect from 1 July 2006.
This determination includes the appendices hereto and consists of the following Parts:
Part I — General
Part II — Ready-Prepared Pharmaceutical Benefits
Part III — Extemporaneously-Prepared Pharmaceutical Benefits
This determination will not apply to the supply of a pharmaceutical benefit by an approved pharmacist to a medical practitioner for the purpose of section 93 of the Act.
In this determination:
“approved price to pharmacists” has the same meaning as in subsection 98B (3) of the Act;
“basic wholesale price” has the same meaning as in subsection 98B (3) of the Act;
“dangerous drug fee” means an amount $2.71;
“exceptional prescription” means a prescription for an extemporaneously-prepared pharmaceutical benefit which is not a standard formula preparation and for which the price of the ingredients, calculated in accordance with paragraphs 22 to 25, is not less than twice the amount calculated in accordance with paragraph 37, excluding container price and dispensing fee;
“extemporaneously-prepared dispensing fee” means an amount of $8.46;
“extemporaneously-prepared pharmaceutical benefit” means a pharmaceutical benefit other than a ready-prepared pharmaceutical benefit;
“pharmaceutical item” has the same meaning as in section 84AB of the Act;
“ready-prepared dispensing fee” means $6.42;
“ready-prepared pharmaceutical benefit” means a brand of a pharmaceutical item in respect of which there is a determination under subsection 85 (6) of the Act;
“standard formula preparation” means an extemporaneously-prepared pharmaceutical benefit that is specified in Schedule 5 to the determination under paragraph 98C (1) (b) of the Act;
“the Act” means the National Health Act 1953;
“the Minister” means the Minister for Health and Ageing;
“the Regulations” means the National Health (Pharmaceutical Benefits) Regulations 1960 made under the Act.
In addition to the amount calculated in accordance with Part II of this determination the Commonwealth price will include a dangerous drug fee in respect of those ready-prepared pharmaceutical benefits specified in Schedule 3 to the determination under paragraph 98C (1) (b) of the Act to be dangerous drugs for the purpose of payment of a dangerous drug fee and in respect of those ready-prepared pharmaceutical benefits prescribed by State or Territory legislation to be treated similarly to dangerous drugs.
In addition to the amount calculated in accordance with Part II or Part III of this determination, as the case may be, the Commonwealth price for a pharmaceutical benefit supplied by an approved pharmacist at or from premises located in Western Australia will include an allowance for freight costs ascertained in accordance with the following table:
Location of premises in respect of which the pharmacist is approved Freight allowance
Places within the metropolitan area of Perth as defined in the Nil
Electoral Districts Act 1947 of Western Australia
Other places not more than 100 kilometres from the General Post $0.06
Office, Perth
Places more than 100 kilometres but not more than 400 kilometres $0.11
from the General Post Office, Perth
Places more than 400 kilometres but not more than 1,000 kilometres $0.13
from the General Post Office, Perth
Places more than 1,000 kilometres from the General Post Office, Perth $0.29
For the purposes of this determination, the manufacturers’ packs of pharmaceutical benefits on which the approved prices to pharmacists are based are:
(a) standard packs — a standard pack for a ready-prepared pharmaceutical benefit is the pack that contains a quantity or number of units of the pharmaceutical benefit equal to the quantity or number of units specified as the maximum quantity of the pharmaceutical benefit in the determination under paragraph 85A (2) (a) of the Act; and
(b) non-standard packs — a non-standard pack for a ready-prepared pharmaceutical benefit is any pack of the pharmaceutical benefit, other than a standard pack, that is used for pricing purposes; and
(c) for drugs used in extemporaneously-prepared pharmaceutical benefits, the agreed purchase quantity is that agreed upon between the Minister and The Pharmacy Guild of Australia.
Where, in accordance with subsection 88 (6) of the Act and regulation 24 of the Regulations, a medical practitioner, instead of directing a repeated supply of a pharmaceutical benefit, directs the supply on one occasion of a quantity or number of units of the benefit, not exceeding the total quantity or number of units that could be prescribed if the medical practitioner directed a repeated supply, the Commonwealth price for that supply will include only one dispensing fee and the appropriate price, if any, for the container. The appropriate price, if any, for the container is to be worked out in accordance with paragraphs 15 and 16.
A payment in respect of the supply of a pharmaceutical benefit will not be made unless supply of that pharmaceutical benefit was made in accordance with the Act, the Regulations and the relevant determinations made under the Act.
Where in respect of a drug or medicinal preparation there is a determination under subsection 85 (6) of the Act of a brand or brands under which that drug or medicinal preparation may be supplied as a pharmaceutical item under Part VII of the Act, no payment by the Commonwealth will be made in respect of the supply by an approved pharmacist of any other brand or brands of that drug or medicinal preparation.