1National Health Act 1953 - Determination under paragraph 98C(1)(b) (No. PB 32 of 2006)

PBS Determination 98CCOMMONWEALTH OF AUSTRALIA

National Health Act 1953

PHARMACEUTICAL BENEFITS

DETERMINATION UNDER PARAGRAPH 98C(1)(b)

No. PB 32 of 2006

I, JOAN CORBETT, Assistant Secretary, Pharmaceutical Benefits Branch, Department of Health and Ageing and Delegate of the Minister for Health and Ageing, pursuant to paragraph 98C(1)(b) of the National Health Act 1953, hereby make the following Determination:

1. This Determination commences on 1 August 2006.

2. Determination No. PB 26 of 2006 under paragraph 98C(1)(b) of the National Health Act 1953, made on 14 June 2006 with effect from 20 June 2006, is repealed.

3. In this Determination:

“Act” means the National Health Act 1953;

“approved price to pharmacists” has the same meaning as in subsection 98B(3) of the Act;

“Commonwealth price” has the same meaning as in subsection 84(1) of the Act;

“extemporaneously-prepared pharmaceutical benefit” means a pharmaceutical benefit other than a ready-prepared pharmaceutical benefit;

“prescription” includes a prescription written on an authority prescription pursuant to regulation 13 of the Regulations, subparagraph 14(d) of the declaration made under subsection 85(2) of the Act or subparagraph 11(d) of the determinations made under sections 85, 85A and 88 of the Act, a repeat authorisation or a deferred supply authorisation;

“ready-prepared pharmaceutical benefit” means a drug or medicinal preparation in respect of which there is in force a determination under subsection 85(6) of the Act;

“Regulations” means the National Health (Pharmaceutical Benefits) Regulations 1960 made under the Act;

“standard formula preparation” means an extemporaneously-prepared pharmaceutical benefit that is listed in Schedule 5 to this Determination.

4. For the purpose of the determination made under subsection 98B(1) of the Act:

(a) pharmaceutical benefits that involve the admixture of ready-prepared ingredients are set out in Schedule 1 to this Determination;

(b) drugs that are used in the preparation of extemporaneously-prepared pharmaceutical benefits and that are unstable or packed sterile and unused quantities of which are unsuitable for future use are set out in Schedule 2 to this Determination;

(c) pharmaceutical benefits that are classified as dangerous drugs for the purpose of payment of a dangerous drug fee are set out in Schedule 3 to this Determination;

(d) pharmaceutical benefits the complete pack of which shall be supplied regardless of any lesser quantity ordered are set out in Schedule 4 to this Determination.