9Approval of Aboriginal health services

9 Approval of Aboriginal health services

(1) If the Health Secretary receives an application in accordance with section 8 to approve an Aboriginal health service, the Health Secretary must, as soon as is reasonably practicable: (a) if the Health Secretary is satisfied that the conditions in subsection (2) of this section are satisfied: (i) approve the Aboriginal health service by notice in writing given to the Aboriginal health service; and (ii) notify the Chief Executive Medicare in writing; or (b) otherwise—refuse the application by notice in writing given to the Aboriginal health service. (2) For the purposes of paragraph (1)(a), the conditions are: (a) the Aboriginal health service has a primary function of meeting the health care needs of Aboriginal and Torres Strait Islander people; and (b) each clinic or other health care facility operated by the Aboriginal health service and from which eligible pharmaceutical benefits are supplied to patients is in a remote zone; and (c) the Aboriginal health service is not an approved pharmacist or an approved hospital authority; and (d) one or more employees or contractors of the Aboriginal health service are health professionals who are qualified under the law of the relevant State or Territory to supply all eligible pharmaceutical benefits; and (e) were the Aboriginal health service to be approved: (i) it would maintain a stock of eligible pharmaceutical benefits supplied to the Aboriginal health service under this special arrangement; and (ii) it would store the stock of pharmaceutical benefits in storage facilities that meet the requirements of subsection (3); and (iii) the pharmaceutical benefits would be supplied to patients of the Aboriginal health service only by, or under the direction of, the qualified employees or contractors mentioned in paragraph (d). (3) For the purposes of subparagraph (2)(e)(ii), the storage facilities must: (a) prevent access by unauthorised persons; and (b) maintain the quality (for example, chemical and biological stability and sterility) of the pharmaceutical benefits; and (c) comply with any special conditions specified by the manufacturer of the pharmaceutical benefits.