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Legislative Council - Fifty-Fourth Parliament, Second Session (54-2)
2020-07-21 Daily Xml
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COVID-19 Emergency Response (Further Measures) (No. 2) Amendment Bill

Standing Orders Suspension

The Hon. S.G. WADE (Minister for Health and Wellbeing) (15:58): I move:

That standing orders be so far suspended as to enable me to introduce a bill forthwith.

The PRESIDENT: There being an absolute majority present, I will accept the motion.

Motion carried.

Introduction and First Reading

The Hon. S.G. WADE (Minister for Health and Wellbeing) (15:58): Obtained leave and introduced a bill for an act to amend the COVID-19 Emergency Response Act 2020. Read a first time.

Second Reading

The Hon. S.G. WADE (Minister for Health and Wellbeing) (15:59): I move:

That this bill be now read a second time.

Today, I rise to introduce the COVID-19 Emergency Response (Further Measures) (No. 2) Amendment Bill 2020. The bill continues the Marshall Liberal government's approach of constantly strengthening the legislative framework underpinning the COVID-19 response. The bill focuses on building on the strong contribution that pharmacists, general practitioners and other health professionals have made to the pandemic response thus far and supporting their contribution to the ongoing response.

The amendments only operate for the COVID-19 emergency period and will expire in the same way as other provisions of the COVID-19 Emergency Response Act 2020, that being either when the emergency is no longer declared or six months after the act commenced, being 9 October 2020. The bill provides an opportunity to strengthen the protection of front-line workers in pharmacies and general practices, as well as strengthen our approach to pharmacy services.

First, the amendment bill seeks to include pharmacists, pharmacy assistants and persons performing duties in a pharmacy, as well as medical practitioners, nurses or otherwise performing duties at a place where medical treatment is provided or medical testing is undertaken, including a general practice, medical centre or place at which people are screened for COVID-19 or other diseases within the scope of a prescribed emergency worker under the Criminal Law Consolidation Act 1935 to provide them with the same additional protection as other front-line health workers.

Medical practitioners, pharmacists and those performing duties in a pharmacy or at a place where medical treatment is provided or medical testing is undertaken, make a significant contribution to supporting the community, and this has been especially evident through the COVID-19 pandemic. This change recognises that they need to have the same protections as other health workers operating in our community and seeks to make sure that anyone who assaults or causes harm to these front-line workers is subject to the same increased penalties.

This change is particularly relevant for pharmacists and those performing duties in a pharmacy where they may be required to limit dispensing and sales of certain prescription and over-the-counter medicines in response to increased demand due to COVID-19.

Secondly, the amendment bill also seeks to amend the Health Practitioner Regulation National Law (South Australia) Act 2010 to provide the Pharmacy Regulation Authority South Australia with the express power to authorise certain pharmacy premises to operate without a pharmacist physically in attendance, provided they are in attendance through the use of computer, video or audio links. This will allow the pharmacist to communicate with patients and appropriately trained pharmacy staff remotely.

The changes provide clarity in the operation of the law to allow for remote attendance of pharmacists by telepharmacy. Telepharmacy services are a key strategy to support the provision and access to health care during the COVID-19 pandemic. They also allow essential pharmacy services to be maintained and are especially important in rural and regional areas of South Australia where the pharmacy workforce is limited. Telepharmacy has previously been authorised in our state before the commencement of the Health Practitioner Regulation National Law (South Australia) Act 2010.

In 2004, telepharmacy was provided as part of the national trial to enable provision of care to rural and remote communities. More recently, telepharmacy has been provided on the understanding that it is not prohibited under the Health Practitioner Regulation National Law (South Australia) Act 2010. These amendments have been sought to clarify the powers of the regulatory authority and provide assurance to the communities that may rely on these services during the pandemic. The Pharmacy Regulation Authority SA will only authorise remote attendance of pharmacists where there is a demonstrable need for the service.

COVID-19 pandemic preparedness and continuity planning for community pharmacies has highlighted the risk to continuity of services should there be an outbreak of COVID-19 in rural and remote areas of the state. The amendment bill will support continuity of service through this emergency period.

The Pharmacy Regulation Authority of South Australia, supported by the Chief Pharmacist, will ensure the establishment of a strict regulatory regime for the provision of telepharmacy to ensure high standards in the operation of any pharmacy utilising telepharmacy. These changes also give the Pharmacy Regulation Authority SA the power to limit the kinds of communication that may be utilised in the provision of telepharmacy. Telepharmacy by remote attendance of a pharmacist is also aligned with the commonwealth government's move to provide medication review services through telehealth systems to ensure vulnerable patients can receive pharmacist-delivered support while remaining isolated from COVID-19.

Community pharmacists play an important role in our community. They provide critical access to medicines, and the services they provide lead to improved patient compliance, reduced inappropriate medication use, fewer preventable adverse drug effects and interactions, reduced hospitalisations and GP visitation, and a better quality of life for the community. Enabling continued access to these services through the COVID-19 pandemic is essential.

I would like to acknowledge the opposition's suggestions on this bill, which have led to enhancements to it. I commend this bill to the council.

EXPLANATION OF CLAUSES

Part 1—Preliminary 1—Short title 2—Amendment provisions

These clauses are formal.

Part 2—Amendment of COVID-19 Emergency Response Act 2020

3—Amendment of Schedule 2—Temporary modification of particular State laws

This clause amends Schedule 2 of the principal Act to insert 2 new Parts.

The first, Part A2, modifies the operation of the Criminal Law Consolidation Act 1935 to include pharmacists and other pharmacy workers in the scope of what is a prescribed emergency worker for the purposes of that section. Similarly, it extends paragraph (e) of the definition of 'prescribed emergency worker' to include medical professionals and others working in GP clinics and other places at which medical treatment or testing is undertaken, in addition to those people working in hospitals.

The second, Part 2AA, modifies the operation of the Health Practitioner Regulation National Law (South Australia) Act 2010 such that the requirement under section 43 of that Act that a pharmacist be physically on premises while a pharmacy is operating is modified to permit the pharmacist to be on the premises via the internet or by other electronic means, and customers are able to consult the pharmacist using those means. The Authority, however, can limit the kinds of communications that may be utilised in such circumstances.

Debate adjourned on motion of Hon. T.T. Ngo.

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