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Legislative Council - Fifty-Fourth Parliament, Second Session (54-2)
2020-10-15 Daily Xml
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Health Practitioner Regulation National Law (South Australia) (Telepharmacy) Amendment Bill

Introduction and First Reading

The Hon. S.G. WADE (Minister for Health and Wellbeing) (15:41): Obtained leave and introduced a bill for an act to amend the Health Practitioner Regulation National Law (South Australia) Act 2010. Read a first time.

Second Reading

The Hon. S.G. WADE (Minister for Health and Wellbeing) (15:42): I move:

That this bill be now read a second time.

I seek leave to have the second reading and explanation of clauses inserted in Hansard without my reading them.

Leave granted.

I rise today to introduce the Health Practitioner Regulation National Law (South Australia) (Telepharmacy) Amendment Bill 2020.

The purpose of this bill is to make permanent the legal provisions for the authorising of telepharmacy in South Australia. Similar temporary provisions were supported by members as part of the COVID-19 Emergency Response (Further Measures) (No.2) Amendment Bill. These provisions were extended with the passage of the COVID-19 Emergency Response (Expiry and Rent) Amendment Bill 2020 and are set to expire on 6 February 2021.

Telepharmacy is the provision of pharmaceutical care and products to a patient through the use of video and audio telecommunication, where the pharmacist is not physically present in a pharmacy. This also includes the provision of medicines where the pharmacist is not able to receive and/or provide the medicine to the patient personally, and therefore the provision of medicines is achieved through the use of telecommunications and information technologies to patients at a distance.

In 2004, telepharmacy was provided in South Australia 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. This Bill will consolidate the legislative base and provide the Pharmacy Regulation Authority of South Australia with clear and express powers to authorise telepharmacy arrangements under strict conditions.

Clarifying the powers of the regulatory authority will also provide assurance to the communities that rely on these services. Telepharmacy services have been provided successfully in limited regional locations, which include Cleve, Cowell, Kimba, Crystal Brook, Laura and Gladstone.

Under the provisions of the National Law the Pharmacy Regulation Authority of South Australia (PRASA) is responsible for the administration of Part 4 of the National Law, which concerns pharmacy.

PRASA is established under section 27 of the National Law and has a number of functions including the registration of pharmacy premises, depots and pharmacy services providers, ensuring compliance with the National Law and preparing, endorsing and publishing codes of conduct which also have to be approved by the Minister.

This bill will clarify the law in regard to the authorisation of the remote attendance of a pharmacist by PRASA. Since the National Law came into operation telepharmacy has continued on the understanding that it is not prohibited by that Act. This bill will provide PRASA with clear and express powers to authorise telepharmacy arrangements under strict conditions.

This bill includes two additional provisions to those included in the temporary COVID-19 Acts.

Firstly, PRASA may only authorise the provision of telepharmacy services where the authorisation is necessary to ensure that pharmacy services are available to people who otherwise would not have direct and timely access to these services. This addresses any perceived potential for new business models for routine delivery of pharmacy services.

PRASA recognise that best practice is for a pharmacist to provide professional pharmacy services in-person to a patient. However, in the event that a pharmacy is unable to open and maintain essential pharmacy services, for example, due to an outbreak of COVID-19 from within their staff cohort, telepharmacy services may provide a safe and appropriate option and allow isolated South Australian populations to continue to access pharmacy services without the physical presence of a pharmacist. Community pharmacists play an important role in the delivery of medication and other services to customers and continuity of service is imperative.

Secondly, a pharmacy services provider must ensure that a relevant code of conduct is complied with when providing services remotely. The Pharmacy Regulation Authority of South Australia has developed a code of conduct for this purpose.

A broad range of stakeholders were consulted about this bill, including medical and pharmacy groups, and no concerns have been raised.

The Commonwealth Government has moved to enable provision of medication review services through telehealth systems during the COVID-19 pandemic to ensure vulnerable patients can receive pharmacist-delivered support while remaining isolated from COVID-19. This supports the safety of patients and pharmacists, and ensures continuity of care. Technology is enabling the enhancement of the safety and quality of healthcare for the community through access to pharmacy services where they would otherwise be unavailable.

It is important that this framework is established permanently and I commend this bill to all members.

EXPLANATION OF CLAUSES

Part 1—Preliminary

1—Short title

2—Commencement

3—Amendment provisions

These clauses are formal.

Part 2—Amendment of Health Practitioner Regulation National Law (South Australia) Act 2010

4—Amendment of section 43—Supervision of pharmacies by pharmacists

This clause amends section 43 of the Act to provide that the requirement under section 43(1) that a pharmacist is in attendance and available for consultation while the pharmacy is open to the public does not apply in circumstances where—

(a) the person is authorised by the Authority to operate the pharmacy business without a pharmacist being physically in attendance at the pharmacy; and

(b) a pharmacist is, by means of Internet or other electronic communication (other than communication of a kind specified by the Authority), in attendance during any period the pharmacy business is operating and is available for consultation by members of the public.

The proposed amendment provides that the Authority must not grant an authorisation for this exemption to apply unless satisfied that—

(a) the authorisation is necessary to ensure that pharmacy services are available to persons who would not otherwise have direct and timely access to such services; and

(b) a pharmacy services provider providing pharmacy services as part of the operation of the pharmacy business without a pharmacist being physically in attendance at the pharmacy has taken all reasonable steps to ensure that the provider will, at all times, comply with a code of conduct applying to the provider under this Act in respect of such operation.

5—Amendment of section 46—Conditions

This clause amends section 46 of the Act to provide that a condition of the registration of a pharmacy that is inconsistent with section 43(1a) (as proposed to be inserted by clause 4) will, to the extent of the inconsistency, be taken to be modified to give effect to that section.

Debate adjourned on motion of Hon. I.K. Hunter.

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