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Legislative Council - Fifty-Fourth Parliament, Second Session (54-2)
2021-08-26 Daily Xml
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Health Practitioner Regulation National Law (South Australia) (Telepharmacy) Amendment Bill

Second Reading

Adjourned debate on second reading.

(Continued from 3 December 2020.)

The Hon. K.J. MAHER (Leader of the Opposition) (17:17): I rise to speak on this bill on behalf of the opposition. This bill serves to make permanent some of the temporary COVID measures enabling the delivery of telepharmacy, or remote pharmacy in South Australia. Today, telepharmacy has been limited to specific rural and remote areas.

I note that this bill has sat with this council since October last year. As it turns out, the government had not yet properly or appropriately consulted with stakeholders and required another six months' negotiation with key interest groups, including the Pharmacy Guild of Australia (SA) and the Pharmaceutical Society of South Australia.

It is a common theme of this government to introduce legislation without working out its effect and the nature of its effect, or consulting with major stakeholders, and then having to try to fix it later. The government then filed amendments to the legislation in June, seeking to strengthen the regulatory model underpinning these reforms.

Now the opposition notes that much of the details surrounding this reform will be left to regulations governed by the Pharmacy Regulation Authority SA. Matters that are left to regulation under this bill include the minimum time requirements for telepharmacists to return to a physical pharmacy after practising remotely, that schedule 8 drugs of dependence and compound medicines are excluded from telepharmacy, what level of pharmacy technicians can perform which roles, mandatory specifications surrounding the telepharmacy consult itself and that prescribed areas will likely be Monash level V and above.

These aspects to the reforms are no small detail. How drugs of dependence are regulated, and how community pharmacies might be adversely impacted should the legislation not strike the right balance, are of vital importance. The opposition, in contrast to the government, went out to broad consultation on this bill back in October 2020 but engaged in further direct consultation with both the Pharmacy Guild of Australia South Australian Branch and the Pharmaceutical Society of Australia SA/NT Office, regarding these government amendments.

While both were largely in support of the legislation and the decision to refer much to regulation, the guild was careful to note that they are expecting the government to engage in detailed consultation on the development of these regulations. They seek assurances from the government that they will be heavily engaged and the opposition will be sure to hold the government to account as this legislation and the further development of the regulations under this legislation progress.

With that, I indicate the opposition is supportive of the bill. I can further indicate that we will support the one amendment I think the government has filed and, to aid the passage of this bill, I indicate we will have no questions at the committee stage.

The Hon. J.A. DARLEY (17:20): I rise to support this bill which makes permanent the legal provisions for the authorising of telepharmacy in South Australia. I have received correspondence from the Pharmacy Guild concerned about the development of regulations to facilitate telepharmacy and the guild's desire to be involved in the development of these draft regulations.

The guild has indicated their readiness to assist in the development of workable conditions. The guild believes that they have established collaborative arrangements to date with government but would expect that conditions under which authorisation is granted for access to medicines would be contained in regulation and therefore subject to the normal disallowance process. Can the Minister for Health and Wellbeing advise on the time line for gazettal of regulations and assure the house that the conditions under which authorisation is granted for access will be adequately addressed in regulations?

The Hon. F. PANGALLO (17:21): I am not going to speak on the bill as such, but I rise to say that SA-Best is supportive of the bill. I would like to endorse the comments just made by the Hon. John Darley. In our discussions with the Pharmacy Guild of Australia, with Mr Nick Panayiaris, they also requested that the guild be given an undertaking on the record by the minister that they will be consulted in the development of regulations.

The Hon. R.I. LUCAS (Treasurer) (17:22): I thank honourable members for their contribution to the debate. I have just had a quick word to the Hon. Mr Darley. As the Minister for Health is at another engagement and cannot handle the passage of the bill through the house, I am prepared on his behalf to give an undertaking to have the minister respond to the particular questions the Hon. Mr Darley has raised in his second reading contribution and to put that commitment on the public record. Given the shortness of time, I do not think I will have an appropriate adviser here available during the committee stage, so I thank the honourable member for his contribution.

Bill read a second time.

Committee Stage

In committee.

Clause 1 passed.

Clauses 2 and 3 passed.

Clause 4.

The Hon. R.I. LUCAS: On behalf of the government, I move:

Amendment No 1 [HealthWell–1]—

Page 3, lines 1 to 15 [clause 4, inserted subsections (1b) and (1c)]—Delete subsections (1b) and (1c) and substitute:

(1b) The Authority may only grant an authorisation under subsection (1a)(a) in respect of a pharmacy if—

(a) the pharmacy is located within a prescribed area; and

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

(c) the Authority is satisfied that a pharmacy services provider, who is proposed to provide 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 comply with a code of conduct applying to the provider under this Act in respect of such operation.

(1c) An authorisation granted under subsection (1a)(a) will be subject to the following conditions:

(a) any conditions prescribed by the regulations;

(b) any conditions imposed by the Authority.

(1d) A condition of an authorisation under subsection (1c) may, without limitation—

(a) specify a pharmacy service, or pharmacy services of a class, which may not be provided while a pharmacist is not physically in attendance at the pharmacy pursuant to the authorisation; or

(b) require the physical attendance of a pharmacist at the pharmacy at specified intervals; or

(c) specify staffing requirements (including staff qualifications) for a pharmacy while a pharmacist is not physically in attendance at the pharmacy pursuant to the authorisation; or

(d) otherwise limit or restrict the circumstances or manner in which pharmacy services may be provided while a pharmacist is not physically in attendance at the pharmacy pursuant to the authorisation.

(1e) The Authority may, by notice in writing to a person holding an authorisation under subsection (1a)(a)—

(a) vary or revoke a condition imposed under subsection (1c)(b); or

(b) impose a new condition in relation to the authorisation; or

(c) revoke the authorisation.

(1f) A person must not contravene or fail to comply with a condition applying in relation to an authorisation granted under subsection (1a)(a).

Maximum penalty: $50,000.

(1g) Subsection (1b)(a) does not apply in circumstances determined by the Authority to be circumstances of an emergency.

Amendment carried.

The Hon. R.I. LUCAS: On behalf of the government, I move:

Amendment No 2 [HealthWell–1]—

Page 3, after line 15—After line 15 insert:

(2) Section 43(4)—before the definition of pharmacy insert:

emergency includes an event (whether occurring in the State, outside the State or in and outside the State) that causes, or threatens to cause—

(a) the death of, or injury or other damage to the health of, any person; or

(b) the destruction of, or damage to, any property; or

(c) a disruption to essential services or to services usually enjoyed by the community; or

(d) harm to the environment, or to flora or fauna;

Note—

This is not limited to naturally occurring events (such as earthquakes, floods or storms) but would, for example, include fires, explosions, accidents, epidemics, pandemics, emissions of poisons, radiation or other hazardous agents, hijacks, sieges, riots, acts of terrorism and hostilities directed by an enemy against Australia.

Amendment carried; clause as amended passed.

Remaining clause (5) and title passed.

Bill reported with amendment.

Third Reading

The Hon. R.I. LUCAS (Treasurer) (17:25): I move:

That this bill be now read a third time.

Bill read a third time and passed.

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