SUMMARY - Safe Medications Management project: Key issues and ...

In addition, the Pharmaceutical Benefits Scheme has an important role both in the community andin residential care through the provision of medicines via PBS scripts.A comparison of the legislation follows:2.1.1.1. The National Health Act 1953This Act relates to the provision of pharmaceutical, sickness and hospital benefits, and of medicaland dental services and is administered by the Australian Government Department of Health andAgeing.Relevant definitions in this legislation relate to – (authorised) and (eligible) nurse practitioner and(approved) pharmacist defined and referred to in Part I and Part VII of the Act. A medicalpractitioner and an authorised nurse practitioner are also defined as PBS prescribers. It does referto a medical practitioner being authorised to write a prescription for the supply of apharmaceutical. The only specific reference to aged care is where a prescribed institution means aresidential care service within the meaning of the Aged Care Act 1997.There are no other references to aged care, medicines or health professionals’ roles andresponsibilities.2.1.1.2. The Aged Care Act 1977The Aged Care Act 1997, and associated Aged Care Principles (there are approximately 23 sets ofPrinciples under the Act which determine and describe a range of key responsibilities andrequirements), provide the legislative framework for the provision of the majority of aged careservices relating to community care, residential care and flexible care in Australia and isadministered by the Australian Government Department of Health and Ageing.This Act replaced the provisions in the National Health Act 1953 (the National Health Act) and theAged or Disabled Persons Care Act 1954, wherein nursing homes and hostels had been previouslyadministered.The current Act identifies the arrangements to determine:Who can provide care, and their roles and responsibilities,Who can receive care, and their rights and responsibilities, What types of aged care services are available, and How aged care is funded. 4In addition, under Part 2.1 Division 8-1 and 8-3A Approved Provider and Key Personnel are themain roles defined and described in the Act (and in the associated Aged Care Principles)particularly relating to Quality of Care, Accreditation, User Rights, Accountability and theStandards relating to residential care, community care and flexible care. These roles arefundamental in the legislative accountability for the provision of aged care.2.1.1.3. The Therapeutic Goods Act 1989 and Therapeutic Goods Regulations 19904 Report on the Operation of the Aged Care Act for 2009/201010