Approved pharmacist

The Department of Human Services under the – Medicare Program can grant pharmacists approval to supply PBS subsidised medicine in accordance with section 90 of the National Health Act 1953.

The approved pharmacist/s must be permitted to carry on a pharmacy business from the specific premises by their relevant state or territory regulatory authority. They must also be able to supply pharmaceutical benefits on request from that particular premises. 

Pharmacy Location Rules

The Minister for Health and Ageing (the Minister) approved amendments to the Pharmacy Location Rules by signing the National Health (Australian Community Pharmacy Authority) Determination 2011 made under section 99L of the National Health Act 1953 (the Act), commonly referred to as the Pharmacy Location Rules (the Rules).

Applications will continue to be lodged through the Department of Human Services (Medicare). Applications received by Medicare on or after 18 October 2011 will be assessed under the amended Rules and must be made on new application form 8013 available below. Applicants wishing to lodge an application for consideration under the amended Rules must refer to the Pharmacy Location Rules – Applicant’s Handbook, v1.0, 18 October 2011 available at www.health.gov.au/ACPA.

Establishing a new pharmacy

You will need to obtain approval from Medicare before you can supply PBS subsidised medicine at a new pharmacy.

To lodge an application with Medicare, you need to complete an Applying for approval to supply Pharmaceutical Benefits at a particular premises (8013) [PDF, 237Kb] and include the required documentation to complete the application. 

These applications are referred to the Australian Community Pharmacy Authority (ACPA). The ACPA meet once a month to assess each application against ministerial rules and make recommendations to Medicare to approve or reject each application.

For details of the ministerial rules, ACPA meeting dates and application cut-off dates, visit the Department of Health and Ageing website, use ACPA in the search function.

You must receive approval to carry on the pharmacy business by your relevant state or territory regulatory authority before Medicare can approve your application.

You will be required to submit a bank account form and an ABN form to Medicare when you receive approval for your pharmacy.

Relocating an existing pharmacy

You will need approval from Medicare before relocating your pharmacy, to ensure you continue to receive your entitlement to PBS benefits.

PHARMACY LOCATION RULES - IMPORTANT INFORMATION FOR RULES 125, 126 AND 127

Applications for the Pharmacy Location Rules 125 (Short distance relocation more than 1km), 126 (Long distance relocation), and 127 (Relocation to a population growth area) must be made before Monday 16 April 2012 in order to satisfy the time requirement for these Rules.

It is suggested that any applicant lodging an application under these Rules do so on or before Friday 13 April 2012 to avoid any unforeseen issues which may delay the registration of the application (for example, the application form is incomplete, mail or email delivery issues, etc).

It is also recommended that applicants contact the relevant office in the Department of Human Services (Medicare) on 132 290 for any questions regarding the registration of applications, and to confirm that their application has been received.

To lodge an application with Medicare, please complete an Applying for approval to supply Pharmaceutical Benefits at a particular premises (8013) [PDF, 237Kb] and include details of the address of the proposed pharmacy and existing pharmacy.  Also, you may need to submit other documentation with your application. 

These applications are referred to the Australian Community Pharmacy Authority (ACPA). The ACPA meet once a month to assess each application against ministerial rules and make recommendations to Medicare to approve or reject each application.

For details of the ministerial rules, ACPA meeting dates and application cut-off dates, visit the Department of Health and Ageing website, use ACPA in the search function.

Permission to carry on your pharmacy business must be given by your relevant state or territory regulatory authority before Medicare can approve your application.

You will be required to submit a bank account form and an ABN form to Medicare when you get approval for your pharmacy.

Authority for authorised pharmacist(s) to sign claim forms

The Authority for authorised pharmacist(s) to sign claim forms [PDF, 128Kb] can be used to authorise another pharmacist as the permission holder under Section 91 of the National Health Act 1953, to lodge claims on your behalf.

Expansion/contraction in the size of a pharmacy

If you want to expand/contract the size of your pharmacy, please lodge an Applying for approval to supply Pharmaceutical Benefits at a particular premises (8013) [PDF, 237Kb] to Medicare. You will need to include copies of the current and proposed plans of the premises with your application.

Permission to carry on your pharmacy business must be given by your relevant state or territory regulatory authority before Medicare can approve your application. 

Changing ownership of a pharmacy (not involving a relocation)

If you want to sell/transfer your pharmacy, please complete an Application for approval Change of ownership of a pharmancy (not involving relocation) (4183) [PDF, 363Kb].

Permission to carry on your pharmacy business must be given by your relevant state or territory regulatory authority before Medicare can approve your application.

When Medicare approves the change of ownership, a new approval number will be issued, and at the same time the previous owners' approval number will be cancelled.

Temporary closure of a pharmacy (deactivation)

If you need to close your pharmacy for a short period of time (e.g. due to fire, flood, renovations, illness etc.) you must apply to Medicare for endorsement to deactivate your pharmacy approval.

The attached guidelines outline the circumstances in which Medicare may be prepared to endorse an application to deactivate a pharmacist's approval. Medicare will consider each application for deactivation in accordance with the deactivation guidelines [PDF, 130Kb].

Any pharmacist that closes their pharmacy without obtaining endorsement to deactivate their approval from Medicare is at risk of having their approval cancelled.

Receivership

What is required when a pharmacist approved under s.90 of the National Health Act 1953 goes into receivership?

When notifying Medicare about a pharmacist going into receivership, the receivers and managers must provide the following documentary evidence:

• notice of appointment of receivers and managers;
• signed evidence of acceptance of appointment of receivers and managers on relevant company letterhead; and
• traders’ ‘Bill of Sale’.

Once Medicare is satisfied that receivers and managers have been duly appointed, the site Pharmacy Program Offices will deal directly with the appointed receivers and managers, rather than the approved pharmacist. The appointed receivers and managers have the same authority as the approved person had for the pharmacy to carry on business.

A registered pharmacist will be authorised by the receivers and managers to dispense pharmaceutical benefits.

Medicare Pharmacy Program Offices may be required to put a hold on the approved pharmacists’ payment(s) if requested by the appointed receivers and managers.

Please call the enquiry line on 132 290 if you have any queries regarding the above and ask to speak with a Pharmacy Program Officer in your state.

Deceased Estates (Pharmacy)

What is required when a pharmacist approved under s90 of the National Health Act 1953 passes away?  

Medicare needs to be informed when a pharmacist approved under s.90 of the National Health Act 1953 (the Act) passes away.  The approval under section 90 of the Act ceases upon the passing of the pharmacist.  Any authority given by an approved pharmacist to allow another pharmacist to sign claim forms on their behalf also expires on the passing of the approved pharmacist.

Under section 91 of the National Health Act 1953, a Legal Personal Representative (an executor or administrator whose duty it is to settle the affairs of the deceased person) can be granted permission to supply pharmaceutical benefits from a deceased pharmacist’s pharmacy at the premises where the deceased pharmacist was approved under section 90 of the Act.

If you believe that you are the Legal Personal Representative of a deceased pharmacist, you may apply for permission to operate the pharmacy under section 91 for a temporary period until probate or letters of administration have been granted. If two people are named as executors in the will, either can apply. You will need to complete an ‘Application for permission to carry on business as a pharmacist’ form (4112).  The State pharmacy authorities allow for a pharmacy to be operated by a non-pharmacist usually for a period of twelve months.

Documents required by Medicare from the Legal Personal Representative:

• an ‘Application for permission to carry on business as a pharmacist’ form (4112).  This form is available from the Pharmacy Program Officer in your state;
• evidence that the applicant is, or is likely to become the Legal Personal Representative for the estate of the deceased approved pharmacist;
• a certified copy of the death certificate of the deceased approved pharmacist.

Evidence of the identity of the applicant in the form of either:

• a certified copy of a document that includes the applicant’s photograph and signature such as a driver’s licence, passport or photo ID card; or
• a certified copy of a document that includes the applicant’s signature, and a statutory declaration, signed by the applicant, to the effect that the applicant is the person named in the document.

 If the deceased approved pharmacist passed away testate (with a will):

• a certified copy of the deceased approved pharmacists will; and
• a statutory declaration, signed by the applicant, to the effect that, to the best of the applicant’ knowledge, the will is the last will and testament of the deceased approved pharmacist or
• a letter of probate.

If the deceased approved pharmacist passed away intestate (without a will) and the applicant has applied for letters of administration for the estate of the deceased approved pharmacist:

• a certified copy of the application; and
• a statutory declaration, signed by the applicant, to the effect that to the best of the applicant’s knowledge there is no reason why the application for letter of administration would be refused .

Partnerships

If the deceased pharmacist was in partnership and there is a partnership agreement or contract in place that deals with the pharmacy business, then section 91 does not apply.

Documents required from remaining partner/s:

• a certified copy of the deceased approved pharmacist death certificate;
• a copy of the partnership agreement.

Please call the enquiry line on 132 290 if you have any queries regarding the above and ask to speak with a Pharmacy Program Officer in your state.

Additional information

For additional information and enquiries, please see Become an approved supplier.

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Last updated: 20 May, 2013

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