Health Practitioner Regulation National Law (South Australia) Act 2010

A person who carries on a pharmacy business must ensure that a pharmacist is in attendance and available for consultation by members of the public at each pharmacy at which the business is carried on while the pharmacy is open to the public.

Maximum penalty: $50 000.

Subsection (1) does not to apply to a person who carries on a pharmacy business in circumstances where—

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

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

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

the pharmacy is located within a prescribed area; and

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

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.

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

any conditions prescribed by the regulations;

any conditions imposed by the Authority.

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

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

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

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

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.

The

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

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

or

impose a new condition in relation to the authorisation; or

revoke the authorisation.

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.

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

A person is not in breach of subsection (1) on account of a failure to have a pharmacist in attendance in the manner required by that subsection if—

restricted pharmacy services or prescribed pharmacy services are not, while a pharmacist is not in attendance, offered to members of the public;

and

access to those areas of the pharmacy used for the provision of restricted pharmacy services or prescribed pharmacy services is physically prevented; and

the person who carries on the pharmacy business at the premises can prove—

that the person has taken reasonable steps to consider the interests of members of the public who might be interested in accessing the pharmacy business; and

that any period when a pharmacist would not be in attendance was published in advance in accordance with any requirements prescribed by the regulations; and

that during the period referred to in subparagraph (ii) the staff at the pharmacy had reasonable on‑call access to a pharmacist or a medical practitioner.

In addition, it is a defence to an alleged breach of subsection (1) to prove that the pharmacist who would usually be available for the purposes of that subsection was absent due to an exceptional and unforeseen circumstance.

In this section—

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

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

the destruction of, or damage to, any property; or

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

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.

pharmacist means a person who holds a general registration under the Health

Practitioner Regulation National Law to practise in the pharmacy profession.