Please note: This is an extract from Hansard only. Hansard extracts are reproduced with permission from the Parliament of Western Australia.
PHARMACY BILL 2010
Second Reading
DR K.D. HAMES (Dawesville Minister for Health) [12.15 pm]: I move
That the bill be now read a second time.
I am pleased to introduce this bill, which will continue the functions of the
Pharmaceutical Council of Western
Australia by regulating pharmacy premises and the ownership of pharmacy businesses.
The Health Practitioner
Regulation National Law Bill 2010 will repeal the current Pharmacy Act 1964.
While matters relating to the
registration of pharmacists will be transferred to the national law bill, matters
relating to the regulation of
pharmacy premises and ownership of pharmacy businesses will continue to be regulated
under the Pharmacy Bill
2010. The key objective of this bill is to protect the public from harm by ensuring
that pharmacy premises meet
appropriate standards. It is proposed that the Pharmacy Bill and the national
law bill will commence operation at
the same time.
The following is an outline of the nine parts of the bill. Part 1 deals with
preliminary matters such as the
commencement of the act and definitions of terms used in the act. Part 2 makes
provision for the Pharmacy
Registration Board of Western Australia to be established, and for general provisions
relating to the proceedings
of the board. The board is a continuation of the Pharmaceutical Council to the
extent that the council regulated
pharmacy premises and the ownership of pharmacy businesses. The board will consist
of four natural persons to
be appointed by the minister. Composition of the board has been broadened to
include a consumer
representative, and the other three positions are to be filled by registered
pharmacists. Board members are to hold
office for a term of three years, not exceeding more than nine years consecutively,
unless approved by the
minister for special reasons.
Part 3 sets out matters in relation to the funds of the board and reporting
requirements. It is intended that the
board will be self-funding, receiving its funds through registration and other
prescribed fees. Part 4 regulates the
registration of pharmacy premises. This includes provisions as to who may apply
for registration, grounds for
refusal, duration and conditions of registration. The scheme of registration
continues the system already in place
under the Pharmacy Act 1964. Provisions have been updated to set out clear guidance
as to the requirements and
obligations under this part.
Part 5 provides for the ownership structures in relation to pharmacy businesses
allowed under the bill. Currently,
a pharmacy business may be carried on by a pharmacist or a company or friendly
society that owned a pharmacy
at the time of the commencement of the Pharmacy Act 1964. The bill expands ownership
structures to include
that a pharmacist may own a pharmacy business through a company or partnership
where the pharmacist has the
controlling interest in the company or partnership; and that new friendly societies
may own a pharmacy business.
This expansion reflects an embracing of commercial practices that will enable
pharmacists to manage their
business affairs in a manner that best suits their situation. While new friendly
societies may own pharmacy
businesses, they are subject to the same level of regulation as any other owner
of a pharmacy business. The
number of pharmacy businesses that can be owned by pharmacists has been increased
from two to four. This
increase is consistent with jurisdictions elsewhere in Australia. A pharmacist
will still be required to personally
oversee the running of a pharmacy.
Part 6 makes provision for the board to make rules, regulations and forms. Part
7 provides for miscellaneous
matters, such as the surrender of a certificate of registration. Consequential
amendments to other acts are set out
under part 8.
Part 9 sets out the transitional and savings provisions. This provides for the
continuation of the board, the
registration of pharmacy premises and the register of pharmacy premises. It
also sets out the arrangements for
the separation of the Pharmaceutical Council of Western Australia and the Pharmaceutical
Society of Western
Australia. This will mean that the board is no longer responsible for managing
the society and pharmacists will
no longer be compulsorily required to be a member of the society.
1932 [ASSEMBLY - Wednesday, 21 April 2010]
This bill provides a regulatory framework for key functions of the Pharmaceutical
Council to be continued by the
pharmacy registration board. Modern and updated provisions have been prepared
to assist the board in carrying
out its statutory functions. The important work that the board undertakes to
ensure that standards are maintained
in pharmacy premises is recognised by providing an appropriate legislative framework
for future board
members. I commend the bill to the house.
Debate adjourned, on motion by Mr M. McGowan.