Australian Community Pharmacy Authority Applicant's Handbook
Other arrangements for obtaining approval
Table of contents
Other arrangements for obtaining approval
Deceased estates
If an approved pharmacist dies without making arrangements for another pharmacist to take over the pharmacy, section 91 of the Act provides that another person (not a pharmacist) may obtain permission to continue to operate the pharmacy and to receive benefits from the Commonwealth.The ACPA has no involvement in section 91 applications and persons should contact Medicare Australia on 13 22 90 for further information.
Ministerial discretion to approve
Under subsection 90A(2) of the Act the Minister has a discretionary power to approve a pharmacist to supply pharmaceutical benefits at or from particular premises. This discretionary power is only available in certain circumstances and is intended to address any unintended consequences of the pharmacy location rules.
This is not an alternative to applying for approval under section 90 of the Act, and may only be sought after an application has been considered by the ACPA and rejected by the Secretary.
For information about this discretionary power, please refer to the guidelines issued by the Minister. For a copy of these guidelines, contact the Department on (02) 6289 4699 or go to www.health.gov.au/internet/main/publishing.nsf/content/pharmacy-4cpaministerialdiscretion
