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Scanned Using Fujitsu 6670 Scanner and Scandall Pro Ver 1.7 Software 914 1974/164 THE DRUG TARIFF 1974 PURSUANT to the SociallSecurity Act 1964, the Minister of Health hereby gives the following direction. ANALYSIS Title 12. Rounding calculations 1. Title and c.ommencement 13. Minimum charges 2. Interpretation 14. Water 15. Bulk supply orders and practitioners' supply orders PART I 16. Proprietary preparations GENERAL RULES AFFECTING THE TARIFF 17. Rectified spirit 3. Scope of Tariff 4. Rules for standard PART 111 5. Prices for pharmaceutical require- MISCELLANEOUS PROVISiONS ments lB. Claims on the Department 19. Allergy treatment sets PART II 20. Payment for intravenous fluids 2 I. Payment for irrigating solutions RULES FOR PRICING 22. Payment for anaesthetic gases 6. Application of rules for pricing 23. Period and quantity of supply when 7. Prescription pricing prescription written by a medical B. Computation of selling price practitioner • 9. Items not listed in the First Schedule 24. Period and quantity of supply when to the Prescription Pricing Schedules prescription written by a dentist 10. Items dispensed by count 25. Bulk supply orders 11. Official requirements not in the First 26. Practitioners' supply orders Schedule to the Prescription Pricing 27. Revocations and savings Schedules Schedule THE DRUG TARIFF 1. Title and cOllllnencem.ent-(l) This direction may be cited as the Drug Tariff 1974. (2) This direction shall come into force on the 1st day of August 1974, and shall apply to all pharmaceutical requirements supplied on or after that date to persons entitled to claim pharmaceutical benefits under the Social Security Act 1964, and to the supply on or after that date of pharmaceutical requirements to such persons as aforesaid. 2. Interpretation-( I) In this direction, unless the context otherwise requires,- "Commission" means the Trade Practices and Prices Commission constituted under the Trade Practices Act 1958 or the Price Tribunal constituted under the Control of Prices Act 1947 or any person to whom the powers of either are delegated: "Director-General" means the Director-General of Health within the meaning of section 5 of the Health Act 1956: 1974/164 Drug Tariff 1974 915 "Hospital Board" means a Hospital Board constituted under the Hospitals Act 1957: "Licensed hospital" means a licensed hospital within the meaning of Part V of the Hospitals Act 1957: "Material allowance" means the allowance specified in the column headed "Material Allowance" in the Sixth Schedule to the Prescription Pricing Schedules: "Narcotic" means any substance, preparation, or mixture for the time being named or described in the First Schedule to the Narcotics Act 1965: "Outpatient" means any person being treated at any hospital under the control of a Hospital Board otherwise than as an inmate: "Payment" means payment by the Department in accordance with the terms of this Tariff: "Prescription Pricing Schedules" means the official schedules for prescription pricing issued by the Department from time to time for the purpose of determining the prices to be paid to contractors in respect of pharmaceutical requirements supplied by them; and includes the Revised Prescription Pricing Schedules referred to in subclause (3) of clause 5 of this Tariff; but does not include any suspension of the Prescription Pricing Schedules referred to in subclause (7) of that clause: "Proprietary preparation" means any pharmaceutical require­ ment that is prescribed in any prescription by reference to any trade mark or trade name or by reference to the name of its manufacturer: "The regulations" means the Social Security (Pharmaceutical Benefits) Regulations 1965*: "Selling price" means the price specified in the column headed "Prescription Selling Price" in the First Schedule to the Prescription Pricing Schedules or as calculated under clause 9 or clause 10 of this Tariff, as the case may be: "Tariff" means the Drug Tariff 1974. (2) Except as provided in this clause, those terms and expressions that are defined in section 88 of the Social Security Act 1964, and any other terms and expressions that are defined in regulation 2 of the regulations, have the meanings so defined. PART I GENERAL RULES AFFECTING THE TARIFF 3. Scope of Tariff-All medicines, drugs, and materials specified in the Schedule to this Tariff, and all preparations of anyone of them having an inert base, shall, subject to the restrictions (if any) as to their availability specified in that Schedule, be deemed to be included in this Tariff and to be pharmaceutical requirements for its purposes: Provided that- (a) Preparations which have not been manufactured by the contractor claiming payment shall be included in this Tariff and shall be deemed to be pharmaceutical requirements for its purposes only if they have been manufactured by a manufacturer named in Part III of the Schedule to this Tariff; and *1965/41 Amendment No. I: S.R. 1969/240 Amendment No. 2: S.R. 1972/14 916 Drug Tariff 1974 1974/164 (b) The following classes of material shall be excluded from this Tariff and shall be deemed not to be pharmaceutical requirements : (i) A substance or any combination of substances ordered for any purpose other than the treatment of a patient's medical or dental condition: (ii) A substance or any combination of substances ordered by a dentist for any purpose other than the treatment of a patient's dental condition or which, being so ordered, and being or containing a local anaesthetic as an active ingredient, is intended for injection: (iii) Aerosols and similar articles packed under pressure other than a preparation (if any) that is specified in Part 11 of the Schedule to this Tariff: (iv) Electrode jellies: (v) Eye drops packed in single dose units other than those (if any) that are specified in Part 11 of the Schedule to this Tariff: (vi) Insect repellants and similar preparations: (vii) Long acting preparations for oral use other than those (if any) that are specified in Part 11 of the Schedule to this Tariff: (viii) Lozenges and similar products, other than those (ifany) that are specified in Part 11 of the Schedule to this Tariff: (ix) Plasters, machine spread: (x) Pregnancy tests: (xi) Preparations prescribed as foods: (xii) Preparations prescribed for contraceptive purposes: (xiii) Proprietary medicines or proprietary articles (other than a product that is a pharmaceutical requirement elsewhere specified in this Tariff or a product to which clause 16 of this Tariff applies): (xiv) Shampoos (other than extemporaneously prepared medicated shampoos intended for the treatment of a patient'S medical condition) : (xv) Toilet preparations: (xvi) Tooth paste and powders. 4. Rules for standard-(l) No claim by a contractor for payment in respect of the supply of pharmaceutical requirements by him shall be allowed unless the requirements so supplied comply- (a) With the appropriate standards prescribed by regulations for the time being in force under the Food and Drug Act 1969; or (b) In the absence of any such standards, with the appropriate standards for the time being prescribed by the British Pharmacopoeia; or (c) In the absence of any of the standards prescribed by paragraph (a) or paragraph (b) of this subclause, then with the appro­ priate standards for the time being prescribed by the British Pharmaceutical Codex. (2) In the absence of any of the foregoing standards prescribed by subclause (1) of this clause, the grade or quality of the product supplied shall not be lower than that ordinarily used for medicinal purposes. (3) Where a practitioner indicates in a prescription the pharmaceutical requirement to be supplied by reference to a trade mark, trade name, or 1974/164 Drug Tariff 1974 917 by reference to the name of its manufacturer, a contractor shall supply the pharmaceutical requirement specified in the prescription in the form so indicated and not in any other form, unless the prescribing practitioner has sanctioned a change and this fact, together with the date of the sanction, is noted on the prescription by the contractor, who shall sign the prescription. 5. Prices tor pharDlaceutical requireDlents-(I) Subject to clause 18 of this Tariff and to subclause (7) of this clause, payment shall be made in respect of claims for pharmaceutical requirements in accor­ dance with the prices specified in the First Schedule to the Prescription Pricing Schedules and in accordance with the rules for pricing contained in Part II of this Tariff. (2) Subject to clause 18 of this Tariff, where the price of any pharma­ ceutical requirement is not specified as provided in subclause (1) of this clause, payment shall be made in accordance with the rules contained in Part II of this Tariff. (3) Revised Prescription Pricing Schedules shall come into force on the 1st day of April, August, or December, in every year, or such other date as may be recommended by the appropriate committee, and payment in respect of any claims for pharmaceutical requirements, whatever their date, received by a Medical Officer of Health on or after the 16th day following the effective date of the revision shall be calculated in accordance with the prices specified in that revision. (4) Subject to subclauses (5) and (6) of this clause, if any pharma­ ceutical requirements are supplied to a patient as pharmaceutical benefits, they shall be so supplied free of charge to the patient, except that, if the requirements are to be delivered to the patient elsewhere than at the pharmacy or other place of business of the contractor, a reasonable charge in accordance with subclause (2) of regulation 14 of the regulations may be made for the delivery. (5) Notwithstanding anything in subclause (4) of this clause, a con­ tractor may charge a customer with- (a) The price of any pharmaceutical requirements that are supplied by him in excess of the maximum quantities specified in this Tariff; or (b) The excess of the price of any proprietary preparation (being a preparation that is specifically ordered by a practitioner and supplied by the contractor) above the amount payable as calculated in accordance with the Prescription Pricing Schedules and the rules for pricing contained in this Tariff.
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