Corporatisation of Community Pharmacy and the Constitutional Prohibition of Civil Conscription for Medical Service Providers

C Yazidjoglou and Faunce T Corporatisation of Community Pharmacy and the Constitutional Prohibition of Civil Conscription for Medical Service Providers (2016) 24 JLM 41-60

20 Pages Posted: 29 Oct 2018

See all articles by Caitlin Yazigjoglou

Caitlin Yazigjoglou

Australian National University (ANU)

Thomas Alured Faunce

Australian National University

Date Written: August 30, 2018

Abstract

This article examines recommendations from the Harper Competition Review recommending the opening up to corporate ownership of the community pharmacy sector in Australia. After studying the outcomes of similar proposals in other nations it examines whether s51 xxiiiA of the Australian Constitution provides a prohibition against such a reduction of the small business option for those pharmacists wishing to develop a pharmacy business in Australia. An analysis of the services provided by community pharmacists finds that services such as the provision of advice on the safe and efficacious use of medicine, the prescribing and administering of vaccinations, the treatment of minor wounds and ailments, the provision of pharmacist-only medicines, diabetes education form part of the core function of community pharmacists. Given that these services are fundamentally medical in nature, in their current role, community pharmacists as Commonwealth-regulated medical service providers for the purposes of s 51xxiiiA are thereby protected against Commonwealth policy or legislation facilitating civil conscription.

Note: This article was first published by Thomson Reuters in the Journal of Law and Medicine and should be cited as ‘C Yazidjoglou and Faunce T, Corporatisation of Community Pharmacy and the Constitutional Prohibition of Civil Conscription for Medical Service Providers, 2016, 24, JLM, 41’.

This publication is copyright. Other than for the purposes of and subject to the conditions prescribed under the Copyright Act 1968 (Cth), no part of it may in any form or by any means (electronic, mechanical, microcopying, photocopying, recording or otherwise) be reproduced, stored in a retrieval system or transmitted without prior written permission. Enquiries should be addressed to Thomson Reuters (Professional) Australia Limited. PO Box 3502, Rozelle NSW 2039.

Keywords: Pharmacists, Pharmacy

JEL Classification: I18, K32

Suggested Citation

Yazigjoglou, Caitlin and Faunce, Thomas Alured, Corporatisation of Community Pharmacy and the Constitutional Prohibition of Civil Conscription for Medical Service Providers (August 30, 2018). C Yazidjoglou and Faunce T Corporatisation of Community Pharmacy and the Constitutional Prohibition of Civil Conscription for Medical Service Providers (2016) 24 JLM 41-60 . Available at SSRN: https://ssrn.com/abstract=3241830

Caitlin Yazigjoglou

Australian National University (ANU) ( email )

Canberra, Australian Capital Territory 2601
Australia

Thomas Alured Faunce (Contact Author)

Australian National University ( email )

Canberra, Australian Capital Territory 0200
Australia
61 2 61253563 (Phone)

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