Law and Healthcare: Why Can’t I Get My Usual Prescriptions From Prison?

There is a lot of talk about human rights in prison – with things like “the Mandela Rules”, ‘the principle of equivalence’, and access to health care without discrimination.

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But even though these things are spoken about, often the medicine you get on the inside is different from the medicine you get on the outside – even though your diagnosis hasn’t changed.

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So, it is reasonable to ask: why is my medicine different just because I am living in a prison?

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One reason is the Health Insurance Act 1973 (Cth).

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The Pharmaceutical Benefit Scheme (PBS) and the Health Insurance Act 1973

The Pharmaceutical Benefit Scheme (PBS) is Australia’s system for making prescription medications affordable and accessible. The PBS is the product of a piece of legislation called the Health Insurance Act 1973.

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In the community, if a doctor prescribes medication, there is a good chance that the Australian government has subsidised it.

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Since its subsidised under the PBS, you pay relatively cheap price for it at the pharmacy.

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Take asthma medication, for example.

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Asthma is a very common chronic illness, and it is often treated with a salbutamol inhaler (the “puffer”).

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On the outside, the PBS limits the costs of puffers. Usually, the price for a puffer is around 20-30 dollars.

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Without the PBS, the cost of a puffer would be much higher.

In fact, in the USA, where the government does not universally subsidise asthma puffers, the cost of one inhaler can exceed 100 US dollars.

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Due to the way the Health Insurance Act 1973 operates, medicines supplied to people in prison are not subsidised by the PBS. This means, medications prescribed to people in prison may be different from those prescribed to people in the community with the same health needs.

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If the PBS was available to people in prison, prison health centres would have a better ability to give you the same medication you receive in the community.

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If you are concerned about your access to medication, you might consider:

• Writing or calling your state Health Ombudsman
• Writing to The Australian Human Rights Commission (GPO Box 5218, Sydney NSW 2001)
• Sharing your experience with the Australian Medical Association
  (PO Box 6090, Kingston ACT 2604)
• Or petitioning your federal member of parliament.

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If you are incarcerated in Queensland, Victoria or the Australian Capital Territory, you might consider contacting the Human Rights Commission that operates in your State or Territory:

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Queensland Human Rights Commission

PO Box 15565

City East QLD 4002

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Victorian Equal Opportunity and Human Rights Commission

PO Box 18011

Melbourne VIC 3000

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ACT Human Rights Commission

GPO Box 158

Canberra ACT 2601

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Health Ombudsman and Human Rights Commissions may require that you try to resolve any concerns you have with the relevant government agency before making a complaint. There may also be timeframes that apply to making a complaint to these agencies. If you wish to make a complaint, you should seek advice from a legal practitioner in the State or Territory where you are incarcerated.