Commonwealth Consolidated Acts

NATIONAL HEALTH ACT 1953 - SECT 88

             (1)  Subject to this Part, a medical practitioner is authorized to write a prescription for the supply of a pharmaceutical benefit.

       (1AA)  When writing a prescription under subsection (1) for the supply of a pharmaceutical benefit that has a pharmaceutical item, the medical practitioner, in identifying the pharmaceutical benefit that he or she is directing to be supplied, need not specify:

                     (a)  a listed brand of the pharmaceutical item in the pharmaceutical benefit; or

                     (b)  the manner of administration of the pharmaceutical item in the pharmaceutical benefit.

          (1A)  Subject to this Part, a participating dental practitioner is authorized to write a prescription for the supply of any pharmaceutical benefit determined from time to time by the Minister, for the purposes of this subsection, by legislative instrument.

          (1B)  When writing a prescription under subsection (1A) for the supply of a pharmaceutical benefit that has a pharmaceutical item, the participating dental practitioner, in identifying the pharmaceutical benefit that he or she is directing to be supplied, need not specify:

                     (a)  a listed brand of the pharmaceutical item in the pharmaceutical benefit; or

                     (b)  the manner of administration of the pharmaceutical item in the pharmaceutical benefit.

          (1C)  Subject to this Part, an authorised optometrist is authorised to write a prescription on or after 1 January 2008 for the supply of any pharmaceutical benefit determined from time to time by the Minister for the purposes of this subsection, by legislative instrument.

          (1D)  When writing a prescription under subsection (1C) for the supply of a pharmaceutical benefit that has a pharmaceutical item, the authorised optometrist, in identifying the pharmaceutical benefit that he or she is directing to be supplied, need not specify:

                     (a)  a listed brand of the pharmaceutical item in the pharmaceutical benefit; or

                     (b)  the manner of administration of the pharmaceutical item in the pharmaceutical benefit.

             (2)  A PBS prescriber shall not, by writing a prescription or otherwise, authorize the supply of a pharmaceutical benefit, being a narcotic drug, for the purpose of the administration of that benefit to himself or herself.

             (3)  A prescription for the supply of a pharmaceutical benefit must not be written:

                     (a)  by a medical practitioner otherwise than in relation to the medical treatment of a person requiring that pharmaceutical benefit; or

                     (b)  by a participating dental practitioner otherwise than in relation to the dental treatment of a person requiring that pharmaceutical benefit; or

                     (c)  by an authorised optometrist otherwise than in relation to the optometrical treatment of a person requiring that pharmaceutical benefit.

          (3A)  A PBS prescriber, when writing or communicating a prescription for the supply of a pharmaceutical benefit to a person, may:

                     (a)  request the provision of a medicare number applicable to the person and of the expiry date in relation to that number; and

                     (b)  if a medicare number (whether with or without the expiry date in relation to that number):

                              (i)  is so provided as a number applicable to the person; or

                             (ii)  is retained as such a number in the PBS prescriber's records in accordance with section 88AA;

                            endorse the medicare number on a prescription written for that person (including, in the case of a communicated prescription, a subsequent written version of that communicated prescription).

          (3B)  A PBS prescriber must not inform an approved supplier of a medicare number, or a medicare number and an expiry date in relation to that number, in the circumstances described in subsection 86D(2), unless:

                     (a)  the person in respect of whom the number was provided; or

                     (b)  the legal guardian of that person; or

                     (c)  another person identified in a determination made by the Minister under section 86D or 88AA as capable of authorising the recording and retention of such number or number and date;

authorises the PBS prescriber to inform the approved supplier of that number, or number and date.

          (3C)  Nothing in this section implies that a person is under any obligation:

                     (a)  to provide a medicare number, or a medicare number and the expiry date in relation to that number, to a PBS prescriber; or

                     (b)  to authorise such a PBS prescriber to inform an approved supplier of such a number, or number and date, in the circumstances described in subsection 86D(2).

             (4)  Where a determination of the Minister under subsection 85A(1) is applicable to a PBS prescriber, the PBS prescriber shall not write a prescription for the supply of a pharmaceutical benefit except in accordance with that determination or any other determination that is applicable to him or her.

             (5)  Subject to subsection (6), a PBS prescriber is not authorized, in a prescription for the supply of a pharmaceutical benefit, to direct that:

                     (a)  there be supplied on one occasion a quantity or number of units of:

                              (i)  if the pharmaceutical benefit has a pharmaceutical item--the pharmaceutical item; or

                             (ii)  in any other case--the pharmaceutical benefit;

                            in excess of the maximum quantity or number of units (if any) applicable under a determination of the Minister under subsection 85A(2); or

                     (b)  the pharmaceutical benefit is to be administered in a manner other than the manner (if any) applicable under a determination of the Minister under subsection 85A(2).

             (6)  Where a medical practitioner may, in accordance with this Part, direct a repeated supply of a pharmaceutical benefit, the medical practitioner may, in such circumstances and subject to such conditions as are prescribed, instead of directing a repeated supply, direct in the prescription the supply on one occasion of a quantity or number of units of the pharmaceutical benefit not exceeding the total quantity or number of units of:

                     (a)  if the pharmaceutical benefit has a pharmaceutical item--the pharmaceutical item; or

                     (b)  in any other case--the pharmaceutical benefit;

not exceeding the total quantity or number of units that could be prescribed if the medical practitioner directed a repeated supply.

             (7)  Except in accordance with a determination of the Minister under subsection 85A(2), a PBS prescriber is not authorized, in a prescription for the supply of a pharmaceutical benefit, to direct that the supply of the pharmaceutical benefit be repeated on one or more occasions.

             (8)  If, in one prescription:

                     (a)  the supply of a pharmaceutical benefit (the first benefit ) and another pharmaceutical benefit (the second benefit ) is directed; and

                     (b)  the second benefit is:

                              (i)  Schedule equivalent to the first benefit; or

                             (ii)  if the first benefit is a listed brand of a pharmaceutical item--another listed brand of the pharmaceutical item;

then the prescription is taken to direct the repeated supply of the first benefit.