NATIONAL HEALTH ACT 1953 - SECT 88 Prescribing of pharmaceutical benefits

NATIONAL HEALTH ACT 1953 - SECT 88

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

  (1A)   Subject to this Part, a participating dental practitioner is authorised 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.

  (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)   Subject to this Part, an authorised midwife is authorised to write a prescription on or after 1   November 2010 for the supply of any pharmaceutical benefit determined from time to time by the Minister for the purposes of this subsection, by legislative instrument.

  (1E)   Subject to this Part, an authorised nurse practitioner is authorised to write a prescription on or after 1   November 2010 for the supply of any pharmaceutical benefit determined from time to time by the Minister for the purposes of this subsection, by legislative instrument.

  (1EA)   In deciding whether a prescription for the supply of a pharmaceutical benefit should be authorised for the purposes of subsection   (1), (1A), (1C), (1D) or (1E), the Minister must have regard to any advice given by the Pharmaceutical Benefits Advisory Committee.

  (1EB)   The Minister is not required to determine, in relation to a pharmaceutical benefit, that at least one kind of PBS prescriber is authorised to write a prescription for the supply of the benefit.

Note:   Paragraph   89(b) lists provisions that may permit supply of a pharmaceutical benefit other than on presentation of a prescription.

  (1F)   When writing a prescription under subsection   (1), (1A), (1C), (1D) or (1E) for the supply of a pharmaceutical benefit that has a pharmaceutical item, the PBS prescriber, 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; or

  (d)   by an authorised midwife otherwise than in relation to the midwifery treatment of a person requiring that pharmaceutical benefit; or

  (e)   by an authorised nurse practitioner otherwise than in relation to the nurse practitioner treatment by the authorised nurse practitioner 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.

  (6A)   If a person who is an authorised midwife or authorised nurse practitioner may, in accordance with this Part, direct a repeated supply of a pharmaceutical benefit, the person may, 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 person directed a repeated supply.

  (6B)   However, the person may only make a direction under subsection   (6A) if:

  (a)   the regulations prescribe either or both of the following:

  (i)   circumstances in which the person may make such a direction;

  (ii)   conditions on the making of such a direction; and

  (b)   the direction is made in those circumstances and in accordance with those conditions.

  (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.