Commonwealth Consolidated Regulations

NATIONAL HEALTH (PHARMACEUTICAL BENEFITS) REGULATIONS 1960 - REG 26

         (1)   Subregulation (1A) applies if:

                (a)    an approved pharmacist, or an approved medical practitioner, or an approved hospital authority supplies a pharmaceutical benefit under:

                          (i)    a Medicare Australia/DVA copy of a paper-based prescription that contains a direction to supply the benefit more than once; or

                         (ii)    a pharmacist/patient copy of a paper-based prescription to which is attached a deferred supply authorisation that contains a direction to supply the benefit more than once; or

                        (iii)    a pharmacist/patient copy of a paper-based prescription to which is attached a repeat authorisation that contains a direction to supply the benefit more than once; or

                        (iv)    an electronic prescription:

                                   (A)     that contains a direction to supply the benefit more than once; or

                                   (B)     to which is attached or linked, by electronic means, a deferred supply authorisation that contains a direction to supply the benefit more than once; or

                                   (C)     to which is attached or linked, by electronic means, a repeat authorisation that contains a direction to supply the benefit more than once; and

               (b)    subsequent supplies of the pharmaceutical benefit can be made under the prescription at the time of supply under paragraph (a).

      (1A)   The approved pharmacist, approved medical practitioner or approved hospital authority must:

                (a)    on or before supplying the pharmaceutical benefit:

                          (i)    prepare a repeat authorisation in accordance with a form (including a paper-based or an electronic form) authorised by the Secretary for the supply of the pharmaceutical benefit; and

                         (ii)    if the prescription for the benefit is written on an authority prescription -- mark the number of the authority prescription on the repeat authorisation; and

                        (iii)    if the prescription for the benefit is a paper-based prescription -- attach the repeat authorisation to
the pharmacist/patient copy and give the repeat authorisation and pharmacist/patient copy to the person to whom the pharmaceutical benefit is supplied; and

                        (iv)    if the prescription for the benefit is an electronic prescription -- attach or link, by electronic means, the repeat authorisation to the electronic prescription and ensure that the person to whom the pharmaceutical benefit is supplied:

                                   (A)     is given a print-out of the repeat authorisation and prescription; or

                                   (B)     is able to access the repeat authorisation and prescription; and

               (b)    for the supply of the pharmaceutical benefit on the first occasion -- mark on the repeat authorisation:

                          (i)    the name and address of the approved supplier; and

                         (ii)    the approval number given to the approved supplier under regulation 8A; and

                        (iii)    the identifying number given to the prescription by the approved supplier; and

                        (iv)    if the pharmaceutical benefit is a substitute benefit for the purposes of subsection 103 (2A) of the Act -- the brand name of the substitute benefit; and

                (c)    for the supply of the pharmaceutical benefit on a subsequent occasion -- mark on the repeat authorisation:

                          (i)    the date on which the most recent supply was made; and

                         (ii)    the identifying number given to the prescription under subparagraph (b) (iii).

Penalty:   0.2 penalty units.

      (1B)   An offence against subregulation (1A) is an offence of strict liability.

Note    For strict liability , see section 6.1 of the Criminal Code .

         (2)   An approved pharmacist, approved medical practitioner or approved hospital authority is not authorised to supply a pharmaceutical benefit upon presentation of only the pharmacist/patient copy of a paper-based prescription unless:

                (a)    the approved pharmacist, approved medical practitioner or approved hospital authority is given a repeat authorisation or a deferred supply authorisation that:

                          (i)    is related to that pharmacist/patient copy by a number or numbers; and

                         (ii)    indicates that the pharmaceutical benefit to be supplied has not been supplied for the number of times directed in the prescription; and

               (b)    there is written on the repeat authorisation or deferred supply authorisation the approval number given to the supplier under regulation 8A; and

                (c)    the date of supply of the benefit is on or before the first anniversary of the date on which the prescription was written.