Contents
Part 1 Preliminary
1.01 Name of determination 3
1.02 Commencement 3
1.03 Definitions 3
1.04 Purpose 3
Part 2 Conditions
2.01 General 4
2.02 Not practicable to obtain prescription 4
2.03 Previous supply of pharmaceutical benefit 4
2.04 Stability of therapy 4
2.05 Prior clinical review by PBS prescriber 5
2.06 Prescription for last supply of pharmaceutical benefit 5
2.07 No continued dispensing in previous 12 months 5
2.08 Declaration by person supplied with pharmaceutical benefit 5
2.09 Maximum quantity of supply 5
2.10 Preparing and recording information 5
Part 3 Pharmaceutical benefits
3.01 Pharmaceutical benefits 7
Schedule 1 Pharmaceutical benefits 8
Part 1 Oral hormonal contraceptives 8
Part 2 Lipid modifying agents 9
Part 1 Preliminary
1.01 Name of determination
This determination is the National Health (Continued Dispensing) Determination 2012.
1.02 Commencement
This determination commences on 1 July 2012.
1.03 Definitions
(1) In this determination:
Act means the National Health Act 1953.
PSA Guidelines means the document titled Guidelines for the Continued Dispensing of eligible prescribed medicines by pharmacists, issued by the Pharmaceutical Society of Australia, as the document exists on 1 July 2012.
requested supply: see subsection 2.01 (1).
(2) In this determination, the following terms have the same meaning as in Part VII of the Act:
· approved pharmacist
· PBS prescriber
· pharmaceutical benefit
· pharmaceutical item.
1.04 Purpose
This determination specifies the pharmaceutical benefits that may be supplied, and the conditions that must be satisfied when those pharmaceutical benefits are supplied, by an approved pharmacist without a current prescription, but on the basis of a previous prescription from a PBS prescriber.
Part 2 Conditions
2.01 General
(1) For paragraph 89A (3) (b) of the Act, this Part sets out the conditions that must be satisfied when making a supply (the requested supply) of a pharmaceutical benefit to a person under subsection 89A (1) of the Act.
(2) An approved pharmacist must consider the PSA Guidelines when:
(a) satisfying the conditions set out in this Part; or
(b) deciding whether those conditions are satisfied.
(3) In this Part:
(a) a reference to the person is a reference to the person who requested the supply of a pharmaceutical benefit under subsection 89A (1) of the Act; and
(b) a reference to the PBS prescriber is a reference to the PBS prescriber who most recently prescribed the supply of the pharmaceutical benefit to the person.
2.02 Not practicable to obtain prescription
A condition is that the approved pharmacist is satisfied that it is not practicable for the person to obtain a prescription for the pharmaceutical benefit from a PBS prescriber before the person needs the supply of the pharmaceutical benefit.
2.03 Previous supply of pharmaceutical benefit
A condition is that the approved pharmacist is satisfied that:
(a) the person has previously been supplied the pharmaceutical benefit on the basis of a prescription from a PBS prescriber; and
(b) the PBS prescriber prescribed the supply of the pharmaceutical benefit for the person in at least one of the circumstances determined for that pharmaceutical benefit under paragraph 85 (7) (b) of the Act.
Note The circumstances determined under paragraph 85 (7) (b) of the Act relate to pharmaceutical benefits that are relevant pharmaceutical benefits under section 88A of the Act.
2.04 Stability of therapy
A condition is that the approved pharmacist is satisfied that the person’s therapy is stable.
2.05 Prior clinical review by PBS prescriber
A condition is that the approved pharmacist is satisfied that:
(a) the person has been taking the pharmaceutical benefit regularly for an uninterrupted period; and
(b) since the start of that period, the PBS prescriber has assessed the person’s condition and decided that there is a need for ongoing treatment with the pharmaceutical benefit.
Note See paragraph 2.01 (3) (b) for references to the PBS prescriber.
2.06 Prescription for last supply of pharmaceutical benefit
A condition is that the approved pharmacist is satisfied that the person had a valid prescription under Part VII of the Act for the last supply of the pharmaceutical benefit to the person before the requested supply.
2.07 No continued dispensing in previous 12 months
A condition is that the approved pharmacist is satisfied that the person was not supplied with the pharmaceutical benefit under subsection 89A (1) of the Act in the 12 months before the requested supply.
2.08 Declaration by person supplied with pharmaceutical benefit
A condition is that the person, or an agent of the person (other than the approved pharmacist), signs a declaration acknowledging that the person is being supplied with the pharmaceutical benefit without the presentation of a valid prescription under Part VII of the Act.
2.09 Maximum quantity of supply
A condition is that the approved pharmacist supplies a maximum quantity or number of units of the pharmaceutical item in the pharmaceutical benefit determined under paragraph 85A (2) (a) of the Act.
2.10 Preparing and recording information
(1) A condition is that, when the pharmaceutical benefit is supplied, the approved pharmacist:
(a) records the information that the pharmacist used to support his or her decision to supply the pharmaceutical benefit; and
(b) prepares information about the supply that the pharmacist will send to the PBS prescriber.
Note See the PSA Guidelines for guidance about when the information should be sent to the PBS prescriber.
(2) The information that must be recorded and prepared includes the following:
(a) a statement that the pharmaceutical benefit supplied is a pharmaceutical benefit determined under paragraph 89A (3) (a) of the Act;
(b) a statement that the conditions mentioned in sections 2.02 to 2.05 are satisfied;
(c) a statement that the approved pharmacist is satisfied that the pharmaceutical benefit needs to be supplied to the person to facilitate continuity of treatment.
Part 3 Pharmaceutical benefits
3.01 Pharmaceutical benefits
For paragraph 89A (3) (a) of the Act, Schedule 1 sets out the pharmaceutical benefits that may be supplied by an approved pharmacist without a prescription for that supply under subsection 89A (1) of the Act.