96R035

Statutory Rules 1996 No. 701

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National Health (Pharmaceutical Benefits) Regulations2 (Amendment)

I, The Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the National Health Act 1953.

Dated 29 May 1996.

WILLIAM DEANE

Governor-General

By His Excellency’s Command,

DR. MICHAEL WOOLDRIDGE

Minister for Health and Family Services

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1. Commencement

1.1 These Regulations commence on 1 June 1996.

2. Amendment

2.1 The National Health (Pharmaceutical Benefits) Regulations are amended as set out in these Regulations.

3. Regulation 5 (Interpretation)

3.1 Subregulation 5 (1) (definition of “authority prescription”):

Omit paragraph (a), substitute:

“(a) is made under subregulation 13 (5);”.

4. Regulation 8 (Application for approval, or financial assistance, by a pharmacist, medical practitioner or hospital authority)

4.1 Paragraph 8 (2) (a):

Omit “essential”, substitute “isolated”.

4.2 Paragraph 8 (2) (b):

Omit the paragraph, substitute:

“(b) the payment of a remote pharmacy allowance under section 99ZAA of the Act; or

5. Regulation 13 (Variation of application of determination of maximum number of repeats or maximum number or quantity of units)

5.1 Subregulation 13 (1):

Omit “subregulation (3),”, substitute “subregulation (5),”.

5.2 Subregulations 13 (2) and (3):

Omit the subregulations, substitute:

“(2) This regulation applies to a person in respect of whom a medical practitioner submits a prescription that is not in accordance with a determination in force under paragraph 85A (2) (a) or (b) of the Act:

(a) to the Secretary, in one of the forms specified in paragraph (3) (a); or

(b) to the Minister, in the manner specified in paragraph (3) (b).

“(3) A prescription submitted under subregulation (2) must:

(a) in the case of a prescription submitted to the Secretary—be prepared and signed by the medical practitioner:

(i) in a form approved in writing by the Secretary and completed by the medical practitioner in ink in his or her own handwriting; or

(ii) in a form, prepared by means of a computer, that is in accordance with the form approved by the Secretary under subparagraph (i); or

(iii) in a form, prepared by means of a computer, approved in writing for the purpose by the Secretary and in the format approved in writing by the Secretary; or

(iv) by a method approved in writing by the Secretary; or

(b) in the case of a prescription submitted to the Minister—be submitted by the medical practitioner giving the Minister, by telephone, details of the prescription which has been prepared and signed by the medical practitioner in accordance with paragraph (a).

“(4) For the purposes of paragraph (2) (a), a prescription that has been prepared and signed by the medical practitioner in accordance with paragraph (3) (a) is taken to have been submitted by him or her if it is submitted by one of his or her employees.

“(5) A variation under subregulation (1) in relation to a person may be made:

(a) if a prescription is submitted in accordance with paragraph (2) (a)—by the Minister signing his or her authorisation of the prescription on it and:

(i) if the Minister requires the medical practitioner to alter the prescription—by returning it to the medical practitioner for alteration before the medical practitioner gives it to the person in respect of whom it was prepared; or

(ii) in any other case:

(A) by returning it to the medical practitioner; or

(B) if requested by the medical practitioner—by sending it to the person in respect of whom it was prepared; or

(b) if a prescription is submitted in accordance with paragraph (2) (b)—verbally, at the time the Minister is given details of the prescription.

“(6) If the Minister makes a variation in accordance with paragraph (5) (b):

(a) the Minister must tell the medical practitioner the number that has been allotted to the authorised prescription; and

(b) the medical practitioner must:

(i) mark that number on the prescription; and

(ii) retain a copy of the prescription for 1 year from the date on which the variation was made.”.

6. Regulation 19 (Writing of prescriptions)

6.1 Subparagraphs 19 (1) (a) (i) and (ii):

Omit the subparagraphs, substitute:

“(i) by handwriting the prescription in ink on a prescription form:

(A) that is as nearly as practicable 18 centimetres long by 12 centimetres wide; and

(B) on which appears the name and address of the medical practitioner or participating dental practitioner and, subject to subregulation (4), the letters ‘PBS’; or

(ii) by means of a computer on a prescription form:

(A) that is as nearly as practicable 18 centimetres long by 12 centimetres wide; and

(B) on which appears the name and address of the medical practitioner or participating dental practitioner and, subject to subregulation (4), the letters ‘PBS’; and

6.2 Add at the end:

“(4) For the purposes of sub-subparagraphs (1) (a) (i) (B) and (1) (a) (ii) (B), a prescription form that was printed before 1 June 1996 may contain the letters ‘NHS’ instead of the letters ‘PBS’.”.

7. Regulation 26 (Repeat authorisations)

7.1 Subparagraph 26 (1A) (a) (i):

Omit “prepare, in duplicate,”, substitute “prepare”.

7.2 Subregulation 26 (3):

Omit “(1) and (2)”, substitute “(1), (1A) and (2)”.

8. Regulation 26A (Deferred supply authorisations)

8.1 Paragraph 26A (2) (a):

Omit “prepare, in duplicate,”, substitute “prepare”.

8.2 Paragraph 26A (2) (e):

Omit “the original of”.

9. Regulation 32 (Retention of prescription etc.)

9.1 Subregulation 32 (1):

Omit “pharmacist or an approved medical practitioner”, substitute “pharmacist, an approved medical practitioner or an approved hospital authority”.

9.2 Paragraph 32 (1) (b):

Omit the paragraph, substitute:

“(b) in the case of supply upon a prescription bearing instructions to supply the pharmaceutical benefit more than once, if it is supplied on the last occasion on which supply is authorised—the duplicate of the prescription in respect of which repeat authorisations were issued; and”.

9.3 Subregulation 32 (1A):

Omit the subregulation.

10. Regulation 36 (Samples)

10.1 Omit the regulation.

11. Regulation 44 (Voting)

11.1 Paragraph 44 (3) (a):

Omit “40 (2)”, substitute “41 (2)”.

12. Regulation 45 (Disclosure of pecuniary interests by Chairperson and members)

12.1 Subregulation 45 (8):

Omit “40 (2)”, substitute “41 (2)”.

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NOTES

1. Notified in the Commonwealth of Australia Gazette on 31 May 1996.

2. Statutory Rules 1960 No. 17 as amended by 1960 Nos. 90 and 102; 1961 Nos. 59 and 137; 1962 Nos. 34, 101 and 114; 1963 Nos. 34, 69 and 107; 1964 Nos. 12, 57 and 135; 1965 Nos. 51, 151 and 152; 1966 Nos. 80 and 144; 1967 Nos. 67, 116 and 158; 1968 Nos. 44, 76, 88 and 146; 1969 Nos. 44, 107 and 185; 1970 Nos. 39, 94, 119 and 186; 1971 Nos. 44, 101, 136 and 154; 1972 Nos. 32, 121 and 205; 1973 Nos. 15, 57, 139 and 229; 1974 Nos. 37, 126 and 222; 1975 Nos. 50, 148 and 209; 1976 Nos. 84, 150, 195 and 255; 1977 Nos. 39, 125 and 221; 1978 Nos. 47, 142, 153 and 245; 1979 Nos. 51, 55, 144 and 250; 1980 Nos. 69, 213 and 338; 1981 Nos. 52, 212, 218 and 345; 1982 Nos. 69, 76, 179, 334 and 372; 1983 Nos. 28, 102, 116 and 292; 1984 Nos. 50, 148, 169 and 342; 1985 Nos. 32, 184 and 320; 1986 Nos. 38, 194, 319, 320 and 391; 1987 Nos. 47, 262 and 279; 1988 No. 56; 1990 Nos. 226, 267, 337, 338 and 437; 1991 Nos. 1 and 474; 1992 No. 226; 1994 No. 348.