{"id":"F2024L00414","name":"National Health (Prescriber Bag Supplies) Determination 2024","slug":"national-health-prescriber-bag-supplies-determination-2024","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":105160,"registerId":"commonwealth-F2024L00414-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name","content":"#### 1 Name\n\n  (1) This instrument is the National Health (Prescriber Bag Supplies) Determination 2024.\n  (2) This instrument may also be cited as PB 29 of 2024.","sortOrder":0},{"sectionNumber":"3","sectionType":"section","heading":"Authority","content":"#### 3 Authority\n\n  This instrument is made under sections 93, 93AA and 93AB of the National Health Act 1953.","sortOrder":1},{"sectionNumber":"4","sectionType":"section","heading":"Definitions","content":"#### 4 Definitions\n\n> Note 1: Under subsection 4(1A) of the Act, a word or phrase defined for the purposes of the Health Insurance Act 1973 has the meaning that it would have if used in that Act. Expressions used in this instrument that are defined in that Act include ‘medical practitioner’.\n\n> In this instrument:\n\n> Act means the National Health Act 1953.\n\n> authorised midwife has the same meaning as in Part VII of the Act.\n\n> authorised nurse practitioner has the same meaning as in Part VII of the Act.\n\n> pharmaceutical benefit has the same meaning as in Part VII of the Act.\n\n> pharmaceutical benefit has a drug has the same meaning as in Part VII of the Act.\n\n> pharmaceutical benefit that has a drug in a relevant form: see section 5.","sortOrder":2},{"sectionNumber":"5","sectionType":"section","heading":"References to a pharmaceutical benefit that has a drug in a relevant form","content":"#### 5 References to a pharmaceutical benefit that has a drug in a relevant form\n\n  A reference in this instrument to a pharmaceutical benefit that has a drug in a relevant form is a reference to a pharmaceutical benefit that has a drug mentioned in an item in Schedule 1 in the column headed “Listed Drug” in the form mentioned for that drug in the column in Schedule 1 headed “Form”.","sortOrder":3},{"sectionNumber":"6","sectionType":"section","heading":"Authorisation of practitioners to supply pharmaceutical benefits","content":"#### 6 Authorisation of practitioners to supply pharmaceutical benefits\n\n  (1) For the purposes of subsection 93(1) of the Act, a medical practitioner is authorised to supply a pharmaceutical benefit that has a drug in a relevant form if the initials “MP” are mentioned for that drug in that form in the column in Schedule 1 headed “Prescriber Bag Supplier”.\n  (2) For the purposes of subsection 93AB(1) of the Act, an authorised nurse practitioner is authorised to supply a pharmaceutical benefit that has a drug in a relevant form if the initials “NP” are mentioned for that drug in that form in the column in Schedule 1 headed “Prescriber Bag Supplier”.\n  (3) For the purposes of subsection 93AA(1) of the Act, an authorised midwife is authorised to supply a pharmaceutical benefit that has a drug in a relevant form if the initials “MW” are mentioned for that drug in that form in the column in Schedule 1 headed “Prescriber Bag Supplier”.","sortOrder":4},{"sectionNumber":"7","sectionType":"section","heading":"Maximum quantity (number of units)","content":"#### 7 Maximum quantity (number of units)\n\n  (1) This section determines the maximum number of units of a pharmaceutical benefit that has a drug in a relevant form which may be obtained by a medical practitioner, an authorised midwife or an authorised nurse practitioner (a practitioner) in a calendar month for the purposes of subsections 93(2), 93AA(2) and 93AB(2) of the Act.\n  (2) The maximum number of units is the number of units mentioned in the column in Schedule 1 headed “Maximum Quantity” for that drug in that form.\n  (3) Despite subsection (2), if a practitioner has already obtained 1 or more units of a pharmaceutical benefit that has a drug in a relevant form in a group in the same calendar month, the maximum number of units of any other pharmaceutical benefit that has a drug in a relevant form in that group is zero for that calendar month.\n  (4) For this section, a group is each pharmaceutical benefit that has a drug in a relevant form which has the same number mentioned for the drug and form in the column in Schedule 1 headed “Group Number”.","sortOrder":5}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"This instrument operationalises authorisations and quantity limits under ss 93, 93AA and 93AB of the National Health Act 1953 by specifying which practitioners may supply particular prescriber-bag medicines and the monthly limits per item/group (see ss 6–7). It does not, on its face, expand or remove the statutory categories of authorised practitioners; it sets conditions and limits within the Act’s existing framework."},"complexity_factors":["Relies on an external Schedule 1 (not provided here) for key operational details: listed drugs, forms, authorised suppliers, maximum quantities and group numbers.","Cross-references multiple statutory provisions (ss 93, 93AA, 93AB of the National Health Act 1953) and definitions in other legislation, requiring legal cross-checking.","Group rule (s 7(3)) creates mutual exclusivity between items sharing a group number, which complicates unit-tracking and practitioner decision rules.","Monthly counting of ‘units’ (s 7) requires recordkeeping and reconciliation against prior obtains within the same calendar month.","Multiple practitioner classes authorised by initials in the schedule (s 6) introduces an administrative dependency on correct schedule notation.","Minor drafting ambiguities in the definitions section (typo-like phrasing) increase interpretive risk for implementers."],"plain_english_summary":"This Determination authorises certain medical practitioners, authorised nurse practitioners and authorised midwives to supply particular medicines from “prescriber bags” and sets monthly maximum unit limits and mutually exclusive groups for those supplies. The specific drugs, forms, authorised supplier types, maximum quantities and group numbers are listed in Schedule 1.\n\nIt matters because it determines who may lawfully obtain and supply those medicines each calendar month, creating compliance obligations for practitioners and preventing simultaneous access to multiple items within the same group."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation maintains its original narrow purpose: authorising specific health practitioners to obtain limited emergency medicine supplies under the PBS. The scope has not expanded beyond this specific administrative function."},"complexity_factors":["Only 5 defined terms in section 4, with 2 of those being near-duplicates ('pharmaceutical benefit' and 'pharmaceutical benefit has a drug')","Heavy reliance on external Schedule 1 (not included in the instrument text) for substantive content","Simple conditional logic in section 7(3) – a single 'despite' subsection creating a group-based exclusion rule","Cross-references to 3 different sections of the National Health Act 1953 (sections 93, 93AA, 93AB)","No nested exceptions or recursive definitions","Straightforward structure: definitions, scope rule, then quantity limits"],"plain_english_summary":"This Determination sets which emergency medicines doctors, authorised nurse practitioners and authorised midwives can obtain free from the government to carry in their prescriber bags, by referencing a schedule of approved products and monthly quantities. It limits supply through grouped monthly caps so clinicians can get one item per group each month.\n\nThat preserves ready access to life‑saving treatments at the point of care while controlling PBS costs and preventing stockpiling."}},"importantCases":[],"_links":{"self":"/api/acts/national-health-prescriber-bag-supplies-determination-2024","history":"/api/acts/national-health-prescriber-bag-supplies-determination-2024/history","analysis":"/api/acts/national-health-prescriber-bag-supplies-determination-2024/analysis","conflicts":"/api/acts/national-health-prescriber-bag-supplies-determination-2024/conflicts","importantCases":"/api/acts/national-health-prescriber-bag-supplies-determination-2024/important-cases","documents":"/api/acts/national-health-prescriber-bag-supplies-determination-2024/documents"}}