{"id":"F2025L01201","name":"National Health (Transitional Electronic National Residential Medication Chart) Special Arrangement 2025","slug":"national-health-transitional-electronic-national-residential-medication-chart-special-arrangement-20","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":107264,"registerId":"commonwealth-F2025L01201-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"## Part 1—Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name","content":"#### 1 Name\n\n (1) This instrument is the National Health (Transitional Electronic National Residential Medication Chart) Special Arrangement 2025.\n (2) This Special Arrangement may also be cited as PB 119 of 2025","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n```html\n

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1. The whole of this instrument

1 October 2025.

1 October 2025

\n```\n\n> Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.\n\n (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Authority","content":"#### 3 Authority\n\n This instrument is made under subsections 100(1) and 100(2) of the National Health Act 1953.","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Definitions","content":"#### 4 Definitions\n\n> Note: A number of expressions used in this instrument are defined in definitions section of the Act, including the following:\n\n (a) Chief Executive Medicare;\n (b) Secretary.\n In this instrument:\n\n> Act means the National Health Act 1953.\n\n> approved residential care home has the same meaning as in the Aged Care Act 2024.\n\n> approved supplier has the same meaning as in Part VII of the Act.\n\n> authority approval number has the meaning given by the Regulations.\n\n> CTS claim has the same meaning as in Part VII of the Act.\n\n> electronic medication order means an order for a pharmaceutical benefit made using an electronic medication chart.\n\n> electronic medication chart means a chart within an electronic medication chart system, for a person, that contains all the standard fields set out in Schedule 1 to the National Health (Pharmaceutical Benefits) National Residential Medication Charts Approval Instrument 2025, as in force on 1 November 2025.\n\n> Note: The instrument of approval is available free of charge at www.legislation.gov.au.\n\n> electronic medication chart system means a software system, owned and operated by a software vendor, that:\n\n> (a) is used for prescribing and recording the administration of pharmaceutical benefits to persons receiving residential care at an approved residential care home; and\n\n> (b) is accessible by approved suppliers for the purpose of viewing and annotating electronic medication charts created using the system; and\n\n> (c) does not allow electronic medication charts, or electronic medication orders, created using the system to be sent to the national prescription delivery service.\n\n> electronic medication order unique identification number means a number issued to an electronic medication order in an electronic medication chart system.\n\n> PBS prescriber 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> Regulations means the National Health (Pharmaceutical Benefits) Regulations 2017.\n\n> residential care means funded aged care services accessed through the service group residential care (within the meaning of the Aged Care Act 2024).\n\n> Rules means the National Health (Supply of Pharmaceutical Benefits—Under Copayment Data and Claims for Payment) Rules 2022.\n\n> transitional conformant electronic medication chart system means an electronic medication chart system that is listed on the Transitional eNRMC Conformance Register.\n\n> Transitional eNRMC Conformance Register means the register with that name maintained by the Australian Digital Health Agency as existing on 1 October 2025.\n\n> Note: The Transitional eNRMC Conformance Register is accessible through the Australian Digital Health Agency’s website (http://www.digitalhealth.gov.au).","sortOrder":4},{"sectionNumber":"5","sectionType":"section","heading":"Schedules","content":"#### 5 Schedules\n\n Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.","sortOrder":5},{"sectionNumber":"Part 2","sectionType":"part","heading":"Special arrangements for prescribing, supply and claiming of pharmaceutical benefits","content":"## Part 2—Special arrangements for prescribing, supply and claiming of pharmaceutical benefits","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Pharmaceutical benefits covered by this Special Arrangement","content":"#### 6 Pharmaceutical benefits covered by this Special Arrangement\n\n(1) This Special Arrangement applies to each pharmaceutical benefit which is generally available for supply under Part VII of the Act.\n\n(2) This Special Arrangement does not apply to a pharmaceutical benefit that can only be supplied under Part VII of the Act in accordance with any other Special Arrangement under section 100 of the Act.\n\n(3) This Special Arrangement does not apply to the supply of a pharmaceutical benefit in circumstances in which the supply may only be made under Part VII of the Act in accordance with any other Special Arrangement under section 100 of the Act.\n\nNote: The Minister can:\n\n(a) declare under subsection 85(2A) of the Act that a particular drug may only be supplied under special arrangements made under section 100; and\n\n(b) determine under paragraph 85(8)(a) of the Act that a particular pharmaceutical benefit may only be supplied under special arrangements made under section 100; and\n\n(c) determine under paragraph 85(8)(b) of the Act that one or more of the circumstances in which a prescription for the supply of a pharmaceutical benefit may be written are circumstances under which the benefit may only be supplied under special arrangements made under section 100.","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Application of Part VII of the Act","content":"#### 7 Application of Part VII of the Act\n\n(1) Each pharmaceutical benefit supplied in accordance with this Special Arrangement is supplied under Part VII of the Act.\n\n(2) A provision of Part VII of the Act, or of the Regulations or other instruments made for Part VII of the Act, applies subject to this Special Arrangement.\n\n> Note: See subsection 100(3) of the Act.","sortOrder":8},{"sectionNumber":"8","sectionType":"section","heading":"Prescribing of pharmaceutical benefits","content":"#### 8 Prescribing of pharmaceutical benefits\n\nWriting prescriptions by completing an electronic medication chart\n\n(1) A PBS prescriber may only prescribe a pharmaceutical benefit under this Special Arrangement by creating an electronic medication order within an electronic medication chart in accordance with the requirements of section 41 of the Regulations, as modified by this section.\n\n (2) A prescription for the supply of a pharmaceutical benefit under this Special Arrangement may only be made:\n (a) for a person receiving residential care at an approved residential care home; and\n (b) using a transitional conformant electronic medication chart system.\n\nCreating electronic medication orders ‑ generally\n\n(3) Paragraphs 41(2)(c) and 41(2)(g) of the Regulations do not apply to the creation of an electronic medication order within an electronic medication chart.\n\nNote: The exclusion of paragraph 41(2)(g) enables prescriptions using electronic medication orders to be made under the Special Arrangement for pharmaceutical benefits that are referred to in Schedule 8 of the current Poisons Standard (within the meaning of the Therapeutic Goods Act 1989). PBS prescribers and approved suppliers remain subject to any restrictions on prescribing or dispensing Schedule 8 drugs in applicable state or territory legislation.\n\n(4) The PBS prescriber must electronically approve the prescription in the electronic medication chart system.\n\nCreating electronic medication orders ‑ authority prescriptions\n\n(5) The electronic medication order must contain each authority approval number or relevant streamlined authority code (if any) for the prescription.\n\n(6) A prescription for the supply of a pharmaceutical benefit made in accordance with this section is, for the purposes of the Regulations (other than section 61) and the Rules, taken, to be a medication chart prescription written in accordance with section 41 of the Regulations.\n\n Prescription in paper‑based form is not required\n (7) The PBS prescriber is not required to also provide the prescription in paper‑based form.","sortOrder":9},{"sectionNumber":"9","sectionType":"section","heading":"Supply of pharmaceutical benefits","content":"#### 9 Supply of pharmaceutical benefits\n\n (1) An approved supplier may supply a pharmaceutical benefit under this Special Arrangement to a person receiving residential care in an approved residential care home if the prescription for the pharmaceutical benefit was created using a transitional conformant electronic medication chart system and was made available to the approved supplier, before the pharmaceutical benefit is supplied.\n (2) Sections 45, 47 and 51 of the Regulations apply to the supply of a pharmaceutical benefit by an approved supplier under this Special Arrangement, with the following modifications:\n (a) a reference to a medication chart prescription is taken to be a reference to an electronic medication order;\n (b) section 45 applies as if:\n (i) it required the approved supplier, or a person authorised for the purpose by the approved supplier, to verify in the electronic medication order that the pharmaceutical benefit has been supplied and the date on which it was supplied; and\n (ii) paragraph 45(2)(c) were omitted;\n (c) a reference in section 51 to writing “immediate supply necessary” on the prescription is taken to be a reference to including those words in the electronic medication order.","sortOrder":10},{"sectionNumber":"10","sectionType":"section","heading":"Claims for supply of pharmaceutical benefit","content":"#### 10 Claims for supply of pharmaceutical benefit\n\n(1) An approved supplier may make a claim for payment for the supply of a pharmaceutical benefit under this Special Arrangement in accordance with the Rules, as modified by this section.\n\n(2) Where a claim for payment for the supply of a pharmaceutical benefit of a kind mentioned in subsection (3) is made, for item 25 of the table in clause 1 of Schedule 1 to the Rules, the Patient Category details for a patient in the Residential aged care facility patient (medication chart prescription) category are 0 (zero).\n\n(3) For the purposes of subsection (2), the kind of supply of a pharmaceutical benefit is a supply using software made available by Fred IT Group Pty Ltd (ABN 68 109 546 901) and which is:\n\n(a) a supply where writing the prescription for the supply required authorisation by the Chief Executive Medicare under section 19 of the National Health (Listing of Pharmaceutical Benefits) Instrument 2024 (not including where writing the prescription was taken to have been authorised); or\n\n(b) a supply of a pharmaceutical benefit having a drug (within the meaning of Part VII of the Act) that is referred to in Schedule 8 of the current Poisons Standard (within the meaning of the Therapeutic Goods Act 1989).\n\n(4) If the Chief Executive Medicare notifies the approved supplier in writing that a copy of the electronic medication order is required to be submitted, the approved supplier must submit a copy of the electronic medication order to the Department administered by the Minister who administers the Human Services (Centrelink) Act 1997.\n\n Electronic pharmacy records\n\n(5) For each supply of pharmaceutical benefit based on an electronic medication order in respect of which a claim is made under section 99AAA of the Act by an approved supplier, the supplier must:\n\n(a) prepare an electronic pharmacy record; and\n\n(b) retain the electronic pharmacy record for not less than two years after the day on which the pharmaceutical benefit was supplied.\n\nNote: This subsection establishes record keeping requirements that correspond to the requirements contained in section 61 of the Regulations.\n\n(6) The electronic pharmacy record must contain all information required to be given to the Secretary by an approved supplier in relation to the supply of a pharmaceutical benefit to a person receiving residential care in a approved residential care home by Schedule 1 to the Rules for a CTS claim.\n\n(7) If the Chief Executive Medicare notifies the approved supplier in writing that a copy of an electronic pharmacy record is required to be submitted, the approved supplier must submit a copy of the record to the Department administered by the Minister who administers the Human Services (Centrelink) Act 1997.\n\n(8) A notification given under subsection (4) or (7) may apply to one or more electronic medication orders or electronic pharmacy records, as appropriate.","sortOrder":11},{"sectionNumber":"Part 3","sectionType":"part","heading":"Application and transitional arrangements","content":"## Part 3—Application and transitional arrangements","sortOrder":12},{"sectionNumber":"11","sectionType":"section","heading":"Definitions","content":"#### 11 Definitions\n\nIn this Part:\n\n (a) former Special Arrangement means the National Health (Electronic National Residential Medication Chart Trial) Special Arrangement 2018, as in force immediately before the transition time;\n\n (b) transition time means 1 October 2025;\n\n (c) transitional prescription means a prescription for the supply of a pharmaceutical benefit under the former Special Arrangement that was made:\n\n (i) before the transition time; and\n\n (ii) in accordance with section 41 of the Regulations as modified by section 7 of the former Special Arrangement.","sortOrder":13},{"sectionNumber":"12","sectionType":"section","heading":"Supplies made on transitional prescriptions","content":"#### 12 Supplies made on transitional prescriptions\n\nDespite the repeal of the former Special Arrangement, section 9 of the former Special Arrangement continues to apply to the supply of a pharmaceutical benefit based on a transitional prescription, as if the repeal had not happened, whether the supply was made before, on or after the transition time.","sortOrder":14},{"sectionNumber":"13","sectionType":"section","heading":"Claims for supplies made on transitional prescriptions","content":"#### 13 Claims for supplies made on transitional prescriptions\n\n(1) This section applies where a claim for payment is made after the transition time for the supply of a pharmaceutical benefit made on the basis of a transitional prescription, whether the supply was made before, on or after the transition time.\n\n(2) Despite the repeal of the former Special Arrangement, section 10 of the former Special Arrangement continues to apply to the claim, as if the repeal had not happened","sortOrder":15},{"sectionNumber":"14","sectionType":"section","heading":"Prescriptions written between 1 November 2025 and registration of the National Health (Transitional Electronic National Residential Medication Chart) Amendment (Aged Care Legislation) Special Arrangement 2025","content":"#### 14 Prescriptions written between 1 November 2025 and registration of the National Health (Transitional Electronic National Residential Medication Chart) Amendment (Aged Care Legislation) Special Arrangement 2025\n\n(1) In this section:\n\n(a) old Aged Care Act means the Aged Care Act 1997, as in force immediately before 1 November 2025;\n\n(b) relevant period means on or after 1 November 2025 and before the time the National Health (Transitional Electronic National Residential Medication Chart) Amendment (Aged Care Legislation) Special Arrangement 2025 is registered on the Federal Register of Legislation;\n\n(c) relevant prescription means a prescription for the supply of a pharmaceutical benefit written in accordance with this Special Arrangement as in force during the relevant period;\n\n(d) relevant supply means a supply of a pharmaceutical benefit made on the basis of a relevant prescription.\n\n(2) Sections 8 and 9 of this Special Arrangement apply to a relevant prescription and a relevant supply as if references to a person receiving residential care in or at an approved residential care home include references to a person receiving residential care at a residential care service (as those terms are defined in the old Aged Care Act).","sortOrder":16}],"analysis":{"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"Compared with the former trial arrangement, this instrument narrows and formalises the regime: it confines PBS electronic prescribing under the arrangement to persons in approved residential care and to systems listed on the Transitional eNRMC Conformance Register (s.8(2), s.4), bans transmission to the national prescription delivery service (s.4), and introduces specific claim and recordkeeping rules including a vendor‑specific claim adjustment for Fred IT Group (s.10(2)–(3), s.10(5)–(7)). Transitional provisions preserve certain prior supplies and claims but do not restore pre‑existing broader prescribing routes (ss.12–14)."},"complexity_factors":["Heavy cross‑referencing to Part VII of the National Health Act, the National Health (Pharmaceutical Benefits) Regulations 2017, and the Rules (ss.3,7,8(3),9(2)).","Reliance on external instruments and standards (e.g. the National Residential Medication Charts Approval Instrument 2025 and the Transitional eNRMC Conformance Register) that sit outside the instrument and may change independently (definitions in s.4).","Technical interoperability and access constraints: mandates use of software owned by vendors, requires access for approved suppliers, and prohibits sending charts to the national prescription delivery service (definition of electronic medication chart system, s.4).","Targeted, software‑specific rule affecting claim Patient Category details for software by one vendor (Fred IT Group) (s.10(2)–(3)), creating a narrow commercial carve‑out.","Modified application of multiple regulatory provisions to electronic orders (e.g. changes to sections 41, 45, 47, 51 of the Regulations), requiring careful mapping of obligations (ss.8(1)–(3),9(2)).","Record‑keeping and potential submission obligations for approved suppliers: electronic pharmacy records retained for at least two years and provided if notified by Chief Executive Medicare (ss.10(5)–(7)).","Transitional complexity from repeal of the former 2018 Special Arrangement yet preservation of certain rights and obligations for pre‑transition prescriptions, plus a temporary bridge to older Aged Care Act definitions for a limited period (ss.11–14).","Interplay with state/territory controls on Schedule 8 drugs and authority approval mechanisms, requiring prescribers and suppliers to track multiple regimes (s.8(3) note, s.8(5))."],"plain_english_summary":"This instrument requires PBS prescriptions for people in approved residential aged‑care homes to be created as electronic medication orders in specified, transitional‑conformant electronic medication chart systems, and sets modified rules for supply, claiming and record‑keeping. It ties conformance to a register maintained by the Australian Digital Health Agency and keeps certain transitional arrangements from the earlier trial.\n\nIt affects PBS prescribers, approved suppliers (pharmacies), aged‑care providers, and software vendors by changing how prescriptions are written, verified, retained and sometimes submitted to the Department."},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: enabling electronic medication charts for PBS prescribing in residential aged care. While it incorporates transitional bridges between old and new aged care legislation, this is necessary to maintain continuity of the same core function. The scope has not expanded beyond electronic prescribing for aged care residents."},"complexity_factors":["Multiple overlapping legislative frameworks: references to the National Health Act 1953, Aged Care Act 2024, Aged Care Act 1997 (transitional provisions), National Health (Pharmaceutical Benefits) Regulations 2017, and separate Rules and Instruments","17 defined terms in section 4 alone, many incorporating definitions from other Acts by reference","Nested transitional arrangements: bridges from the 2018 trial arrangement to this 2025 transitional arrangement, with specific provisions for prescriptions written during a 'relevant period' between 1 November 2025 and registration of a future amending instrument","Conditional modifications to existing law: sections 8-10 modify the Regulations and Rules 'as if' certain provisions were omitted or substituted, requiring readers to cross-reference multiple documents","Specific carve-out for Fred IT Group software in section 10(3) with unique claiming requirements (Patient Category details = 0)","Dual commencement dates and transitional timelines (1 October 2025 for main instrument, 1 November 2025 for aged care legislative alignment)","Exception in section 6(2)-(3) excluding pharmaceutical benefits already under other special arrangements, creating a negative scope definition"],"plain_english_summary":"This law creates a temporary bridge allowing approved electronic medication charts to serve as prescriptions for PBS medicines in funded aged care homes, letting doctors, pharmacists and registered software vendors continue electronic prescribing and claiming while Australia transitions to the new Aged Care Act. It preserves medicine supply for residents and keeps electronic systems lawful until a permanent framework begins."},"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"}},"importantCases":[],"_links":{"self":"/api/acts/national-health-transitional-electronic-national-residential-medication-chart-special-arrangement-20","history":"/api/acts/national-health-transitional-electronic-national-residential-medication-chart-special-arrangement-20/history","analysis":"/api/acts/national-health-transitional-electronic-national-residential-medication-chart-special-arrangement-20/analysis","conflicts":"/api/acts/national-health-transitional-electronic-national-residential-medication-chart-special-arrangement-20/conflicts","importantCases":"/api/acts/national-health-transitional-electronic-national-residential-medication-chart-special-arrangement-20/important-cases","documents":"/api/acts/national-health-transitional-electronic-national-residential-medication-chart-special-arrangement-20/documents"}}