15Informed financial consent (Act, s 62(2))

15 Informed financial consent (Act, s 62(2)) (1) An item in the Dental Benefits Schedule applies to a dental service only if a dental provider: (a) obtains consent to provide the dental service from the eligible dental patient or a person able to consent on his/her behalf and informed financial consent to costs from the person who incurs the dental expenses for that dental service before providing any item in the Dental Benefits Schedule; and then: (b) records the consent to treatment and costs; and (c) obtains the appropriate signature or signatures on a patient consent form. (2) In respect of a dental service where there has been an agreement under section 12 of the Act between the eligible dental patient and the dental provider to assign dental benefits, subrule 15(1) is met if a ‘Bulk Billing Patient Consent Form’ was executed on the same day as the service was provided, or on an earlier day in the same calendar year. (3) In respect of any dental service, subrule 15(1) is met if a ‘Non‑Bulk Billing Patient Consent Form’ was executed on the same day as the service was provided. For the avoidance of doubt, this subrule does not apply to a service if subrule 15(1) is met under subrule 15(2) in respect of that service. (4) The patient consent form executed under subrule 15(2) must be made in the form published by the Department and described as the ‘Bulk Billing Patient Consent Form’, as existing on 1 January 2014. Note: The form is available on the internet – see http://www.health.gov.au/dental Note: Section 25C of the Acts Interpretation Act 1901 provides that where an Act prescribes a form, then strict compliance with the form is not required and substantial compliance is sufficient. (5) The patient consent form executed under subrule 15(3) must be made in the form published by the Department and described as the ‘Non‑Bulk Billing Patient Consent Form’, as existing on 1 January 2014. Note: The form is available on the internet – see http://www.health.gov.au/dental Note: Section 25C of the Acts Interpretation Act 1901 provides that where an Act prescribes a form, then strict compliance with the form is not required and substantial compliance is sufficient. (6) Subrules 15(1)(b) and 15(1)(c) do not apply in respect of a dental service if an ‘extenuating circumstance’ applies in respect of that service. (7) For this rule, extenuating circumstances are as determined in the ‘Ministerial guidelines for the Child Dental Benefits Schedule: Extenuating circumstances for informed financial consent’ as made by the Minister and as amended from time to time. Note 1: The guidelines are available on the internet – see http://www.health.gov.au/dental Note 2: Section 60 of the Act provides that despite anything in the Legislation Act 2003, the Rules may make provision in relation to a matter by applying, adopting or incorporating any matter contained in any other instrument or writing as in force or existing from time to time.