Repatriation Pharmaceutical Benefits Scheme

16A When Pharmaceutical benefits may be supplied by Community Pharmacists without prescription

16AB Information about status of person—continued dispensing and medication chart prescriptions

17 Substitution of lesser priced alternative brand of drug

18 Community Pharmacist to be satisfied as to entitlement

19 Dispensing of deleted items

20 Use of forms as notified by the Department or the Commission

21 Financial responsibility

21A Dispensed Price for RPBS Schedule Pharmaceutical benefits

22 Refund in certain circumstances

23 Expenses incurred in obtaining Pharmaceutical Benefits while not in receipt of a pharmaceutical allowance

Part 4—Claims by Community Pharmacists

24 Lodgement of Claims by Community Pharmacists

25 Claims Requirements and Payment

Part 5—Payments to Community Pharmacists

26 Payment of Dispensed Price

30 Fees not payable in some circumstances

31 Community Pharmacist not entitled to demand or receive payments

32 Community Pharmacist to issue receipt where certain payments received

32A Additional community supply support payment

Part 5A—Pharmaceutical Reimbursement

Definitions: 

36 Eligibility for Payment of Pharmaceutical Reimbursement

37 Calculation of annual value of pharmaceutical allowance component of Pension Supplement, Veterans Supplement, MRCA supplement

38 Payment of Pharmaceutical Reimbursement

38A Five Year Limit on Payment of Pharmaceutical Reimbursement

39 Pharmaceutical Reimbursement Calculator

40 Uncounted Co‑Payment

Part 5B—Under Co‑payment Data Collection

40A Giving information

Part 6—Miscellaneous

41 Standards

45 Keeping documents‑other than for continued dispensing or medication chart prescriptions

45A Keeping documents—continued dispensing

45B Keeping documents—medication chart prescriptions

46 Agreement with the Pharmacy Guild of Australia

47 Transitional provision relating to the Veterans’ Affairs Pharmaceutical Benefits Schemes (Electronic Prescriptions and Active Ingredient Prescribing) Amendment Instrument 2019

SCHEDULE 1 — INCORPORATED DOCUMENTS

Schedule 2—Pharmaceutical benefits not covered by PBS—continued dispensing

Endnotes

1A  Name of Scheme

  This instrument is the Repatriation Pharmaceutical Benefits Scheme.

1C  Transitional‑General

  Any process under the revoked scheme that had not been finalised before the commencement of this Scheme is to be completed under this Scheme as if it had commenced under this Scheme.

1D  Transitional‑pharmaceutical reimbursement

For the purpose of working out a pharmaceutical reimbursement, a co‑payment by an Eligible Person for a Pharmaceutical benefit under the revoked scheme, that could have been counted for a pharmaceutical reimbursement under the revoked Scheme but in respect of which a pharmaceutical reimbursement had not been made immediately before the commencement of this Scheme, is taken to be a co‑payment for a Pharmaceutical benefit under this Scheme.

1  Repatriation Pharmaceutical Benefits Scheme

  The Repatriation Pharmaceutical Benefits Scheme is authorised by, and subject to, section 91 of the Veterans’ Entitlements Act 1986.

2  Purpose of the Repatriation Pharmaceutical Benefits Scheme

  The Repatriation Pharmaceutical Benefits Scheme enables Community Pharmacists to supply Pharmaceutical benefits to Eligible Persons.

Part 1—Interpretation

3  Definitions

  For the purposes of this Scheme, unless a contrary intention appears:

accepted disability means a war‑caused injury or a war‑caused disease, a defence‑caused injury or a defence‑caused disease or a DRCA disability.

Note: war‑caused injury etc is defined in the Act.

Act means the Veterans’ Entitlements Act 1986.

approval number means a number allotted by the Secretary or the Minister for Health under section 16 of the National Health (Pharmaceutical Benefits) Regulations 2017 to an approval under the National Health Act 1953 of a person described in the section who, under the Scheme, is a Community Pharmacist.

approved hospital means a hospital in respect of which the hospital authority is approved under section 94 of the National Health Act 1953.

Approved Hospital Authority has the meaning given by subsection 84(1) of the National Health Act 1953.

approved information technology requirements means information technology requirements of a kind approved in writing by the Secretary under section 12 of the National Health (Pharmaceutical Benefits) Regulations 2017 for the purposes of the provision in those regulations in which the expression is used.

Approved Medical Practitioner means a medical practitioner approved under section 92 of the National Health Act 1953 for the purposes of supplying Pharmaceutical benefits.

approved supplier has the meaning given in Part VII of the National Health Act 1953.

Authorised Midwife has the meaning given by subsection 84(1) of the National Health Act 1953.

Authorised Nurse Practitioner has the meaning given by subsection 84(1) of the National Health Act 1953.

authority prescription means a prescription of a Pharmaceutical benefit for which Prior Approval under section 6 is required.

Authority Prescription Form means a prescription in the form, if any, for an “authority prescription” under the National Health (Pharmaceutical Benefits) Regulations 2017.

Chief Executive Medicare has the meaning given by the Human Services (Medicare) Act 1973.

claims rules mean the rules, in force from time to time, made under subsections 98AC(4) and 99AAA(8) of the National Health Act 1953.

Commission means the Repatriation Commission continued in existence by section 179 of the Veterans’ Entitlements Act 1986.

Community Pharmacist means:

 (a) a registered pharmacist approved for the purposes of section 90 of the National Health Act 1953 in charge of a community pharmacy; or

 (b) a registered pharmacist approved for the purposes of section 90 of the National Health Act 1953, being the manager of a registered Friendly Society Dispensary; or

 (c) an Approved Hospital Authority; or

 (d) an Approved Medical Practitioner.

concessional beneficiary has the same meaning it has in section 84 of the National Health Act 1953, in force from time to time.

concessional beneficiary safety net has the same meaning it has in section 99F of the National Health Act 1953, in force from time to time.

concession card has the meaning given by subsection 84(1) of the National Health Act 1953.

continued dispensing supply means the supply of Pharmaceutical benefits in the circumstances in paragraph 16A.

co‑payment, in respect of a Pharmaceutical benefit, means that part of the price of a Pharmaceutical benefit that is borne by the Eligible Person in relation to a Pharmaceutical benefit made available under the Scheme.

deferred supply authorisation means the situation described in section 53 of the National Health (Pharmaceutical Benefits) Regulations 2017.

Note: generally a deferred supply authorisation occurs where a prescription contains a direction to supply more than 1 Pharmaceutical benefit and the Community Pharmacist to whom the prescription is presented, at the request of the person for whom the prescription is written, defers the supply of one or more of the Pharmaceutical benefits.

Department means the Department of Veterans’ Affairs.

dependant, in relation to a concessional beneficiary, has the meaning given by Part VII of the National Health Act 1953.

dispensed price means:

 (a) for a Pharmaceutical benefit included in the PBS and supplied under the Scheme — the dispensed price for the Pharmaceutical benefit in the PBS;

Note: the dispensed price in the PBS is described as “Dispensed Price for Max.Qty”

 (b) for a Pharmaceutical benefit included in the RPBS Schedule and supplied under the Scheme — the dispensed price for the Pharmaceutical benefit in the RPBS Schedule;

Note: the dispensed price in the RPBS Schedule is described as “Dispensed Price for Max.Qty”

 (c) for a Pharmaceutical benefit not included in the PBS or the RPBS Schedule and supplied under the Scheme — the dispensed price for the Pharmaceutical benefit worked out under the RPBS Schedule.

Note: see the information in the RPBS Schedule under the headings: “Pricing of Non‑Schedule Ready Prepared Items” and “Pricing of Non‑Schedule Extemporaneously Prepared Items”.

DRCA disability means an injury (within the meaning of the Safety, Rehabilitation and Compensation (Defence‑related Claims) Act 1988):

(a)  for which the Military Rehabilitation and Compensation Commission has accepted liability to pay compensation under that Act; and

(b)  for which the person with the injury is eligible to be provided with treatment under Part V of the Act.

Note 1:  In the Safety, Rehabilitation and Compensation (Defence‑related Claims) Act 1988 the definition of injury includes a disease (see section 5A of that Act).

Note 2:  Section 85(2A) of the Act provides eligibility for treatment of a person with an injury under the Safety, Rehabilitation and Compensation (Defence‑related Claims) Act 1988.

Drugs or Medicines means goods for therapeutic use as defined for human use by the Therapeutic Goods Act 1989.

Eighth Community Pharmacy Agreement means the written agreement of that name between the Commonwealth and The Pharmacy Guild of Australia about the delivery of PBS medicines and related services, as in force from time to time.

electronic medication chart has the meaning given by subsection 11B(8).

electronic prescription means a prescription that is prepared and submitted:

 (a) in accordance with approved information technology requirements (if any), by means of an eligible electronic communication; and

 (b) in accordance with the appropriate form approved by the  Secretary under:

 (i) subparagraph 40(2)(c)(ii) (prescriptions other than medication chart prescriptions) of the National Health (Pharmaceutical Benefits) Regulations 2017; or

 (ii) subsection 41(5) (medication chart prescriptions) of the National Health (Pharmaceutical Benefits) Regulations 2017.

eligible electronic communication means:

 (a) an electronic communication of a kind approved by the Secretary under section 11 of the National Health (Pharmaceutical Benefits) Regulations 2017 for the purposes of the provision in which the expression is used; or

 (b) if no such approval is in force for the purposes of the provision in which the expression is used—any electronic communication.

Eligible Person means:

 (a) a person who holds a Repatriation Health Card ‑ For All Conditions; or

 (b) a person who holds a Repatriation Health Card ‑ For Specific Conditions; or

 (c) a person who holds a Repatriation Pharmaceutical Benefits Card.

entitlement card has the meaning given by subsection 84(1) of the National Health Act 1953.

Explanatory Notes means:

(a) the document forming part of the Pharmaceutical Benefits Scheme that is SECTION 1‑ EXPLANATORY NOTES; and

(b) the document forming part of the Pharmaceutical Benefits Scheme that is the RPBS Explanatory Notes;

being the version of the documents in the form in which they exist from time to time.

general patient safety net has the same meaning it has in section 99F of the National Health Act 1953, in force from time to time.

healthcare identifier has the same meaning as in the Healthcare Identifiers Act 2010.

healthcare provider organisation has the same meaning as in the Healthcare Identifiers Act 2010.

income support payment is a service pension (defined in subsection 5Q(1) of the Act or an income support supplement (referred to in Part IIIA of the Act).

income support payment under the Social Security Act 1991 means a payment referred to in the definition of “income support payment” in subsection 23(1) of the Social Security Act 1991.

Medical Practitioner has the same meaning as “medical practitioner” has in the Health Insurance Act 1973.

medicare number has the meaning given by subsection 84(1) of the National Health Act 1953.

medication chart has the meaning given by subsection 11B(6).

medication chart prescription has the meaning given by section 11B.

Minister for Health means the Minister administering the National Health Act 1953.

MRCA supplement means a payment under section 300 of the Military Rehabilitation and Compensation Act 2004.

paper‑based prescription means a prescription that is prepared in duplicate in accordance with subsection 40(2) of the National Health (Pharmaceutical Benefits) Regulations 2017.

PBS or Pharmaceutical Benefits Scheme means the document entitled “SCHEDULE OF PHARMACEUTICAL BENEFITS” with International Standard Serial Number 1037‑3667, being the version of the document in the form in which it exists from time to time.

PBS prescriber has the meaning given by subsection 84(1) of the National Health Act 1953.

PBS prescriber number means the number given by the Chief Executive Medicare to a person who may prescribe a pharmaceutical benefit under the National Health Act 1953.

PBS Schedule means the collection of instruments made under Part VII of the National Health Act 1953 (the Act) by the Minister who administers that Act, as those instruments are in force from time to time.

pension supplement has the same meaning it has in subsection 5Q(1) of the Act, in force from time to time.

pharmaceutical allowance means the component of the veterans supplement or pension supplement or MRCA supplement or war widow/war widower pension that is to assist with the purchase of Pharmaceutical benefits, the calculated value of which is referred to in paragraph 37 (pharmaceutical allowance component) of Part 5A.

pharmaceutical benefit has a drug has the same meaning as in Part VII of the National Health Act 1953.

Pharmaceutical benefits has the same meaning as “pharmaceutical benefits” in subsection 91(9) of the Veterans’ Entitlements Act 1986.

pharmaceutical item has the meaning given in Part VII of the National Health Act 1953.

pharmaceutical reimbursement means the financial amount described in paragraphs 33‑35 of Part 5A.

Prior Approval means the prior approval of the Commission.

relevant streamlined authority code, for a pharmaceutical benefit that is prescribed, means the streamlined authority code that is part of:

 (a) the circumstances determined under paragraph 85(7)(b) of the National Health Act 1953 for the Pharmaceutical benefit; or

 (b) the conditions determined under subsection 85A(2A) of the National Health Act 1953 for the Pharmaceutical benefit.

Repatriation Health Card ‑ For All Conditions means an identification card, or written authorisation, provided to:

 (a) a person eligible under section 85 of the Veterans’ Entitlements Act 1986 for treatment, subject to the Treatment Principles, for all injuries or diseases; or

 (b) a person eligible under section 86 of the Veterans’ Entitlements Act 1986 for treatment, subject to the Treatment Principles, for all injuries or diseases.

Repatriation Health Card ‑ For Specific Conditions means an identification card, or written authorisation, provided to a person who is eligible:

 (a) under section 85 of the Veterans’ Entitlements Act 1986 for treatment, for war‑caused or defence‑caused injuries or diseases, and certain specified conditions; or

 (b) for treatment under a determination made under section 88A of the Veterans’ Entitlements Act 1986.

Repatriation Pharmaceutical Benefits Card means an identification card entitled 'Repatriation Pharmaceutical Benefits Card' which is provided to a person pursuant to section 93X of the Veterans' Entitlements Act 1986 and which entitles the person to pharmaceutical benefits in accordance with this Scheme.

Note:          Part VA of the Veterans' Entitlements Act 1986 (Act) has the effect of deeming an eligible Commonwealth veteran, an eligible allied veteran, and an eligible allied mariner, to be entitled to pharmaceutical benefits under the Repatriation Pharmaceutical Benefits Scheme as if such person was eligible for treatment comprised of pharmaceutical benefits under Part V of the Act.

Repatriation Schedule of Pharmaceutical Benefits means all of the content in the Pharmaceutical Benefits Scheme for the part with the heading “Repatriation Pharmaceutical Benefits Scheme”.

repeat authorisation form means the form mentioned in subparagraph 52(3)(a)(i) of the National Health (Pharmaceutical Benefits) Regulations 2017.

residential care service means a residential care home as defined in subsection 10(2) of the Aged Care Act 2024.

Note:  Subsections 10(3), (4) and (5) of the Aged Care Act 2024 are applicable when applying subsection 10(2) of that Act.

revoked scheme means the Repatriation Pharmaceutical Benefits Scheme (1995 No.12).

RPBS means the Repatriation Pharmaceutical Benefits Scheme.

RPBS Explanatory Notes means the document forming part of the Pharmaceutical Benefits Scheme that is the RPBS Explanatory Notes being the version of the document in the form in which it exists from time to time.

RPBS prescriber means an Approved Medical Practitioner, an Authorised Midwife or an Authorised Nurse Practitioner.

Note: an RPBS prescriber who is an Authorised Midwife or an Authorised Nurse Practitioner may only prescribe a Pharmaceutical benefit listed on the PBS and a prescription by an Authorised Midwife or an Authorised Nurse Practitioner for a Pharmaceutical benefit that is not available on the PBS is not recognised under the Scheme, even if the Pharmaceutical benefit is available under the Scheme on the prescription of, say, an Approved Medical Practitioner.

RPBS Schedule means the document forming part of the Pharmaceutical Benefits Scheme that is the Repatriation Schedule of Pharmaceutical Benefits, being the version of the document in the form in which it exists from time to time.

safety net, in respect of its application to a person under this Scheme, means the concessional beneficiary safety net or general patient safety net, whichever amount first applies to the person for the purposes of section 84C of the National Health Act 1953, in force from time to time.

Note: under section 84C of the National Health Act 1953 a concession card or entitlement card is issued when a person reaches their Safety Net.  The card is issued for the “relevant entitlement period”. The relevant entitlement period is the remainder of the calendar year after the card is issued.

Scheduled item means an item in the PBS Schedule or the RPBS Schedule.

Scheme means the Repatriation Pharmaceutical Benefits Scheme.

Secretary has the meaning given in Part 1 of the National Health Act 1953.

social security pension supplement means a rate or amount worked out under section 20A of the Social Security Act 1991.

 special arrangement means the National Health (COVID‑19 Supply of Pharmaceutical Benefits) Special Arrangement 2020 (the instrument) made by the Minister for Health under section 100 of the National Health Act 1953 to modify the arrangements for the supply of Pharmaceutical benefits under Part VII of that Act.

Standard Prescription Form means a prescription prepared in accordance with subsection 40(2) of the National Health (Pharmaceutical Benefits) Regulations 2017.

Note:  a Standard Prescription Form does not include a medication chart prescription.

supply certification form means the form of that name in the claims rules.

Treatment Principles is the written document prepared by the Repatriation Commission, approved by the Minister under section 90 of the Veterans’ Entitlements Act 1986, and in force from time to time.

veterans supplement means the payment under section 118A of the Act.

war‑caused or defence‑caused injuries or diseases means the injuries or diseases described in, respectively, section 9 and 70 of the Act; and in relation to a person with a DRCA disability means the person’s injury (within the meaning of the Safety, Rehabilitation and Compensation (Defence‑related Claims) Act 1988) was caused by, or arose out of, the person’s employment in the Defence Force that is covered by the Safety, Rehabilitation and Compensation (Defence‑related Claims) Act 1988.

war widow/war widower pension means a payment received by a war widow/war widower —pensioner comprised of:

 (a) a pension under Part II or IV of the Act at a rate determined under or by reference to subsection 30(1) of the Act; or

 (b) a lump sum mentioned in paragraph 234(1)(b) of the MRCA or a weekly amount mentioned in that paragraph.

Note: MRCA is defined in subsection 5Q(1) of the Act as the Military Rehabilitation and Compensation Act 2004.

Note: references in the Scheme to paragraphs, subparagraphs, sections and subsections are interchangeable. For example a reference to “paragraph 10” of the Scheme is the same as a reference to “section 10” of the Scheme and vice versa.

4  Notification of certain matters in the Explanatory Notes

  Where it is provided for the Department or the Commission to notify of certain matters under the Scheme, the inclusion of the matter in the RPBS Explanatory Notes and publication of the RPBS Explanatory Notes (as part of the publication of the Pharmaceutical Benefits Scheme which includes the RPBS Explanatory Notes) shall be taken to constitute such notification.

5  Department to notify of certain matters as agent of the Commission

3B.  Where it is provided that the Department may notify of certain matters, the Department may only do so for and on behalf of the Commission, as its agent.

Part 2—Prescribing of Benefits Procedure by Medical Practitioners

6  Prior Approval

 (a) The Commission may approve any matters requiring “Prior Approval”; and

 (b) Prior Approval must be sought, in advance, in accordance with an Authority Prescription Form.

7  Restrictions

  Restrictions apply to the prescribing of certain items. These include:

 (a) items — quantities and repeats: those listed in the RPBS Schedule or PBS Schedule;

 (b) surgical appliances and other treatment aids: surgical appliances and other treatment aids provided under the Treatment Principles may not be prescribed unless specifically listed in the RPBS Schedule;

 (c) admixtures: the following restrictions apply to admixtures:

 (i) admixture of two or more ready‑prepared items into a single combined form, or the addition of one or more supplementary ingredients to a ready‑prepared item, is not recognised as a Pharmaceutical benefit;

 (ii) the extemporaneous prescribing of two or more official formulary preparations in a single combined form, or the addition of one or more supplementary ingredients to an official formulary preparation, is a recognised Pharmaceutical benefit; and

 (iii) where one or more of the components of a preparation specified in subsubparagraph (ii) are non‑RPBS Schedule or non‑PBS Schedule items, Prior Approval is required for their prescribing;

  (d)  conformity with standards: no drug or therapeutic substance shall  be prescribed unless it conforms with the specific or general standards as determined by the relevant Minister under the Therapeutic Goods Act 1989.

 (e) basis for prescribing: the prescribing of therapeutic substances other than on the clinical diagnosis of a Medical Practitioner, Authorised Nurse Practitioner or Authorised Midwife shall be invalid;

Note: an RPBS prescriber who is an Authorised Midwife or an Authorised Nurse Practitioner may only prescribe a Pharmaceutical benefit listed on the PBS and a prescription by an Authorised Midwife or an Authorised Nurse Practitioner for a Pharmaceutical benefit that is not available on the PBS is not recognised under the Scheme, even if the Pharmaceutical benefit is available under the Scheme on the prescription of, say, an Approved Medical Practitioner.

 (f) approval for therapeutic use: it is invalid to prescribe:

 (i) an item that is not approved for therapeutic use in the treatment of human illness by the relevant Commonwealth, State or Territory Government agencies, or

 (ii) an item for use if it is not in accordance with the terms and conditions specified by the relevant Government agencies in approving the item as a therapeutic substance;

 (g) Prior Approval for non‑conforming items: any drug or medicine intended for use other than in conformity with the requirements in subparagraph (d) requires Prior Approval;

 (h) PBS Schedule restricted items: the prescribing of PBS Schedule restricted items is to comply with the restrictions relating to the prescribing of such items as indicated in the PBS Schedule unless Prior Approval is obtained to prescribe otherwise;

 (j) RPBS Schedule restricted items: the prescribing of RPBS Schedule restricted items under this Part is to comply with the restrictions relating to the prescribing of such items as indicated in the RPBS Schedule unless Prior Approval is obtained to prescribe otherwise;

 (k) Prior Approval for non‑Schedule items: the prescribing of an item not included in the RPBS Schedule or PBS Schedule requires Prior Approval.

8  Prescribing provisions

7.  The PBS Schedule and RPBS Schedule are the primary references for the prescribing of Pharmaceutical benefits.

9  Application of PBS Schedule restrictions and RPBS Schedule restrictions

8.  Restrictions specified in the PBS Schedule and RPBS Schedule which limit supply of items to a particular class of person, or are reserved for specified purposes or require an authority to prescribe, apply unless Prior Approval is obtained to prescribe otherwise.

10  Prescriptions to conform with State or Territory Law

9.  For a prescription to be recognised by the Commission it must conform with the provisions of State or Territory law.

11  Form of prescriptions

10.  Who can write Prescriptions

 (1) Prescriptions are to be written by a Medical Practitioner, Authorised Nurse Practitioner or Authorised Midwife and except where inconsistent with the Scheme are to:

 (a) satisfy the requirements for prescriptions in the National Health (Pharmaceutical Benefits) Regulations 2017; and

 (b) in the case of a prescription written by an Authorised Nurse Practitioner or Authorised Midwife — only be for a Pharmaceutical benefit the person is permitted to prescribe under the National Health Act 1953 (including under the instruments under that Act).

Note: an RPBS prescriber who is an Authorised Midwife or an Authorised Nurse Practitioner may only prescribe a Pharmaceutical benefit listed on the PBS and a prescription by an Authorised Midwife or an Authorised Nurse Practitioner for a Pharmaceutical benefit that is not available on the PBS is not recognised under the Scheme, even if the Pharmaceutical benefit is available under the Scheme on the prescription of, say, an Approved Medical Practitioner.

11AA  Writing prescriptions‑general

  A prescription for the supply of a Pharmaceutical benefit must be written in accordance with;

 (a) either:

 (i) section 11A (prescriptions other than medication chart prescriptions); or

 (ii) section 11B (medication chart prescriptions); and

 (b) if the prescription is an electronic prescription—section 11C (additional requirements for all electronic prescriptions).

Note: other provisions of the Scheme may also contain requirements for writing of prescriptions.

11A  Writing of prescriptions‑prescriptions other than medication chart prescriptions

 (1) An RPBS prescriber writes a prescription in accordance with this Scheme if the RPBS prescriber :

 (a) prepares the prescription:

 (i) in duplicate, 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 RPBS prescriber and, subject to subsection (4), the letters ‘RPBS’(or ‘DVA’); and

 (C) on the original of which appear the words ‘pharmacist/patient copy’; and

 (D) on the duplicate of which appear the words ‘Medicare Australia/DVA copy’; or

 (ii) in duplicate, 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 RPBS prescriber and, subject to subsection (4), the letters ‘RPBS’ (or ‘DVA’); and

 (C) on the original of which appear the words ‘pharmacist/patient copy’; and

 (D) on the duplicate of which appear the words ‘Medicare Australia/DVA copy’; and

 (E) that is approved in writing for the purpose by the Secretary (as defined in the National Health Act 1953); or

 (iia) by means of a form:

 (A) on which appear the name and address of the RPBS prescriber and the letters ‘RPBS’ (or ‘DVA’); and

 (B) that is approved in writing by the Secretary (as defined in the National Health Act 1953) for the purpose of writing an electronic prescription; or

 (iii)  by another method approved in writing by the Secretary (as defined in the National Health Act 1953); and

 (b) signs the prescription after it is prepared; and

 (c) for an authority prescription—writes on it that prior approval has been obtained (if the case); and

 (d) specifies on the prescription the date on which the prescription is written; and

 (e) for a Authorised Midwife or Authorised Nurse Practitioner—states in the prescription the number allotted to his or her approval under section 16 of the National Health (Pharmaceutical Benefits) Regulations 2017; and

 (f) states in the prescription the name of the person for whom the Pharmaceutical benefit is prescribed and the address of that person; and

 (g) identifies in the prescription the Pharmaceutical benefit in accordance with subsection (1A); and

 (h) states in the prescription:

 (i) the quantity or number of units of the Pharmaceutical benefit to be supplied; and

 (ii) if the supply of the benefit is to be repeated—the number of times it is to be repeated; and

 (i) if the Pharmaceutical benefit to be supplied is not a ready‑prepared pharmaceutical benefit (as defined in the National Health (Pharmaceutical Benefits) Regulations 2017)—indicates in the prescription the manner in which the Pharmaceutical benefit is to be administered.

 (1A) For the purposes of paragraph (1)(g), the RPBS prescriber must identify in the prescription:

 (a) if:

 (i) the prescription is prepared in accordance with paragraph (1)(a); or

 (ii) the prescription is for the supply of a Pharmaceutical benefit that has 4 or more drugs; or

 (iii) the prescription is for the supply of a Pharmaceutical benefit that is specified by the Secretary, in writing, for the purposes of subparagraph 40(2A)(a)(iii) of the National Health (Pharmaceutical Benefits) Regulations 2017; or

 (iv) the prescription is for the supply of a Pharmaceutical benefit listed under the heading “Various” in the RPBS Schedule;

  the Pharmaceutical benefit by such particulars as are necessary to identify the Pharmaceutical benefit; or

 (b) otherwise:

 (i) each drug that the Pharmaceutical benefit has; and

 (ii) if the RPBS prescriber considers that it is necessary for the medical treatment of the person for whom the Pharmaceutical benefit is to be supplied to identify a brand of the pharmaceutical item that the Pharmaceutical benefit has—the brand of the pharmaceutical item.

 (1B) If subparagraph (1A)(b)(ii) applies, the brand of the pharmaceutical item must be listed after the drugs that the Pharmaceutical benefit has.

 (1C) Subsection (1A) does not apply to the extent that it would be contrary to a law of a State or Territory that would otherwise apply.

 (2)  A prescription written in accordance with this section must not provide for the supply of a Pharmaceutical benefit to:

 (a) a person if the RPBS prescriber has written, on the same day, another prescription for the supply of the same or an equivalent Pharmaceutical benefit to the person; or

 (b) more than 1 person.

 (3) For the purposes of paragraphs (2)(b), (c) and (d), a prescription must not be prepared using a computer program that:

 (a) operates, or may operate, to indicate on a prescription by default, for the purposes of subsection 103(2A) of the National Health Act 1953, that only the brand of pharmaceutical benefit specified in the prescription is to be supplied; or

 (b) if paragraph (2A)(b) of this section applies to the prescription—operates, or may operate, to indicate on a prescription by default a brand of the pharmaceutical item that the pharmaceutical benefit has.

11B  Writing prescriptions — medication chart prescriptions

Writing prescription by completing section of medication chart

 (1) An RPBS prescriber writes a prescription (a medication chart prescription) for a Pharmaceutical benefit in accordance with this section if:

 (a) the person for whom the Pharmaceutical benefit is prescribed is receiving treatment in or at:

 (i) a residential care service; or

 (ii) an approved hospital; and

 (b) the RPBS prescriber completes a section of a medication chart for the person in relation to the Pharmaceutical benefit in accordance with

 (i) subsection (3) and

 (ii) if the prescription would be an authority prescription other than an authority prescription referred to in subsection (4A) – subsection (4).

 (2) A reference in the Scheme to a prescription, or a medication chart prescription, includes a reference to the completed section of the chart by which a medication chart prescription was written.

Completing section of medication chart—general

 (3) An RPBS prescriber completes a section of a medication chart in accordance with this subsection for a person (the patient) in relation to a Pharmaceutical benefit if:

 (a) the RPBS prescriber writes in the section of the chart:

 (i) particulars to identify the Pharmaceutical benefit in accordance with subsection (3A); and

 (ii) the date on which the Pharmaceutical benefit is prescribed; and

 (iii) the Pharmaceutical benefit’s dose, frequency of administration and route of administration; and

 (iv) the letters ‘RPBS’ or ‘DVA’; and

 (b)  the chart contains the following information:

 (i) the RPBS prescriber’s full name, address and PBS prescriber number (if a PBS prescriber);

 (ii) the patient’s full name;

 (iii) the patient’s medicare number;

 (iv) the number of any entitlement card or concession card held by the patient;

 (v) if the patient is a concessional beneficiary or the dependant of a concessional beneficiary – the number of any card issued by the Commonwealth and held by the concessional beneficiary that is evidence that the patient is entitled to receive the Pharmaceutical benefit on terms appropriate for the supply of the benefit to a patient of that kind;

 (vi) the name of the residential care service or approved hospital in or at which the patient is receiving treatment;

 (vii) if the patient is receiving treatment in or at a residential care service—the Residential Aged Care Service ID for the residential care service;

 (viii) if the patient is receiving treatment in or at an approved hospital—the patient’s address and;

 (c) the RPBS prescriber writes his or her signature:

 (i) in the section of the chart; and

 (ii) except in the case of an electronic prescription—on the cover page of the chart; and

 (d) the section of the chart does not provide for the supply of a Pharmaceutical benefit to more than one person; and

 (e) the section of the chart is not completed using a computer program that operates, or may operate, to indicate on a prescription by default, for subsection 103(2A) of the National Health Act 1953, that only the brand of Pharmaceutical benefit specified in the prescription is to be supplied; and

 (ea) if paragraph (3A)(b) of this section applies to the prescription—the section of the chart is not completed using a computer program that operates, or may operate, to indicate on a prescription by default a brand of the pharmaceutical item that the pharmaceutical benefit has; and

 (f) if the patient is receiving treatment in or at an approved hospital—the chart specifies the day on which the chart’s period of validity ends under subsection 16AA(3A), which must be the last day of one of the following periods starting on the day the first prescription for a Pharmaceutical benefit is written in the chart:

 (i) 1 month;

 (ii) 4 months;

 (iii) 12 months; and

 (g)  in any case—the section of the chart is completed before the end of the chart’s period of validity under subsection 16AA(3) or (3A).

Note: A section in a medication chart may set out fields that only need to have information filled in if the information is relevant to the particular prescription concerned.

Example: For paragraph (f), the first prescription is written in a medication chart on 11 June in a particular year. The day specified in the chart as the day on which the chart’s period of validity ends must be 10 July or 10 October in that year, or 10 June in the following year.

 (3A) For the purposes of subparagraph (3)(a)(i), the RPBS prescriber must write in the section of the chart:

(a) if:

(i) the prescription is prepared by handwriting the prescription on the section of the chart; or

(ii) the prescription is for the supply of a pharmaceutical benefit that has 4 or more drugs; or

(iii) the patient is receiving treatment in or at a residential care service and the medication chart is not an electronic medication chart; or

(iv) the prescription is for the supply of a pharmaceutical benefit that is specified by the Secretary, in writing, for the purposes of subparagraph 40(2A)(a)(iii) of the National Health (Pharmaceutical Benefits) Regulations 2017; or

 (v) the prescription is for the supply of a Pharmaceutical benefit listed under the heading “Various” in the RPBS Schedule;

 particulars sufficient to identify the pharmaceutical benefit; or

 (b) otherwise:

 (i) each drug that the Pharmaceutical benefit has; and

 (ii) if the RPBS prescriber considers that it is necessary for the medical treatment of the patient to identify a brand of the pharmaceutical item that the Pharmaceutical benefit has—the brand of the pharmaceutical item.

 (3B) If subparagraph (3A)(b)(ii) applies, the brand of the pharmaceutical item must be listed after the drugs that the pharmaceutical benefit has.

 (3C) Subsection (3A) does not apply to the extent that it would be contrary to a law of a State or Territory that would otherwise apply.

Completing section of medication chart—authority prescriptions

 (4) An RPBS prescriber completes a section of a medication chart in accordance with this subsection for a person for the purpose of writing an authority prescription if the section of the chart contains:

 (a) the authority approval number (if one is given); or

 (b) the relevant streamlined authority code for the Pharmaceutical benefit that is prescribed.

Authority prescriptions that have been authorised in accordance with certain authority required procedures

 (4A) Subparagraph (1)(b)(ii) does not apply to authority prescriptions that have been authorised in accordance with authority required procedures that are incorporated by reference into the circumstances determined for a Pharmaceutical benefit under subsection 85B(4) of the National Health Act 1953.

Note: If the authority required procedures referred to in subsection (4A) require a streamlined authority code or an authority approval number to be written on an authority prescription, and the code or number is not written on the authority prescription, the special patient contribution is not payable by the Commonwealth: see subsection 85B(4) of the National Health Act 1953.

  Medication charts

 (6) A medication chart is a chart in a form (if any) approved under subsection (7) that is used for prescribing, and recording the administration of, Pharmaceutical benefits to persons receiving treatment in or at a residential care service or a hospital, whether or not the chart :

 (a) is used for any other purpose; or

 (b) contains any other information.

Note: For paragraph (a), the chart may also be used (for example) to prescribe, and record the administration of drugs, medicines and other substances that are not Pharmaceutical benefits.

 (7) The form of a medication chart is approved if the Secretary (as defined in the National Health Act 1953) has approved it.

Electronic medication charts

 (8) An electronic medication chart is a medication chart in a form approved by the Secretary under subsection 41(5) of the National Health (Pharmaceutical Benefits) Regulations 2017 for the purpose of writing an electronic prescription.

11C  Writing prescriptions—additional requirements for all electronic prescriptions

  An RPBS prescriber writes an electronic prescription in accordance with this section if the RPBS prescriber:

 (a) includes in the metadata of the prescription:

 (i) the conformance identifier provided to the Australian Digital Health Agency in relation to the software used to prepare the prescription; and

 (ii) a unique identifier for the prescription generated by that software; and

 (b) states in the prescription:

 (i) the healthcare identifier (if any) assigned to the RPBS prescriber; and

 (ii) the healthcare identifier assigned to a healthcare provider organisation to which the RPBS prescriber is linked (within the meaning of the Healthcare Identifiers Act 2010).

11D  Writing prescriptions—additional information that may be included in electronic prescriptions

  An electronic prescription may include either or both of the following:

 (a) the date of birth of the person for whom the Pharmaceutical benefit is prescribed;

 (b) the reason why the Pharmaceutical benefit is prescribed to that person.

12  When prescriptions are invalid

  A prescription is not a valid Pharmaceutical benefit if the Medical Practitioner, Authorised Nurse Practitioner or Authorised Midwife:

 (a) except where the prescription is a medication chart prescription, prescribes a Pharmaceutical benefit for a person in respect of whom another prescription for the same benefit has been written on the same day by the same Medical Practitioner, Authorised Nurse Practitioner or Authorised Midwife; or

 (b) prescribes, on the one form, a Pharmaceutical benefit that is a drug of addiction and another Pharmaceutical benefit, and directs that the supply of either Pharmaceutical benefit is to be repeated (but, if no repeats of either item are ordered, the prescription may be accepted provided that this is in accordance with the relevant State or Territory law); or

 (c) prescribes a narcotic drug for the Medical Practitioner, Authorised Nurse Practitioner or Authorised Midwife writing the prescription; or

 (d) prescribes on a Standard Prescription Form an item not listed in the RPBS Schedule or PBS Schedule; or

 (e) prescribes on a Standard Prescription Form a benefit in contravention of any of the restrictions set out in paragraph 7; or

 (f) where the prescription is by an Authorised Nurse Practitioner or Authorised Midwife for an Eligible Person — prescribes a Pharmaceutical benefit that is not available to the Eligible Person under the PBS.

Note: an RPBS prescriber who is an Authorised Midwife or an Authorised Nurse Practitioner may only prescribe a Pharmaceutical benefit listed on the PBS and a prescription by an Authorised Midwife or an Authorised Nurse Practitioner for a Pharmaceutical benefit that is not available on the PBS is not recognised under the Scheme, even if the Pharmaceutical benefit is available under the Scheme on the prescription of, say, an Approved Medical Practitioner.

13  Maximum quantity and repeats allowed

  The quantity and repeats for Scheduled items are to be confined to those specified in the RPBS Schedule or PBS Schedule.  However, where inadequate, the Medical Practitioner, Authorised Nurse Practitioner or Authorised Midwife may seek Prior Approval to prescribe a quantity greater, or a greater number of repeats, than the maximum listed in the RPBS Schedule or PBS Schedule.

Note: an RPBS prescriber who is an Authorised Midwife or an Authorised Nurse Practitioner may only prescribe a Pharmaceutical benefit listed on the PBS and a prescription by an Authorised Midwife or an Authorised Nurse Practitioner for a Pharmaceutical benefit that is not available on the PBS is not recognised under the Scheme, even if the Pharmaceutical benefit is available under the Scheme on the prescription of, say, an Approved Medical Practitioner.

14  Prescribing outside the RPBS Schedule or PBS Schedule

  If a Medical Practitioner is of the clinical opinion that there are no therapeutic alternatives available in the RPBS Schedule or PBS Schedule for the treatment of an Eligible Person, the Medical Practitioner may seek Prior Approval from the Commission to prescribe an item not contained in those Schedules.

15  Medical Practitioner subject to this Scheme

  Where a Medical Practitioner, Authorised Nurse Practitioner or Authorised Midwife prescribes for an Eligible Person, the Medical Practitioner, Authorised Nurse Practitioner or Authorised Midwife shall be subject to the terms and conditions of this Scheme and the Explanatory Notes.

Note: an RPBS prescriber who is an Authorised Midwife or an Authorised Nurse Practitioner may only prescribe a Pharmaceutical benefit listed on the PBS and a prescription by an Authorised Midwife or an Authorised Nurse Practitioner for a Pharmaceutical benefit that is not available on the PBS is not recognised under the Scheme, even if the Pharmaceutical benefit is available under the Scheme on the prescription of, say, an Approved Medical Practitioner.

Part 3—Supply of Pharmaceutical Benefits

16  Supply of Pharmaceutical Benefits — Procedure by Community Pharmacists

  Subject to paragraph 16AAA (special arrangements) and paragraph 16A (continued dispensing), a Community Pharmacist is required to supply a Pharmaceutical benefit only upon the surrender of:

 (a) a valid Standard Prescription Form; or

 (b) a valid Authority Prescription Form; or

 (c) a valid repeat authorisation form presented with a duplicate prescription in accordance with the requirements under the PBS; or

 (d) a valid medication chart prescription;

  provided that such documents are in accordance with State or Territory law and this Scheme and the Explanatory Notes, and with any requirements which the Department or the Commission, from time to time, notifies.

16AAA  Pharmaceutical benefits supplied under a special arrangement

(1) A Community Pharmacist will be required to supply a Pharmaceutical

  benefit to an Eligible Person under a special arrangement if:

(a) the supply is made in accordance with the conditions specified in  the National Health (COVID‑19 Supply of Pharmaceutical Benefits) Special Arrangement 2020 as in force from time to time:

(i) as if the supply under the Scheme is a supply covered by the instrument; and

(ii)    the instrument has effect under subsections (2), (3), (4), (5), (6),   

   (7), (8), (9), (10) and (11) of this section; and

(iii) to the extent that those conditions are applicable to the supply;    

     and

(iv) the supply of the Pharmaceutical benefit occurs before the repeal of the National Health (COVID‑19 Supply of Pharmaceutical Benefits) Special Arrangement 2020;

(b)  the supply otherwise conforms to this section.

(2) For the purposes of paragraph (1)(a) of this section, the National Health (COVID‑19 Supply of Pharmaceutical Benefits) Special Arrangement 2020 has effect in accordance with the following table.

• Modified effect of the National Health (COVID‑19 Supply of Pharmaceutical Benefits) Special Arrangement 2020 instrument
• Item Column 1The instrument has effect as if a reference to … Column 2were a reference to …
• 1 a paper‑based repeat authorisation a repeat authorisation form
• 2 a PBS prescriber a person who prescribes a Pharmaceutical benefit under the Scheme
• 3 a pharmaceutical benefit a Pharmaceutical benefit
• 4 an approved hospital authority an Approved Hospital Authority
• 5 an approved pharmacist a Community Pharmacist
• 6 a CTS claim a claim under the claims rules
• 7 Part VII of the Act the Scheme
• 8 section 44 of the Regulations section 16 of the Scheme
• 9 subsections 40(1), (2) and (2A) of the Regulations subsections 11A(1) and (1A) of the Scheme
• 10 subsection 40(2) of the Regulations subsection 11A(1) of the Scheme

Further modifications of the instrument

(3) The special arrangement referred to in paragraph (1)(a) has effect as if the definition of “approved hospital authority” in subsection 6(1) of the instrument is omitted.

(4) The special arrangement referred to in paragraph (1)(a) has effect as if the definition of “approved hospital authority dispenser” in subsection 6(1) of the instrument is replaced with the following:

approved hospital authority dispenser means the Community Pharmacist or approved medical practitioner by whom, or under whose supervision, a Pharmaceutical benefit supplied by an Approved Hospital Authority will be dispensed.

(5) The special arrangement referred to in paragraph (1)(a) has effect as if the definition of “CTS claim” in subsection 6(1) of the instrument is omitted.

(6) The special arrangement referred to in paragraph (1)(a) has effect as if the definition of “medication chart prescription” in subsection 6(1) of the instrument is replaced with the following:

medication chart prescription has the same meaning as in the Scheme.

(7) The special arrangement referred to in paragraph (1)(a) has effect as if the definition of “paper‑based prescription” in subsection 6(1) of the instrument is replaced with the following:

paper‑based prescription has the same meaning as in the Scheme.

(8) The special arrangement referred to in paragraph (1)(a) has effect as if section 8 of the instrument is replaced with the following:

8 Application of the Scheme

A provision of the Scheme applies subject to this Special Arrangement.

(9) The special arrangement referred to in paragraph (1)(a) has effect as if subsection 9(1) was omitted and replaced with the following:

(1) Division 2 of Part 2 of this Special Arrangement applies to the supply of a pharmaceutical benefit by an approved supplier based on a paper‑based prescription (excluding a medication chart prescription) written as the result of a telehealth attendance or phone attendance provided on or after 20 March 2020 to which an item in a Fee Schedule (a document incorporated as in force from time to time for the purposes of the Treatment Principles) applies.

(10) The special arrangement referred to in paragraph (1)(a) has effect as if subsection 9(4) of the instrument is omitted.

(11) The special arrangement referred to in paragraph (1)(a) has effect as if subsection 10(4) of the instrument is replaced with the following:

(4) If the prescription is or would be an authority prescription, the supplier may supply the Pharmaceutical benefit under this section only if prior approval has been obtained.

16AA  Supply of pharmaceutical benefit on basis of medication chart prescription

 (1) A Pharmaceutical benefit may only be supplied on the basis of a medication chart prescription by:

 (a) if the person in respect of whom the Pharmaceutical benefit is to be supplied is receiving treatment in or at a residential care service – a Community Pharmacist; or

 (b) if the person in respect of whom the Pharmaceutical benefit is to be supplied is receiving treatment in or at an approved hospital—a Community Pharmacist or the Approved Hospital Authority.

 (2) A Community Pharmacist may supply a Pharmaceutical benefit on the basis of a medication chart prescription only if:

 (a) the Community Pharmacist has seen:

 (i) the medication chart by which the prescription was written; or

 (ii) a copy of so much of the chart as would indicate that subsections 11B(3) and (4) (if applicable) have been complied with; and

 (b) the date on which the Pharmaceutical benefit is supplied is:

 (i) during the period of validity of the medication chart; and

 (ii) no later than the stop date (if any) indicated in the prescription; and

 (c) the Community Pharmacist writes on the medication chart or the copy of the chart, the following for the supply:

 (i)  the Community Pharmacist’s name and any approval number under section 16 of the National Health (Pharmaceutical Benefits) Regulations 2017;

 (ii) an identification number for the supply;

 (iii) the date on which the Pharmaceutical benefit is supplied.

 (3) For paragraph (2)(b), the period of validity of a medication chart for a person receiving treatment in or at a residential care service:

 (a) starts on the day in a calendar month (the first calendar month) when the first prescription for a Pharmaceutical benefit is written in the medication chart; and

 (b) ends on the last day of the third calendar month that starts after the first calendar month.

Example: The first prescription is written in a medication chart on 11 June. The period of validity of the medication chart starts on 11 June and ends on 30 September.

Note: calendar month is defined in section 2B of the Acts Interpretation Act 1901.

 (3A) For paragraph (2)(b), the period of validity of a medication chart for a person receiving treatment in or at a hospital:

 (a) starts on the day when the first prescription for a Pharmaceutical benefit is written in the chart; and

 (b) ends at the end of the day specified in the chart as the day on which the chart’s period of validity ends (see paragraph 11B(3)(f)).

 (4) A Community Pharmacist may supply up to a maximum quantity of a Pharmaceutical item or Pharmaceutical benefit more than once on the basis of a particular medication chart prescription for the Pharmaceutical benefit only if:

 (a) the prescription indicates that an ongoing supply of the Pharmaceutical benefit is authorised for the period of validity of the chart; or

 (b) the prescription indicates a stop date for the supply of the Pharmaceutical benefit and, based on the dose and frequency of administration of the Pharmaceutical benefit indicated in the prescription, more than one supply of a maximum quantity of the Pharmaceutical item or Pharmaceutical benefit is needed before the stop date is reached.

Note: See paragraph 85A(2)(a) of the National Health Act 1953, the PBS Schedule, and the RPBS Schedule, in relation to maximum quantities of pharmaceutical items or pharmaceutical benefits.

 (5) If paragraphs (4)(a) and (b) do not apply, a Community Pharmacist may only supply the quantity of the Pharmaceutical benefit needed to give effect to the prescription, up to a maximum quantity of the pharmaceutical item or Pharmaceutical benefit.

Note: The following information entered in the prescription may also indicate the quantity of the Pharmaceutical benefit that is needed:

(a) the dose and frequency of administration of the Pharmaceutical benefit;

(b) the date of prescribing, or the start date (if any) for administration of the Pharmaceutical benefit;

(c) the stop date (if any) for administration of the Pharmaceutical benefit.

 (6) However, for a supply:

 (a) on the basis of a prescription mentioned in paragraph (4)(a); or

 (b) mentioned in paragraph (5);

  a Community Pharmacist may supply up to a maximum quantity of the pharmaceutical item or Pharmaceutical benefit even if the period of validity of the medication chart will end before administration of that quantity in accordance with the prescription would finish.

Continued Dispensing

16A  When Pharmaceutical benefits may be supplied by Community Pharmacists without prescription

Pharmaceutical benefits covered by PBS and National Health Act section 89A instruments

 (1) A Community Pharmacist may, at or from premises in respect of which the pharmacist is for the time being approved under the National Health Act 1953, supply a Pharmaceutical benefit to an Eligible Person without a prescription for that supply if:

 (a) the Pharmaceutical benefit is covered by the Scheme and an instrument in force under subsection 89A(3) of the National Health Act 1953; and

 (b) the supply is made in accordance with the conditions specified in the instrument:

 (i) as if the supply under the Scheme is a supply covered by the instrument; and

 (ii) as the instrument has effect under subsection (1B) of this section; and

   (c)  the supply otherwise conforms to this section.

Certain Pharmaceutical benefits not covered by PBS

 (1A) A Community Pharmacist may, at or from premises in respect of which the pharmacist is for the time being approved under the National Health Act 1953, supply a Pharmaceutical benefit to an Eligible Person without a prescription for that supply if:

 (a) the Pharmaceutical benefit is specified in the table in Schedule 2; and

 (b) the supply is made in accordance with the conditions specified in the National Health (Continued Dispensing – Emergency Measure) Determination 2025 (No.3):

 (i) as if the supply under the Scheme is a supply covered by that instrument; and

 (ii) as that instrument has effect under subsection (1B) of this section; and

 (iii) to the extent that those conditions are applicable to the supply; and

 (c) the supply otherwise conforms to this section.

Modified effect of National Health Act section 89A instruments

 (1B) For the purposes of subparagraphs (1)(b)(ii) and (1A)(b)(ii) of this section, an instrument in force under subsection 89A(3) of the National Health Act 1953 has effect in accordance with the following table.

• Modified effect of National Health Act section 89A instruments
• Item Column 1The instrument has effect as if a reference to … Column 2were a reference to …
• 1 a PBS prescriber a person who prescribes a Pharmaceutical benefit under the Scheme
• 2 a pharmaceutical benefit a Pharmaceutical benefit
• 3 a pharmaceutical item a Pharmaceutical benefit
• 4 an approved pharmacist a Community Pharmacist
• 5 paragraph 85A(2)(a) of the Act the Scheme
• 6 paragraph 89A(3)(a) of the Act the Scheme
• 7 Part VII of the Act the Scheme
• 8 subsection 89A(1) of the Act the Scheme
• 9 a statement that particular conditions are satisfied a statement that particular conditions, as they have effect under this subsection, are satisfied

Other matters

 (2) If a Community Pharmacist makes a supply in accordance with subsection (1) or (1A), then this Scheme applies in relation to the supply as if the Eligible Person had presented the pharmacist with a prescription that had been written in accordance with this Scheme.

 (3) The supply of a Pharmaceutical benefit in accordance with this section is a continued dispensing supply.

 (4)  A Community Pharmacist must not supply a Pharmaceutical benefit under this section unless the pharmacist writes on the repeat authorisation form for the supply:

 (a) the pharmacist’s name and approval number under section 16 of the National Health (Pharmaceutical Benefits) Regulations 2017; and

 (b) an identification number for the supply; and

 (c) the date on which the Pharmaceutical benefit is supplied by the pharmacist.

Note: a failure to observe these requirements means the supply is not a continued dispensing supply.

 (5) For a continued dispensing supply a Community Pharmacist or Approved Medical Practitioner must collect the following information at the time of supply:

 (a) information about whether the patient is, at the time of the supply:

 (i) a concessional beneficiary or a dependant of a concessional beneficiary; or

 (ii) the holder of a concession card or entitlement card;

 (b) for a person mentioned in subparagraph (a)(i)—the number specified on a card, issued by the Commonwealth, as an entitlement number (however described) in relation to the person;

 (c) for a person mentioned in subparagraph (a)(ii)—the number of the concession card or entitlement card.

 (6) The Community Pharmacist or Approved Medical Practitioner must include the information collected under subsection (5) in the claim for a payment from the Commonwealth in relation to the supply using the Claims Transmission System, within the meaning given by subsection 99AAA(1) of the National Health Act 1953.

Note: a failure to observe these requirements means the supply is not a continued dispensing supply.

 (7) For the supply of a Pharmaceutical benefit by a Community Pharmacist on the basis of a previous prescription from a PBS prescriber or RPBS prescriber, if the PBS prescriber or RPBS prescriber directed in the prescription the supply on one occasion of a quantity or number of units of the Pharmaceutical benefit allowable under subsection 88(6) of the National Health Act 1953, instead of directing a repeated supply, the direction does not apply for the purposes of the continued dispensing supply.

 (8) If, for a continued dispensing supply, a Pharmaceutical benefit is supplied a number of times greater than the number specified in the prescription, then subject to subsection 51(2) of the National Health (Pharmaceutical Benefits) Regulations 2017 (the regulations), subregulation (3) or (4) of those regulations applies as if:

 (a) the person had presented the supplier with a prescription that:

 (i) had been written by a PBS prescriber or RPBS prescriber in accordance with the National Health Act 1953, the regulations and the Scheme; and

 (ii) did not include a medicare number; and

 (iii) did not direct a repeated supply of a Pharmaceutical benefit; and

 (b) subparagraphs (3)(b)(ii) and (c)(ii) or (4)(b)(ii) and (c)(ii), of the regulations, were omitted, and the words ‘immediate supply necessary’ were required to be written on the repeat authorisation form for the supply; and

 (c) subparagraphs (3)(b)(iii) and (c)(iii) or (4)(b)(iii) and (c)(iii), of the regulations, were omitted, and the supplier were required to sign the repeat authorisation form mentioned in paragraph (b).

 (9) A Community Pharmacist must use a repeat authorisation form for the purposes of making a claim for a payment from the Commonwealth under section 99AAA of the Act in relation to a continued dispensing supply, however, the pharmacist must not use the form for authorising a repeated supply of the pharmaceutical benefit under this section.

 (10) For a continued dispensing supply a Community Pharmacist is to obtain, from the person receiving the Pharmaceutical benefit (whether or not for the person’s own use), a written acknowledgement that the person has received the benefits but if it is not practicable for the pharmacist to obtain, from the person a written acknowledgement, the pharmacist must write on the repeat authorisation form for the supply:

 (a) the date on which the Pharmaceutical benefit were supplied by the pharmacist; and

 (b) the reason why it was not practicable for the pharmacist to obtain the written acknowledgement.

16AB  Information about status of person—continued dispensing and medication chart prescriptions

 (1) This section applies in relation to:

 (a) the supply of a Pharmaceutical benefit to a person (the patient) by a Community Pharmacist (the supplier) under subsection 16A (continued dispensing); and

 (b) the supply of a Pharmaceutical benefit by a Community Pharmacist, on the basis of a medication chart prescription written for a person (the patient);

 (2) The supplier must collect the following information at the time of supply:

 (a) information about whether the patient is, at the time of the supply:

 (i) a concessional beneficiary or a dependant of a concessional beneficiary; or

 (ii) the holder of a concession card or entitlement card;

 (b) for a person mentioned in subparagraph (a)(i)—the number specified on a card, issued by the Commonwealth, as an entitlement number (however described) in relation to the person;

 (c) for a person mentioned in subparagraph (a)(ii)—the number of the concession card or entitlement card.

 (3) The supplier must include the information collected under subsection (2) in the claim for a payment from the Commonwealth in relation to the supply using the Claims Transmission System, within the meaning given by subsection 99AAA(1) of the National Health Act 1953.

17  Substitution of lesser priced alternative brand of drug

  Where a valid prescription, issued by a Medical Practitioner, Authorised Nurse Practitioner or Authorised Midwife, prescribes a brand of drug listed on the PBS or RPBS Schedule, a Community Pharmacist may substitute, with the approval of the prescriber, a lesser priced alternative PBS or RPBS listed brand of the drug in lieu of the brand prescribed and shall endorse the original, duplicate and repeat authorisation accordingly.

Note: an RPBS prescriber who is an Authorised Midwife or an Authorised Nurse Practitioner may only prescribe a Pharmaceutical benefit listed on the PBS and a prescription by an Authorised Midwife or an Authorised Nurse Practitioner for a Pharmaceutical benefit that is not available on the PBS is not recognised under the Scheme, even if the Pharmaceutical benefit is available under the Scheme on the prescription of, say, an Approved Medical Practitioner.

18  Community Pharmacist to be satisfied as to entitlement

 (a) A Community Pharmacist shall not supply a Pharmaceutical benefit to a person on terms that are appropriate for the supply of a Pharmaceutical benefit to a holder of a Repatriation Health Card ‑ For All Conditions, a Repatriation Health Card ‑ For Specific Conditions or a Repatriation Pharmaceutical Benefits Card, unless the Community Pharmacist is satisfied that the person is entitled to receive the Pharmaceutical benefit on those terms.

 (b) Without limiting the generality of subparagraph (a), a Community Pharmacist may refuse to supply a Pharmaceutical benefit to a person on terms that are appropriate for the supply of the Pharmaceutical benefit to a holder of a Repatriation Health Card ‑ For All Conditions , a Repatriation Health Card ‑ For Specific Conditions or a Repatriation Pharmaceutical Benefits Card, unless the person produces such a card to the Community Pharmacist that indicates that the person is entitled to receive the Pharmaceutical benefit on those terms.

19  Dispensing of deleted items

  Prescriptions, including repeat authorisations, for items deleted from the RPBS Schedule or PBS Schedule may not be dispensed as Pharmaceutical benefits as from the date of effect of deletion, unless the prescriptions for the items comply with Prior Approval arrangements under this Part.

20  Use of forms as notified by the Department or the Commission

  When supplying a Pharmaceutical benefit under this Scheme a Community Pharmacist will use and issue such forms, as are notified by the Department or the Commission from time to time, in the manner notified by the Department or the Commission.

21  Financial responsibility

 (1) In respect of each Pharmaceutical benefit provided to an Eligible Person under this Scheme, the Commission will accept financial responsibility for:

 (a) subject to (b) all of the dispensed price but the co‑payment that would be payable by the person if the person were a concessional beneficiary; or

Note 1: (a) deems the person to be a concessional beneficiary for the purposes of working out the co‑payment.

Note 2: co‑payments not covered by the pension supplement amount, veterans supplement or MRCA supplement or war widow/war widower pension may be reimbursed under Part 5A up to the safety net amount for a person.

 (b) if the safety net applies to the person, all of the dispensed price.

21A  Dispensed Price for RPBS Schedule Pharmaceutical benefits

 (1) The Commission is to decide the dispensed price for Pharmaceutical benefits included in the RPBS Schedule and the Department is to notify a dispensed price decided by the Commission.

Note (1): in practice a delegate of the Commission could decide the dispensed price.

Note (3): sections 4 and 5 explain the process of notification for the purposes of the Scheme.

 (2) The dispensed price in (1) is to be comprised of:

 (a) the ex manufacturer price – being the price the Commission and the responsible person for the brand of the Pharmaceutical benefit have agreed, by reference to the quantity of the Pharmaceutical benefit, is to be the price at which the manufacturer sells the Pharmaceutical benefit in the context of the Scheme (approved ex manufacturer price); and

Note: in practice a delegate of the Commission could enter into the agreement.

 (b) the following amounts worked out as if the Pharmaceutical benefit is included in the PBS and the amount worked out under the PBS and the Eighth Community Pharmacy Agreement except that the approved ex manufacturer price is ascertained under the Scheme:

 (i) the wholesale mark‑up – being the mark‑up on the approved ex manufacturer price of a ready‑prepared Pharmaceutical benefit (approved wholesale price);

 (ii) the administration, handling and infrastructure fee;

Note: previously this fee was known as the pharmacy mark‑up.

 (iii) the dispensing fee (for a ready‑prepared Pharmaceutical benefit or a extemporaneously‑prepared Pharmaceutical benefit (as the case may be));

 (iv) any dangerous drug fee (for a ready‑prepared Pharmaceutical benefit).

Note: see clause 3 (Commonwealth Price) of the Eighth Community Pharmacy Agreement for the amounts mentioned above.

22  Refund in certain circumstances

 (1) Where:

 (a) a Community Pharmacist charges an Eligible Person an amount in respect of the provision of a Pharmaceutical benefit; and

 (b) information indicating the person’s eligibility under this Scheme was not supplied to the Community Pharmacist; and

 (c) the Commission is satisfied that, in the circumstances, the person should be treated as if the relevant information had been supplied,

  the person is entitled to be paid by the Commonwealth an amount equal to any amount that the person paid that would not have been payable if the relevant information had been supplied.

23  Expenses incurred in obtaining Pharmaceutical Benefits while not in receipt of a pharmaceutical allowance

 (1) Where a person would have been eligible to receive a pharmaceutical allowance under paragraph 118A(1)(c) of the Veterans’ Entitlements Act 1986 during a period, but the Department:

 (a) did not have the information needed to enable the Commission to make payment of the pharmaceutical allowance; and

 (b) has obtained that information since that period and after 30 June 1992; and

  the person:

 (c) was not in receipt of that allowance during that period; and

 (d) has incurred expenses in obtaining Pharmaceutical benefits during that period which could be obtained under this Scheme; and

 (e) has provided material which satisfies the Commission that the person has incurred those expenses,

  the Commission may reimburse the person for any or all of those expenses.  The maximum amount which may be reimbursed is the amount that the person would have been entitled to receive by way of pharmaceutical allowance during that period had the Department had the information needed to enable the Commission to make payment of the allowance.

Part 4—Claims by Community Pharmacists

24  Lodgement of Claims by Community Pharmacists

  Claims by Community Pharmacists under this Part shall be made in accordance with section 99AAA of the National Health Act 1953 as though references in that section, and in the rules made under that section which relate to the supply of and payment for Pharmaceutical benefits under that Act and its Regulations, were references to the supply of, and payment for, Pharmaceutical benefits, except that:

 (a) prescriptions for the supply of Pharmaceutical benefits under this Part shall be marked in the S section or S sections (as defined in those rules) with one or more serial numbers allotted in respect of each Pharmaceutical benefit commencing at “R1” in each claim and continuing consecutively in respect of that claim;

 (b) these prescriptions shall be collected into one bundle, separate to the four bundles provided for in those rules, with the prescriptions sorted into the order of the serial numbers allocated under subparagraph (a), with the least serial number at the top of the bundle; and

 (c) the information to be provided to the Secretary to the Department that administers the National Health Act 1953, in respect of each supply of a Pharmaceutical benefit shall include a Form Category (within the meaning of the schedule to those rules) with a value of “8” where the Pharmaceutical benefit was supplied on an original authority prescription or “9” where the Pharmaceutical benefit was supplied on a repeat authority prescription, and a Payment Category (within the meaning of that schedule) with a value of “4”.

Note (1): this provision incorporates into the Scheme, among other relevant “National Health Act 1953 requirements” (particularly the requirements in the claims rules made under subsections 98AC(4) and 99AAA(8) of the National Health Act 1953), the requirement for a claimant to include a “supply certification form” with a claim (manual and electronic).

Note (2): if a claim is made electronically, the supply certification form is to be given electronically (claims rules).

Note (3): for electronic claims, prescriptions need not be provided (claims rules).

25  Claims Requirements and Payment

 (1) The payment of a claim under the Scheme is subject to:

 (a) compliance with the Scheme, in particular section 24; and

 (b) submission of a completed supply certification form under the claims rules.

Part 5—Payments to Community Pharmacists

26  Payment of Dispensed Price

  The amount payable to a Community Pharmacist for the supply of a Pharmaceutical benefit under the Scheme is the dispensed price.

Note: the dispensed price includes a dispensing fee.

30  Fees not payable in some circumstances

  The dispensed price may not be payable to a Community Pharmacist where that person does not satisfy the requirements of paragraph 18 and supplies Pharmaceutical benefits to a person who is not an Eligible Person.

31  Community Pharmacist not entitled to demand or receive payments

  A Community Pharmacist is not entitled to demand of, or receive from, a person in receipt of a Pharmaceutical benefit, payment in money or a valuable consideration for goods and services rendered under this Scheme except:

 (a) for goods or services that are provided in an emergency; or

 (b) for payment of an after‑hours fee; or

 (c) for payment for packaging material, postage or freight; or

 (d) for payment that represents the required payment under the PBS of the price difference between the drug prescribed and supplied and the lowest priced brand of the same drug listed on the PBS Schedule; or

 (e) where payment represents the difference between the Commonwealth’s financial responsibility for the provision of the Pharmaceutical benefit and the dispensed price of the Pharmaceutical benefit supplied.

32  Community Pharmacist to issue receipt where certain payments received

  Where a payment is received, under any of subparagraphs 31(a), (b), (c) or (d), from a person in receipt of a Pharmaceutical benefit, the Community Pharmacist is required to issue that person an official receipt which states:

 (a) the goods and/or services provided; and

 (b) the date of receipt of those goods and/or services by the person.

32A  Additional community supply support payment

 (1) In this section:

increased maximum quantity, of a Pharmaceutical benefit, means the maximum quantity or number of units of the benefit, or of a pharmaceutical item in the benefit, that may, in 1 prescription, be directed to be supplied on any 1 occasion, for a relevant purpose, under and in accordance with this Scheme or the Treatment Principles, part 5.7.

increased maximum quantity prescription means a prescription directing the supply, on any 1 occasion, of the increased maximum quantity of a Pharmaceutical benefit.

NHA means the National Health Act 1953.

NHA instrument means the instrument made under paragraph 98B(1)(b) of the NHA.

relevant purpose, for a Pharmaceutical benefit, means a purpose, mentioned in the PBS Schedule or RPBS Schedule in relation to the benefit, that includes the phrase “The condition must be stable for the prescriber to consider the listed maximum quantity of this medicine suitable for this patient”.

Schedule equivalent—a Pharmaceutical benefit is Schedule equivalent to another Pharmaceutical benefit if the PBS Schedule or RPBS Schedule states that the benefits are equivalent.

 (2) The Commission is to pay an amount of money (an ACSS payment) to a Community Pharmacist for each supply by the pharmacist of a Pharmaceutical benefit:

 (a) on or after 1 April 2024; and

 (b) under, and in accordance with, this Scheme or the Treatment Principles, part 5.7.

unless the supply is a supply mentioned in paragraph 5(a), (b), (c), (d), (e) or (f) of the NHA instrument.

 (3) If an ACSS payment is payable for a supply, the amount of the payment is:

 (a) if subsection (4) or (5) applies to the supply—the amount mentioned in paragraph 6(1)(b) of the NHA instrument; or

 (b) in any other case—the amount mentioned in paragraph 6(1)(a) of the NHA instrument.

 (4) This subsection applies to a supply of a Pharmaceutical benefit to an Eligible Person for which an ACSS payment is payable if:

 (a) the supply is made upon an increased maximum quantity prescription directing the supply of:

 (i) the benefit; or

 (ii) another Pharmaceutical benefit that is Schedule equivalent to the benefit; and

 (b) the supply is of the increased maximum quantity of the benefit.

 (5) This subsection applies to a supply of a Pharmaceutical benefit to an Eligible Person for which an ACSS payment is payable if:

 (a) the supply is made in accordance with section 16A; and

 (b) the immediately preceding supply to the person of the benefit, or of another Pharmaceutical benefit that is Schedule equivalent to the benefit, was made upon an increased maximum quantity prescription directing the supply of:

 (i) the benefit; or

 (ii) another Pharmaceutical benefit that is Schedule equivalent to the benefit; and

 (c) both the supplies mentioned in paragraphs (a) and (b) are of the increased maximum quantity of the relevant Pharmaceutical benefit.

Part 5A—Pharmaceutical Reimbursement

Definitions: 

  In this Part:

member means a person eligible under the MRCA Pharmaceutical Benefits Scheme for the payment known as the “pharmaceutical reimbursement”.

veteran means an Eligible Person eligible for payment of a pharmaceutical reimbursement.

  The Commission may, subject to this Part, accept financial responsibility for the pharmaceutical reimbursement.

Note: if the Commission accepts financial responsibility for a cost in relation to the provision of a Pharmaceutical benefit to an Eligible Person, the Commonwealth pays that cost.

  The pharmaceutical reimbursement is a financial amount that would compensate an Eligible Person for out‑of‑pocket expenses:

 (a) that the person incurred in respect of a Pharmaceutical benefit provided under this Scheme; or

 (b) that the person incurred in respect of a Pharmaceutical benefit provided other than under this Scheme but provided on or from a date when the Commission accepted liability to provide treatment to the person under the Act.

Note 1: under the Acts Interpretation Act 1901 words in the singular number (e.g. Pharmaceutical benefit) include the plural and words in the plural number include the singular.

Note 2: paragraph (b) covers what are known as “MEPIs” (Medical Expenses Privately Incurred).  Under the Act eligibility for treatment can be backdated for 3 months before a claim for pension is received and treatment costs incurred in that period e.g. co‑payments for Pharmaceutical benefits, may be met by the Department.

  The amount of pharmaceutical reimbursement is worked out under 39.

36  Eligibility for Payment of Pharmaceutical Reimbursement

 (1) To be eligible for payment of the pharmaceutical reimbursement an Eligible Person must:

 (a) have rendered qualifying service; and

 (b) suffer from an accepted disability; and

 (c) receive pension under Part II or Part IV of the Act in  respect of the accepted disability.

 (2) For the purposes of (1)(c), a person is taken to receive pension under Part II or Part IV of the Act if, apart from section 25A, Division 5A of Part II and section 74 of the Act, the person would receive a rate of pension greater than nil.

37  Calculation of annual value of pharmaceutical allowance component of Pension Supplement, Veterans Supplement, MRCA supplement

  The annual value of the pharmaceutical allowance component is calculated as follows:

 (a) for a veteran in receipt of veterans supplement or MRCA supplement at different times throughout the year, the amount of $6 per fortnight, indexed according to section 198F of the Act:

 (i)  as if the amount of $6 is the dollar amount in subsection 198F(1);

 (ii)  since September 2009 (i.e. once annually since 1 January 2010), calculated at a daily rate and valued according to the number of days in the calendar year veterans supplement or MRCA supplement was payable;

 (b) subject to (c), for a veteran in receipt of an income support payment or an income support payment under the Social Security Act 1991 that, respectively, attracts pension supplement, or social security pension supplement greater than the basic amount of pension supplement, the amount of $6 per fortnight, indexed according to Division 18 of Part IIIB of the Act:

 (i) as if the amount of $6 is an amount of PS rate (pension supplement rate) in Item 1A of the CPI Indexation Table in section 59B;

 (ii) since September 2009 (i.e. each 20 March and 20 September commencing 20 March 2010), calculated at a daily rate and valued according to the number of days in the calendar year pension supplement was payable;

 Note: this provision could also apply to a veteran who is a member of a couple.

 (c) for a veteran in receipt of pension supplement who is a member of a couple:

 (i) if the veteran's partner does not receive an income support payment that attracts pension supplement or an income support payment under the Social Security Act 1991 that attracts social security pension supplement greater than the basic amount of pension supplement—50% of the amount in (b); or

 (ii) if the veteran and partner are an illness separated couple—the amount in (b); or

 (iii) if the veteran and partner are not an illness separated couple but the veteran's partner is a veteran or a member—50% of the amount in (b);

 (d) for a veteran who is a war widow/war widower—pensioner, the amount of $6 per fortnight, indexed according to Division 18 of Part IIIB of the Act:

 (i) as if the amount of $6 is an amount of PS rate (pension supplement rate) in Item 1A of the CPI Indexation Table in section 59B;

 (ii) since September 2009 (i.e. each 20 March and 20 September commencing 20 March 2010), calculated at a daily rate and valued according to the number of days in the calendar year the person was a war widow/war‑widower—pensioner.

Note: a pharmaceutical allowance component calculated under (d) may be in addition to a pharmaceutical allowance component calculated under (b) or (c) and the sum of all the pharmaceutical allowance components could reduce the amount of the pharmaceutical reimbursement.

Note: the following terms are defined in the Act:

member of a couple‑5E(2).

partner–5E(1).

war widow/war‑widower—pensioner–5Q(1).

38  Payment of Pharmaceutical Reimbursement

 (1) On and after 1 January 2013 the pharmaceutical reimbursement is payable to a person eligible for it under this Part.

 (2) Subject to (3), the pharmaceutical reimbursement is payable in the first quarter in each calendar year in respect of co‑payments the person made for a Pharmaceutical benefit under this Scheme in the previous calendar year – not being a calendar year before 1 January 2012.

Note: calendar year is defined in section 2B of the Acts Interpretation Act 1901.

 (3) The pharmaceutical reimbursement is not payable for a person in the first quarter in a calendar year as mentioned in (2) if the data necessary to calculate the payment for the person is not available to the Department in which case the pharmaceutical reimbursement is payable to the person as soon as practicable after the data is available.

38A  Five Year Limit on Payment of Pharmaceutical Reimbursement

 (1) Unless the Commission is of the opinion that there are special circumstances, a pharmaceutical reimbursement shall not be paid in respect of co‑payments incurred by a person more than 5 calendar years before the Commission decision to accept financial responsibility for the pharmaceutical reimbursement for the person.

 (2) If the Commission decides there are special circumstances in relation to a person, then it is to determine a date on and from which co‑payments are to be counted for the pharmaceutical reimbursement for the person.

39  Pharmaceutical Reimbursement Calculator

 (1) The pharmaceutical reimbursement for an Eligible Person is worked out as follows:

  Step 1 add the co‑payments for the Pharmaceutical benefits incurred by the person in the previous calendar year (sum of co‑payments) up to the threshold of payments according to the safety net and disregarding any uncounted co‑payment.

  Step 2 compare the sum of co‑payments with the sum of the pharmaceutical allowance component of the veterans supplement, MRCA supplement, pension supplement and war widow/war widower pension payable to the person in respect of the previous calendar year.

  Step 3 if the sum of co‑payments (amount 1) exceeds the sum of the pharmaceutical allowance component of the veterans supplement, MRCA supplement, pension supplement and war widow/war widower pension payable (amount 2), the amount by which amount 1 exceeds amount 2 is the pharmaceutical reimbursement for the person.

Note: the amount of any of these payments may be zero.

40  Uncounted Co‑Payment

 (1) For the Pharmaceutical Reimbursement Calculator an uncounted co‑payment is a co‑payment for a Pharmaceutical benefit where the co‑payment is not counted for the purposes of the safety net applying to the person.

Note: included here are co‑payments for Pharmaceutical benefits dispensed under the “Safety Net 20 Day Rule” (subsection 84C(4AA)) of the National Health Act 1953.

Part 5B—Under Co‑payment Data Collection

40A  Giving information

 (1) A Community Pharmacist who gives information to the Secretary in relation to the supply, under the Scheme, of a Pharmaceutical benefit by the pharmacist to an Eligible Person, is taken to have given that information under, and for the purposes of, the Scheme, provided that:

 (a) no claim for payment is made by the Community Pharmacist on the Commission or Department for dispensing the Pharmaceutical benefit; and

 (b) the dispensing price of the pharmaceutical benefit is less than, or equal to, the co‑payment that would have been paid by the Eligible Person for the pharmaceutical benefit if it had been dispensed at a price for which a co‑payment is payable; and

 (c) the information is given in accordance with the requirements, to the extent applicable, that apply under section 98AC of the National Health Act 1953 to an approved supplier giving information to the Secretary in relation to the supply to a person of a pharmaceutical benefit, as if references in section 98AC to an approved supplier and a pharmaceutical benefit are references to, respectively, a Community Pharmacist and a Pharmaceutical benefit and the pharmaceutical benefit has been supplied under the Scheme.

Note: a Community Pharmacist includes an Approved Hospital Authority.

Part 6—Miscellaneous

41  Standards

 The minimum acceptable standard for a Pharmaceutical benefit is that described in the regulations under the Therapeutic Goods Act 1989 which relate to specific standards for drugs.

45  Keeping documents‑other than for continued dispensing or medication chart prescriptions

 (1)  If a Community Pharmacist supplies a Pharmaceutical benefit, other than a Pharmaceutical benefit that is:

 (a) a dangerous drug (defined below); or

 (b) supplied under section 16A (continued dispensing); or

 (c) supplied on the basis of a medication chart prescription;

  the Community Pharmacist must keep a document specified in subsection (2) that relates to the supply for at least 2 years after the supply.

 (2) For subsection (1), the following documents are specified:

 (a) in the case of supply upon a prescription not bearing instructions to supply the Pharmaceutical benefit more than once:

 (i) for a paper‑based prescription—the pharmacist/patient copy and the Medicare Australia/DVA copy; or

 (ii) for an electronic prescription—the electronic prescription, or a copy of the electronic prescription;

 (ab) in the case of supply upon a prescription bearing instructions to supply the Pharmaceutical benefit more than once, if it is supplied on the first occasion on which supply is authorised:

 (i) for a paper‑based prescription—the Medicare Australia/DVA copy ; or

 (ii) for an electronic prescription—the electronic prescription, or a copy of the electronic prescription and the repeat authorisation;

 (ac) in the case of supply upon a prescription bearing instructions to supply the Pharmaceutical benefit more than once, if it is supplied other than on the first or last occasion on which supply is authorised:

 (i) for a paper‑based prescription—the repeat authorisation for the most recent previous supply; or

 (ii) for an electronic prescription—the electronic prescription, or a copy of the electronic prescription and the repeat authorisation for the most recent previous supply;

 (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:

 (i) for a paper‑based prescription—the pharmacist/patient copy and the repeat authorisation for the most recent previous supply; or

 (ii) for an electronic prescription—the electronic prescription, or a copy of the electronic prescription and the repeat authorisation for the most recent previous supply;

Note:  The document may be kept in an electronic form (see subsection 12(2) of the   Electronic Transactions Act 1999).

 (3) In this section:

dangerous drug means a drug or medicinal preparation in respect of which the law of the State or Territory in which the prescription is written provides that a pharmacist who dispenses that drug or medicinal preparation, or who dispenses it on the last of a number of occasions of supply indicated in a prescription for its supply, must take possession of the prescription and cancel it or deliver it to the authority administering that law.

45A  Keeping documents—continued dispensing

 (1) If a Community Pharmacist supplies a Pharmaceutical benefit to a person under section 16A (continued dispensing), the pharmacist is to keep the following information for at least 2 years from the date on which the Pharmaceutical benefit was supplied by the Community Pharmacist:

 (a) the information that supports the claim for payment made under section 24 (in effect, under section 99AAA of the National Health Act 1953) in relation to the supply of the Pharmaceutical benefit including the repeat authorisation form;

 (b) the information, about the supply of the Pharmaceutical benefit, that is given to the RPBS prescriber who most recently prescribed the Pharmaceutical benefit to the person.

Note:  The document may be kept in an electronic form (see subsection 12(2) of the Electronic Transactions Act 1999).

45B  Keeping documents—medication chart prescriptions

(1) If a Community Pharmacist supplies a Pharmaceutical benefit on the basis of a medication chart prescription, the pharmacist is to keep the medication chart, or a copy of the medication chart on which the Community Pharmacist wrote the details mentioned in paragraph 16AA(2)(c) in relation to the prescription, for at least 2 years from the date of supply.

Note:  The document may be kept in an electronic form (see subsection 12(2) of the Electronic Transactions Act 1999).

46  Agreement with the Pharmacy Guild of Australia

  The Commission may enter into agreements concerning the administration of this Part with The Pharmacy Guild of Australia and, subject to this Part, shall abide by such agreements.

47  Transitional provision relating to the Veterans’ Affairs Pharmaceutical Benefits Schemes (Electronic Prescriptions and Active Ingredient Prescribing) Amendment Instrument 2019

 (1) This section applies in relation to a prescription for the supply of a Pharmaceutical benefit that is written before 1 February 2021.

 (2) Despite the amendments of section 11A of the Repatriation Pharmaceutical Benefits Scheme made by Part 2 of Schedule 1 to the Veterans’ Affairs Pharmaceutical Benefits Schemes (Electronic Prescriptions and Active Ingredient Prescribing) Amendment Instrument 2019, a prescription that is not a medication chart prescription is taken to have been written in accordance with section 11A if the prescription is written in accordance with that section as in force immediately before 31 October 2019.

 (3) Despite the amendments of section 11B of the Repatriation Pharmaceutical Benefits Scheme made by Part 2 of Schedule 1 to the Veterans’ Affairs Pharmaceutical Benefits Schemes (Electronic Prescriptions and Active Ingredient Prescribing) Amendment Instrument 2019, a prescription that is a medication chart prescription is taken to have been written in accordance with section 11B if the prescription is written in accordance with that section as in force immediately before 31 October 2019.

SCHEDULE 1 — INCORPORATED DOCUMENTS

The following documents are incorporated by reference into the Scheme in the form in which they exist from time to time:

         Eighth Community Pharmacy Agreement

 https://www.health.gov.au/resources/publications/eighth‑community‑pharmacy‑agreement

         Explanatory Notes

 http://www.pbs.gov.au/info/healthpro/explanatory‑notes

         RPBS Explanatory Notes

 https://www.pbs.gov.au/info/browse/rpbs/rpbs‑explanatorynotes

         PBS or Pharmaceutical Benefits Scheme

 http://www.pbs.gov.au/browse/publications

         RPBS Schedule

 http://www.pbs.gov.au/browse/rpbs

   Note: “RPBS Schedule” is defined to mean the Repatriation Schedule of

   Pharmaceutical Benefits which is further defined.

Schedule 2—Pharmaceutical benefits not covered by PBS—continued dispensing

Note: See paragraph 16A(1A)(a).

• Pharmaceutical benefits not covered by the PBS—continued dispensing
• Column 1Sequence Column 2RPBS item code Column 3Name Column 4Form
• 1 1905G Dressing-alginate (cavity wound) Rope 2 g
• 2 2191H Risedronic acid Tablet (enteric coated) containing risedronate sodium 35 mg
• 3 2194L Alendronic acid with colecalciferol Tablet 70 mg (as alendronate sodium) with 70 micrograms colecalciferol
• 4 2224C Alendronic acid with colecalciferol Tablet 70 mg (as alendronate sodium) with 140 micrograms colecalciferol
• 5 2439J Dressing-foam with silver and silicone Dressings 10 cm x 10 cm, 5
• 6 2445Q Dressing-gelling fibre Dressings, non-woven, gelling fibre 15 cm x 15 cm, 5
• 7 2462N Dressing-gelling fibre Dressings, non-woven, gelling fibre 2 cm x 45 cm rope, 5
• 8 2470B Dressing-foam with silver and silicone Dressings, border, 10 cm x 10 cm, 5
• 9 2471C Dressing-hydrogel Dressing 10 cm x 10 cm
• 10 2486W Dressing-gelling fibre Dressings, non-woven, gelling fibre 10 cm x 10 cm, 10
• 11 2512F Dressing-antimicrobial-ribbon Dressing 1 cm x 50 cm
• 12 2525X Wound irrigation solution Solution containing betaine 0.1% with polihexanide 0.1%, 40 mL ampoule, 6
• 13 2529D Dressing-antimicrobial-ribbon Dressing 5 cm x 200 cm
• 14 2533H Dressing-antimicrobial-foam Dressing 10 cm x 10 cm
• 15 2797F Dressing-hydrofibre (alternate to alginates) Dressings 10 cm x 10 cm, 10
• 16 2803M Dressing-hydrofibre (alternate to alginates) Dressings 15 cm x 15 cm, 5
• 17 4004R Clotrimazole Cream 10 mg per g, 20 g
• 18 4010C Amorolfine hydrochloride Nail treatment kit containing nail lacquer 50 mg (base) per mL (5%), 5 mL, 60 isopropyl alcohol cleaning pads, 10 spatulas and 30 nail files
• 19 4011D Terbinafine Tablet 250 mg (as hydrochloride)
• 20 4013F Nystatin Vaginal cream 100,000 units per dose, 15 doses, 75 g
• 21 4016J Clotrimazole Vaginal cream 50 mg per 5 g (1%), 35 g
• 22 4017K Clotrimazole Vaginal cream 100 mg per 5 g (2%), 20 g
• 23 4029C Pseudoephedrine hydrochloride Tablet 60 mg
• 24 4039N Zinc oxide Compound ointment 50 g
• 25 4040P Zinc oxide Compound suppositories, 12
• 26 4041Q Wool alcohols Ointment 100 g
• 27 4042R Urea Cream 100 mg per g (10%), 100 g
• 28 4043T Thiamine Tablet containing thiamine hydrochloride 100 mg
• 29 4046Y Diclofenac Gel containing diclofenac sodium 30 mg per g, 25 g
• 30 4049D Sodium citro-tartrate Sachets containing oral effervescent powder 4 g, 28
• 31 4050E Bandage-compression Bandage, two layer
• 32 4070F Tamsulosin hydrochloride Tablet 400 micrograms (prolonged release)
• 33 4076M Aspirin Tablet 100 mg (with glycine)
• 34 4077N Aspirin Tablet 100 mg (enteric coated)
• 35 4078P Aspirin Capsule 100 mg (containing enteric coated pellets)
• 36 4082W Calcium Tablet 600 mg (as carbonate)
• 37 4107E Skin emollient Lotion 500 mL
• 38 4115N Azithromycin Tablet 500 mg (as dihydrate)
• 39 4122Y Skin emollient Bath oil 500 mL
• 40 4131K Betamethasone Cream 1 mg (as valerate) per g, 30 g
• 41 4132L Betamethasone Ointment 1 mg (as valerate) per g, 30 g
• 42 4134N Imiquimod Cream 50 mg per g, 250 mg single use sachets, 12
• 43 4142B Calcium Tablet 600 mg (as carbonate)
• 44 4150K Bromazepam Tablet 3 mg
• 45 4151L Bromazepam Tablet 6 mg
• 46 4161B Chlorhexidine gluconate Mouth wash 2 mg per mL (0.2%), 250 mL
• 47 4175R Cetirizine hydrochloride Tablet 10 mg
• 48 4176T Carbamide peroxide Ear drops 65 mg per mL (6.5%), 12 mL
• 49 4180B Dichlorobenzene with chlorobutanol and arachis oil Ear drops, ortho-dichlorobenzene 140 mg per mL, para-dichlorobenzene 20 mg per mL, chlorobutanol hemihydrate 50 mg per mL, arachis oil 573 mg per mL, 10 mL
• 50 4196W Dressing-foam with silicone-heavy exudate Dressings 10 cm x 10 cm, 10
• 51 4199B Docusate sodium Ear drops 5 mg per mL (0.5%), 10 mL
• 52 4200C Docusate sodium Tablet 50 mg
• 53 4204G Chlorhexidine gluconate Mouth wash 2 mg per mL (0.2%), 300 mL
• 54 4207K Dressing-foam with silicone-heavy exudate Dressings 7.5 cm x 7.5 cm, 10
• 55 4216X Flunitrazepam Tablet 1 mg
• 56 4222F Fluorouracil Cream 50 mg per g (5%), 20 g
• 57 4230P Dressing-foam with silicone-heavy exudate Dressings 10 cm x 10 cm, 10
• 58 4233T Finasteride Tablet 5 mg
• 59 4237B Fexofenadine hydrochloride Tablet 60 mg
• 60 4238C Fexofenadine hydrochloride Tablet 120 mg
• 61 4239D Tapes-plaster adhesive (with silicone) Roll 2 cm x 3 m
• 62 4240E Tapes-plaster adhesive (with silicone) Roll 4 cm x 1.5 m
• 63 4243H Dressing-non-adherent Dressings, non-woven, with silicone 5 cm x 7.5 cm, 10
• 64 4244J Dressing-non-adherent Dressings, non-woven, with silicone 7.5 cm x 10 cm, 10
• 65 4246L Glycerol Suppositories 2.8 g, 12
• 66 4252T Dressing-foam-silver Dressings, adhesive, 7.5 cm x 7.5 cm, 10
• 67 4255Y Dressing-foam-silver Dressings, adhesive, 10 cm x 10 cm, 10
• 68 4258D Dressing-foam-silver Dressings, adhesive, 12.5 cm x 12.5 cm, 10
• 69 4259E Dressing-foam-silver Dressings, non-adhesive, 10 cm x 10 cm, 10
• 70 4263J Dressing-foam-silver Dressings 7.5 cm x 7.5 cm, 10
• 71 4266M Dressing-foam-silver Dressings 10 cm x 10 cm, 10
• 72 4270R Dressing-foam-silver Dressings 12.5 cm x 12.5 cm, 10
• 73 4275B Codeine with paracetamol Tablet containing codeine phosphate hemihydrate 8 mg with paracetamol 500 mg
• 74 4277D Alfuzosin hydrochloride Tablet 10 mg
• 75 4279F Hyoscine Injection containing hyoscine butylbromide 20 mg in 1 mL
• 76 4280G Ichthammol with zinc oxide Ointment 10 mg-150 mg per g (1%-15%), 50 g
• 77 4281H Ichthammol Cream 10 mg per g (1%), 50 g
• 78 4284L Infliximab Powder for I.V. infusion 100 mg
• 79 4285M Ispaghula husk Sachets 3.5 g, 30
• 80 4286N Codeine with aspirin Tablet containing codeine phosphate hemihydrate 8 mg with aspirin 300 mg
• 81 4303L Finasteride Tablet 5 mg
• 82 4306P Lubricating gel Tube 100 g
• 83 4307Q Sunscreens Cream 75 g
• 84 4308R Lidocaine Solution containing lidocaine hydrochloride 20 mg per mL (2%), 200 mL
• 85 4313B Loratadine Tablet 10 mg
• 86 4321K Magnesium Tablet 37.4 mg (as aspartate dihydrate)
• 87 4325P Mebendazole Tablet 100 mg
• 88 4328T Mebeverine hydrochloride Tablet 135 mg
• 89 4342M Mometasone Cream containing mometasone furoate 1 mg per g, 50 g
• 90 4343N Mometasone Ointment containing mometasone furoate 1 mg per g, 50 g
• 91 4348W Mupirocin Cream 20 mg (as calcium) per g, 15 g
• 92 4349X Morphine Tablet containing morphine sulfate pentahydrate 200 mg (controlled release)
• 93 4350Y Mupirocin Ointment 20 mg per g, 15 g
• 94 4378K Oxymetazoline hydrochloride Nasal spray 500 micrograms per mL (0.05%), 15 mL
• 95 4379L Oxymetazoline hydrochloride Nasal spray 500 micrograms per mL (0.05%), 18 mL
• 96 4408B Pine tar with trolamine lauril sulfate Solution 23 mg-60 mg per mL (2.3%-6%), 500 mL
• 97 4411E Povidone-Iodine Solution 100 mg per mL (10%), 100 mL
• 98 4419N Psyllium hydrophilic mucilloid Oral powder (orange-flavoured, sugar-free) 283 g
• 99 4434J Ricinoleic acid with acetic acid and oxyquinoline sulfate Vaginal jelly 7.5 mg-9.4 mg-250 micrograms per g (0.75%-0.94%-0.025%), 100 g
• 100 4443W Risedronic acid Tablet containing risedronate sodium 5 mg
• 101 4444X Risedronic acid Tablet containing risedronate sodium 35 mg
• 102 4447C Salicylic acid with coal tar solution and pine tar Scalp cleanser 20 mg-10 mg-10 mg per mL (2%-1%-1%), 250 mL
• 103 4452H Selenium sulfide Shampoo 25 mg per mL (2.5%), 125 mL
• 104 4455L Senna standardised Tablet 7.5 mg
• 105 4460R Sodium chloride Irrigation solution 9 mg per mL (0.9%), 500 mL
• 106 4461T Sodium chloride Irrigation solution 9 mg per mL (0.9%), 1 L
• 107 4462W Sorbitol with sodium citrate dihydrate and sodium lauryl sulfoacetate Enemas 3.125 g-450 mg-45 mg in 5 mL, 4
• 108 4463X Terbinafine Gel 10 mg per g (1%), 15 g
• 109 4470G Sodium polystyrene sulfonate Oral powder 454 g
• 110 4473K Terbinafine Cream containing terbinafine hydrochloride 10 mg per g, 15 g
• 111 4481W Tolnaftate Spray aerosol 0.7 mg per g (0.07%), 100 g
• 112 4493L Vitamin b group complex Oral liquid 200 mL
• 113 4497Q Zinc oxide with starch and chlorphenesin Dusting powder 100 g
• 114 4505D Allantoin with sulfur, phenol, coal tar solution and menthol Gel 25 mg-5 mg-5 mg-0.05 mL-7.5 mg per g (2.5%-0.5%-0.5%-5%-0.75%), 30 g
• 115 4510J Cationic conditioner with panthenol Cream 200 g
• 116 4522B Zopiclone Tablet 7.5 mg
• 117 4546G Sunscreens Lotion (non-alcoholic) 125 mL
• 118 4549K Skin cleanser Lotion 500 mL
• 119 4559Y Imiquimod Cream 50 mg per g, 250 mg single use sachets, 12
• 120 4560B Salicylic acid with coal tar solution Scalp cleanser 20 mg-50 mg per mL (2%-5%), 200 mL
• 121 4570M Orlistat Capsule 120 mg
• 122 4579B Alprostadil Intracavernosal injection 10 micrograms with diluent in single use syringe
• 123 4580C Alprostadil Intracavernosal injection 20 micrograms with diluent in single use syringe
• 124 4584G Sildenafil Tablet 25 mg (as citrate)
• 125 4585H Sildenafil Tablet 50 mg (as citrate)
• 126 4586J Sildenafil Tablet 100 mg (as citrate)
• 127 4590N Dressing-foam-moderate exudate Dressings 12.5 cm x 12.5 cm, 10
• 128 4591P Gabapentin Capsule 100 mg
• 129 4592Q Gabapentin Capsule 300 mg
• 130 4593R Gabapentin Capsule 400 mg
• 131 4594T Gabapentin Tablet 600 mg
• 132 4595W Gabapentin Tablet 800 mg
• 133 4596X Tadalafil Tablet 10 mg
• 134 4597Y Tadalafil Tablet 20 mg
• 135 4598B Bandage-compression Bandage, four layer
• 136 4599C Dressing-hydrogel-amorphous Tube 50 g
• 137 4626L Dressing-foam with silicone-moderate exudate Dressings 10 cm x 10 cm, 5
• 138 4644K Dressing-foam with silicone-light exudate Dressings 6 cm x 8.5 cm, 5
• 139 4645L Dressing-foam with silicone-light exudate Dressings 10 cm x 10 cm, 5
• 140 4646M Dressing with silver Hydroactive dressings non-adhesive 10 cm x 10 cm, 5
• 141 4647N Dressing with silver Hydroactive dressings adhesive 12.5 cm x 12.5 cm, 5
• 142 4648P Dressing with silver Tulle dressings 10 cm x 10 cm, 3
• 143 4653X Bandage-absorbent wool Bandage 10 cm x 3 m
• 144 4654Y Bandage-compression Bandage, short stretch, 8 cm x 2.6 m
• 145 4657D Bandage-compression Bandage, high stretch, 10 cm x 3.5 m
• 146 4658E Bandage-compression Bandage, four layer
• 147 4660G Bandage-retention-cohesive-heavy Bandage 10 cm x 2 m
• 148 4661H Bandage-tubular (short stocking) Bandage, small B/C size
• 149 4662J Bandage-retention-cohesive-light Bandage 10 cm x 4 m
• 150 4663K Bandage-tubular Bandage, straight, size C
• 151 4664L Bandage-tubular Bandage, straight, size D
• 152 4665M Bandage-tubular Bandage, straight, size E
• 153 4669R Bandage-zinc paste Bandage 7.5 cm x 6 m
• 154 4671W Bandage-tubular (lightweight) Bandage, small limb size (red), 10 m
• 155 4672X Bandage-tubular (lightweight) Bandage, medium limb size (green), 10 m
• 156 4673Y Bandage-tubular (lightweight) Bandage, large limb size (blue), 10 m
• 157 4674B Bandage-tubular (long stocking) Bandage, small size
• 158 4675C Bandage-tubular (long stocking) Bandage, XX/large size
• 159 4678F Dressing-hydrocolloid (superficial wound-moderate exudate) Butterfly shape 7 cm
• 160 4679G Dressing-hydrocolloid (superficial wound-moderate exudate) Round 10 cm
• 161 4681J Dressing-activated charcoal (malodorous wound) Dressing 10.5 cm x 10.5 cm
• 162 4682K Dressing-alginate (cavity wound) Ropes 2 g (40 cm), 6
• 163 4683L Dressing-alginate (superficial wound) Dressings 7.5 cm x 12 cm, 10
• 164 4684M Dressing-alginate (superficial wound) Dressing (5 cm x 5 cm)
• 165 4686P Dressing-film Dressings 6 cm x 7 cm, 8
• 166 4687Q Dressing-film Dressings 10 cm x 12 cm, 4
• 167 4688R Dressing-film Dressing 15 cm x 20 cm
• 168 4689T Dressing-film island Dressing 5 cm x 7 cm
• 169 4690W Dressing-film island Dressing 9 cm x 10 cm
• 170 4691X Dressing-alginate (superficial wound) Dressings 15 cm x 20 cm, 10
• 171 4694C Dressing-foam-moderate exudate Dressing, cavity, conforming, 20 g
• 172 4695D Dressing-hydroactive (superficial wound-high exudate) Dressings, island, 11 cm x 11 cm, 10
• 173 4696E Dressing-hydroactive (superficial wound-high exudate) Dressings, island, 18 cm x 18 cm, 5
• 174 4698G Dressing-hydrofibre (alternate to alginates) Ribbons 2 cm x 45 cm, 5
• 175 4699H Dressing-alginate (superficial wound) Dressings 5 cm x 5 cm, 10
• 176 4700J Dressing-alginate (superficial wound) Dressings 10 cm x 10 cm, 10
• 177 4707R Dressing-gauze (absorbent pad) Pads 5 cm x 5 cm, 100
• 178 4708T Dressing-gauze (absorbent pad) Pads 10 cm x 10 cm, 100
• 179 4717G Bandage-calico Bandage, triangular, large
• 180 4718H Bandage-retention-cohesive-light Bandages 2.5 cm x 4 m, 2
• 181 4719J Bandage-retention-cohesive-light Bandage 6 cm x 4 m
• 182 4727T Bandage-retention-cotton crepe Bandage 5 cm x 2.3 m
• 183 4728W Bandage-retention-cotton crepe Bandage 7.5 cm x 2.3 m
• 184 4729X Bandage-retention-cotton crepe Bandage 10 cm x 2.3 m
• 185 4742N Dressing-activated charcoal (malodorous wound) Dressings 10 cm x 10 cm, 10
• 186 4743P Dressing-activated charcoal (malodorous wound) Dressings 15 cm x 20 cm, 5
• 187 4748X Bandage-compression Bandage, high stretch, 10 cm x 3 m
• 188 4750B Bandage-zinc paste Bandage 7.5 cm x 6 m
• 189 4759L Dressing-gauze-paraffin Dressings 10 cm x 10 cm, 10
• 190 4760M Bandage-zinc paste Bandages 80 cm (stockings), 4
• 191 4761N Gauze and cotton tissue (combine roll) Wrapped pack 10 cm x 10 m
• 192 4767X Gauze and cotton tissue (combine roll) Wrapped pack 9 cm x 10 m
• 193 4768Y Dressing-gauze-eye pad Pads, 12
• 194 4780N Tapes-plaster adhesive elastic Roll 2.5 cm x 2.5 m
• 195 4781P Tapes-plaster adhesive elastic Roll 5 cm x 2.5 m
• 196 4782Q Tapes-plaster adhesive elastic Roll 7.5 cm x 2.5 m
• 197 4783R Tapes-plaster adhesive hypoallergenic Roll 1.25 cm x 5 m
• 198 4785W Tapes-plaster adhesive hypoallergenic Roll 1.25 cm x 5 m
• 199 4787Y Tapes-plaster adhesive hypoallergenic Roll 2.5 cm x 5 m
• 200 4788B Tapes-plaster adhesive hypoallergenic Stretch roll 5 cm x 5 m
• 201 4789C Tapes-plaster adhesive hypoallergenic Roll 5 cm x 5 m
• 202 4790D Tapes-plaster adhesive hypoallergenic Roll 5 cm x 5 m
• 203 4794H Tapes-plaster adhesive hypoallergenic Roll 2.5 cm x 5 m
• 204 4795J Dressing-foam-heavy exudate Dressings 10 cm x 10 cm, 10
• 205 4797L Bandage-tubular (long stocking) Bandage, medium size
• 206 4798M Bandage-tubular (finger) Complete pack including applicator
• 207 4799N Bandage-tubular (long stocking) Bandage, large size
• 208 4806Y Dressing-hydrogel-sheet Dressings 10 cm x 10 cm, 5
• 209 4811F Bandage-retention-cohesive-heavy Bandage 5 cm x 1.3 m
• 210 4812G Bandage-retention-cohesive-heavy Bandage 7.5 cm x 1.3 m
• 211 4813H Bandage-retention-cohesive-heavy Bandage 10 cm x 1.3 m
• 212 4814J Bandage-retention-cohesive-heavy Bandage 15 cm x 1.3 m
• 213 4815K Bandage-tubular (short stocking) Bandage, medium C/D size
• 214 4816L Bandage-tubular (short stocking) Bandage, large D/E size
• 215 4819P Dressing-non-adherent Dressings 5 cm x 5 cm, 5
• 216 4831G Dressing-alginate (superficial wound) Dressing 10 cm x 10 cm
• 217 4832H Dressing-alginate (cavity wound) Rope 2 g
• 218 4845B Dressing-gauze-paraffin with chlorhexidine acetate Dressings 10 cm x 10 cm, 10
• 219 4848E Tapes-plaster adhesive hypoallergenic Roll (dispenser) 1.9 cm x 5.4 m
• 220 4849F Tapes-plaster adhesive hypoallergenic Roll (dispenser) 1.9 cm x 7.3 m
• 221 4855M Bandage-tubular Bandage 6.25 cm x 1 m
• 222 4856N Bandage-tubular Bandage 6.75 cm x 1 m
• 223 4857P Bandage-tubular Bandage 7.5 cm x 1 m
• 224 4858Q Bandage-tubular Bandage 8.75 cm x 1 m
• 225 4859R Bandage-tubular Bandage 10 cm x 1 m
• 226 4860T Dressing-non-adherent Dressings 5 cm x 5 cm, 5
• 227 4861W Dressing-non-adherent Dressings 10 cm x 10 cm, 10
• 228 4862X Dressing-non-adherent Dressings 10 cm x 10 cm, 5
• 229 4885D Dressing-hydroactive (superficial wound-moderate exudate) Dressings 5 cm x 6 cm, 10
• 230 4886E Dressing-hydroactive (superficial wound-moderate exudate) Dressings 10 cm x 10 cm, 5
• 231 4888G Dressing-hydrocolloid (superficial wound-light exudate) Dressings 5 cm x 7 cm, 10
• 232 4889H Dressing-hydrocolloid (superficial wound-light exudate) Dressings 9 cm x 14 cm, 10
• 233 4893M Dressing-film Dressings 10 cm x 12 cm, 10
• 234 4894N Dressing-hydrogel-amorphous Tube 25 g
• 235 4896Q Dressing-hydrocolloid (cavity wound) Paste 30 g
• 236 4897R Dressing-hydrocolloid (superficial wound-moderate exudate) Dressings (10 cm x 10 cm), 5
• 237 4898T Dressing-film island Dressings 5 cm x 7.2 cm, 5
• 238 4899W Dressing-film island Dressings 8 cm x 10 cm, 5
• 239 4905E Dressing-hydroactive (superficial wound-light exudate) Dressings 5 cm x 6 cm, 10
• 240 4906F Dressing-hydroactive (superficial wound-light exudate) Dressings 10 cm x 10 cm, 5
• 241 4907G Dressing-hydrocolloid (superficial wound-light exudate) Dressings 10 cm x 10 cm, 10
• 242 4909J Dressing-tulle non-adherent-paraffin Dressing 7.6 cm x 7.6 cm
• 243 4911L Dressing-hydrogel-sheet Dressings 9.5 cm x 10.2 cm, 5
• 244 4912M Dressing-hydrogel-amorphous Tubes 15 g, 10
• 245 4913N Dressing-hydrogel-amorphous Tubes 30 g, 3
• 246 4914P Dressing-hydrogel-amorphous Tube 50 g
• 247 4915Q Tapes-non-woven retention (polyacrylate) Roll 2.5 cm x 9.1 m
• 248 4917T Tapes-non-woven retention (polyacrylate) Roll 2.5 cm x 10 m
• 249 4920Y Dressing-hydrocolloid (superficial wound-moderate exudate) Dressings 20 cm x 20 cm, 5
• 250 4921B Dressing-hydrocolloid (superficial wound-moderate exudate) Dressings 10 cm x 10 cm, 10
• 251 4923D Dressing-hydrocolloid (superficial wound-moderate exudate) Dressings with alginate 10 cm x 10 cm, 10
• 252 4924E Dressing-hydrocolloid (superficial wound-light exudate) Dressings 10 cm x 10 cm, 10
• 253 4927H Dressing-hydroactive (superficial wound-high exudate) Non-adhesive waterproof semi-permeable absorbent foam pads 10 cm x 10 cm, 10
• 254 4928J Dressing-hydroactive (superficial wound-high exudate) Non-adhesive waterproof semi-permeable absorbent foam pads 15 cm x 15 cm, 5
• 255 4929K Dressing-hydroactive (superficial wound-high exudate) Adhesive waterproof semi-permeable absorbent foam pads 12 cm x 12 cm, 10
• 256 4930L Dressing-hydroactive (superficial wound-high exudate) Adhesive waterproof semi-permeable absorbent foam pads 18 cm x 18 cm, 5
• 257 4931M Dressing with cadexomer iodine Sachets 3 g, 7
• 258 4932N Dressing with cadexomer iodine Tubes 10 g, 4
• 259 4933P Dressing with cadexomer iodine Tubes 20 g, 2
• 260 4935R Dressing with cadexomer iodine Sheets 5 g (6 cm x 4 cm), 5
• 261 4936T Dressing with cadexomer iodine Sachets 10 g (8 cm x 6 cm), 3
• 262 4937W Dressing with cadexomer iodine Sheets 17 g (10 cm x 8 cm), 2
• 263 4944F Dressing-non-adherent Dressings 7.5 cm x 10 cm, 10
• 264 4945G Dressing-hydrocolloid (superficial wound-moderate exudate) Dressings 10 cm x 10 cm, 10
• 265 4946H Dressing-hydrocolloid (superficial wound-moderate exudate) Dressings 15 cm x 15 cm, 10
• 266 4947J Dressing-hydrocolloid (superficial wound-light exudate) Dressings 10 cm x 10 cm, 10
• 267 4948K Dressing-hydroactive (debridement) Dressings 5.5 cm, 10
• 268 4949L Dressing-hydroactive (debridement) Dressings 4 cm, 10
• 269 4950M Dressing-hydroactive (debridement) Dressings 7.5 cm x 7.5 cm, 10
• 270 10017F Dressing-foam with silicone Dressings 10.3 cm x 10.3 cm, 10
• 271 10021K Dressing-foam with silicone Dressings 21 cm x 21 cm, 10
• 272 10023M Dressing-foam with silicone Dressings 15.4 cm x 15.4 cm, 10
• 273 10029W Dressing-foam with silicone Dressings 12.9 cm x 12.9 cm, 10
• 274 10095H Dutasteride Capsule 500 micrograms
• 275 10097K Dressing hydrofibre with silver Dressing 10 cm x 10 cm
• 276 10098L Dressing hydrofibre with silver Dressing 15 cm x 15 cm
• 277 10102Q Dutasteride with tamsulosin Capsule containing dutasteride 500 micrograms with tamsulosin hydrochloride 400 micrograms
• 278 10105W Dressing hydrofibre with silver Ribbon 2 cm x 45 cm
• 279 10106X Imiquimod Cream 50 mg per g, 2 g, 2
• 280 10177P Docusate with sennoside B Tablet containing docusate sodium 50 mg with sennoside B 8 mg
• 281 10573L Folic acid Tablet 5 mg
• 282 10577Q Hydroxocobalamin Injection 1 mg (as acetate) in 1 mL
• 283 10578R Bisacodyl Suppositories 10 mg, 10
• 284 10579T Ferrous fumarate with folic acid Tablet 310 mg (equivalent to 100 mg iron)-350 micrograms
• 285 10580W Bisacodyl Suppositories 10 mg, 12
• 286 10582Y Paracetamol Tablet 500 mg
• 287 10584C Folic acid Tablet 500 micrograms
• 288 10585D Paracetamol Tablet 500 mg
• 289 10586E Glycerol Suppositories 700 mg, 12
• 290 10587F Hydroxocobalamin Injection 1 mg (as chloride) in 1 mL
• 291 10590J Aspirin Tablet 100 mg
• 292 10592L Loperamide Capsule containing loperamide hydrochloride 2 mg
• 293 10594N Ferrous fumarate Tablet 200 mg (equivalent to 65.7 mg iron)
• 294 10596Q Glycerol Suppositories 1.4 g, 12
• 295 10598T Paracetamol Tablet 665 mg (modified release)
• 296 10599W Paracetamol Oral liquid 240 mg per 5 mL, 200 mL
• 297 10831C Hydrocortisone Ointment containing hydrocortisone acetate 10 mg per g, 30 g
• 298 10832D Dressing-hydrofibre (alternate to alginates) Dressing 12.5 cm x 12.5 cm
• 299 10837J Dressing-hydrofibre (alternate to alginates) Dressing 10 cm x 10 cm
• 300 10847X Povidone-Iodine Dressing 9.5 cm x 9.5 cm
• 301 10849B Dressing alginate with manuka honey Dressing 10 cm x 10 cm
• 302 10854G Nystatin Oral suspension 100,000 units per mL, 24 mL
• 303 10857K Dressing alginate with manuka honey Ribbon 2.5 cm x 20 cm
• 304 11134B Sodium chloride with hypochlorous acid and sodium hypochlorite Solution containing sodium chloride 0.022% with hypochlorous acid 0.004% and sodium hypochlorite 0.004%, 250 mL
• 305 11135C Loperamide Capsule containing 2 mg loperamide hydrochloride
• 306 11383D Pad-wound debridement Pads 10 cm x 10 cm, 5
• 307 11384E Dressing-foam with silicone Dressings 10.5 cm x 10.5 cm, 10
• 308 11391M Pad-wound debridement Pads (with handle), 5
• 309 11392N Dressing-hydrophobic Dressings (foam gentle border) 10 cm x 10 cm, 10
• 310 11393P Dressing-foam with silicone Dressings 16 cm x 16 cm, 10
• 311 11394Q Dressing-hydrophobic Dressings (foam gentle border) 15 cm x 15 cm, 10
• 312 11395R Dressing-hydrogel Dressings 7.5 cm x 15 cm, 10
• 313 11401C Protein formula with arginine, vitamin C, vitamin E and zinc Oral liquid 200 mL, 24 (Cubitan)
• 314 11402D Dressing-hydrophobic Dressings (superabsorbent) 10 cm x 10 cm, 10
• 315 11403E Dressing-hydrophobic Dressings (superabsorbent) 20 cm x 20 cm, 10
• 316 11404F Dressing-hydrophobic Dressings (foam) 15 cm x 15 cm, 10
• 317 11707E Methyl salicylate with menthol, camphor, eucalyptus oil, pine oil pumilio, turpentine oil, peppermint oil, cajuput oil and capsicum extract Cream 20%-5%-3.5%-3%-1%-1%-0.5%-0.5%-0.15%, 100 g
• 318 11708F Glycerol Solution 15%, 1 kg
• 319 11709G Dressing-hydrogel Dressings 10 cm x 10 cm, 5
• 320 11710H Hydrocortisone Cream containing hydrocortisone acetate 10 mg per g, 30 g
• 321 11711J Oxymetazoline hydrochloride Nasal spray 500 micrograms per mL (0.05%), 20 mL
• 322 11712K Glycerol with white soft paraffin Lotion 5%-5%, 1 L
• 323 11714M Bandage-compression Bandage, soft, 10 cm x 3.5 m and bandage, short stretch, 10 cm x 6 m, two component pack
• 324 11715N Dressing-non-adherent absorbent Dressings, hydroactive, 22 cm x 22 cm, 10
• 325 11717Q Dressing-non-adherent absorbent Dressings, hydroactive, 12.5 cm x 12.5 cm, 10
• 326 11718R Dressing-non-adherent absorbent Dressings, hydroactive, 22 cm x 32 cm, 10
• 327 11837B Avanafil Tablet 50 mg
• 328 11845K Calcium Tablet, chewable, 500 mg (as carbonate)
• 329 11860F Avanafil Tablet 200 mg
• 330 11861G Avanafil Tablet 100 mg
• 331 11862H Calcium Tablet, chewable, 500 mg (as carbonate)
• 332 11959K Salicylic acid with lactic acid Liquid 167 mg-150 mg per g (16.7%-15%), 15 mL
• 333 12077P Silodosin Capsule 8 mg
• 334 12079R Silodosin Capsule 4 mg
• 335 12179B Sodium citro-tartrate Sachets containing oral effervescent granules 4 g, 28
• 336 12181D Dressing-gelling fibre Dressings, non-woven, 10 cm x 10 cm, 10
• 337 12182E Dressing-gelling fibre Dressings, non-woven, 2 cm x 45 cm, 5
• 338 12184G Dressing-foam with silicone-heavy exudate Dressings 7.5 cm x 7.5 cm, 10
• 339 12185H Dressing-foam with silicone-heavy exudate Dressings 15 cm x 20 cm, 10
• 340 12187K Dressing-gelling fibre Dressings, non-woven, 5 cm x 5 cm, 10
• 341 12194T Mebendazole Tablet, chewable, 100 mg
• 342 12195W Dressing-foam with silicone-heavy exudate Dressings 22 cm x 23 cm, 6
• 343 12196X Dressing-non-adherent with silicone Dressings 10 cm x 18 cm, 10
• 344 12202F Dressing-gelling fibre Dressings, non-woven, 15 cm x 15 cm, 10
• 345 12206K Dressing-foam with silicone-heavy exudate Dressings 10 cm x 10 cm, 10
• 346 12207L Dressing-foam with silicone-heavy exudate Dressings 22 cm x 25 cm, 5
• 347 12208M Dressing-non-adherent with silicone Dressings 5 cm x 7.5 cm, 10
• 348 12213T Dressing-gelling fibre Dressings, non-woven, 1 cm x 45 cm, 5
• 349 12216Y Dressing-foam with silicone-heavy exudate Dressings 16 cm x 20 cm, 5
• 350 12591Q Dressing with silver Tulle dressings 10 cm x 10 cm, 10
• 351 12592R Bandage-compression Bandage, two layer
• 352 12593T Dressing-non-adherent absorbent Dressings 10 cm x 20 cm, 10
• 353 12596Y Psyllium hydrophilic mucilloid Oral powder (non-flavoured) 504 g
• 354 12599D Dressing-non-adherent absorbent Dressings 20 cm x 40 cm, 10
• 355 12600E Dressing-non-adherent absorbent Dressings 10 cm x 10 cm, 10
• 356 12629Q Dressing-hydroactive (debridement) Dressings 5.5 cm, 10
• 357 12636C Dressing-hydroactive (debridement) Dressings, cavity, 4 cm, 10
• 358 12637D Dressing-hydroactive (debridement) Dressings 4 cm, 10
• 359 12651W Dressing-non-adherent with silicone Dressings 7.5 cm x 10 cm, 5
• 360 12659G Dressing-hydrogel Dressings 12.5 cm x 12.5 cm, 5
• 361 12660H Dressing-hydroactive (debridement) Dressings 7.5 cm x 7.5 cm, 10
• 362 12760N Dressing-foam-heavy exudate Dressings 10 cm x 10 cm, 5
• 363 12765W Dressing alginate with silver (cavity wound) Dressings, medicated, 3 cm x 44 cm, 10
• 364 12772F Dressing alginate with silver (deep wound) Dressings, medicated, 5 cm x 5 cm, 10
• 365 12774H Dressing-foam with silicone-light exudate Dressings 5 cm x 12.5 cm, 5
• 366 12776K Dressing-foam-heavy exudate Dressings 20 cm x 20 cm, 5
• 367 12777L Dressing-foam with silicone-moderate exudate Dressings 4 cm x 5 cm, 10
• 368 12780P Dressing-foam with silicone-light exudate Dressings 4 cm x 5 cm, 10
• 369 12782R Dressing-foam with silicone-moderate exudate Dressings 5 cm x 12.5 cm, 5
• 370 12797M Dressing-foam-heavy exudate Dressings 5 cm x 5 cm, 5
• 371 12799P Dressing-foam with silicone-moderate exudate Dressings 10 cm x 10 cm, 5
• 372 12801R Dressing alginate with silver (deep wound) Dressings, medicated, 10 cm x 10 cm, 10
• 373 12804X Dressing-foam with silicone-light exudate Dressings 10 cm x 10 cm, 5
• 374 12824Y Dressing-non-adherent absorbent Dressings 23 cm x 25 cm, 30
• 375 12825B Dressing-non-adherent absorbent Dressings 10 cm x 23 cm, 50
• 376 12832J Dressing-non-adherent absorbent Dressings 10 cm x 13 cm, 50
• 377 12833K Dressing-non-adherent absorbent Dressings, hydroactive, 22.5 cm x 32.5 cm, 10
• 378 12834L Dressing-non-adherent absorbent Dressings, hydroactive, 17.5 cm x 22.5 cm, 10
• 379 12837P Dressing-non-adherent absorbent Dressings, hydroactive, 12.5 cm x 12.5 cm, 10
• 380 13002H Dressing-contact layer lipidocolloid with sucrose octasulfate Dressings 10 cm x 10 cm, 10
• 381 13003J Dressing-foam lipidocolloid with sucrose octasulfate-moderate exudate Dressings 15 cm x 20 cm, 10
• 382 13004K Dressing-foam lipidocolloid with sucrose octasulfate-moderate exudate Dressings 12 cm x 19 cm, 10
• 383 13005L Bandage-compression Bandage, two layer, 18 cm to 25 cm
• 384 13006M Bandage-compression Bandage, two layer, 18 cm to 25 cm
• 385 13007N Dressing-foam lipidocolloid with silicone-heavy exudate Dressings 10 cm x 10 cm, 10
• 386 13008P Dressing-foam lipidocolloid with sucrose octasulfate-moderate exudate Dressings 10 cm x 10 cm, 10
• 387 13009Q Dressing-gelling fibre lipidocolloid Dressings 15 cm x 20 cm, 10
• 388 13010R Bandage-compression Bandage, two layer, 25 cm to 32 cm
• 389 13011T Dressing-contact layer lipidocolloid with sucrose octasulfate Dressings 15 cm x 20 cm, 10
• 390 13012W Dressing poly-absorbent fibre lipidocolloid with sucrose octasulfate-moderate exudate Dressings 15 cm x 20 cm, 10
• 391 13013X Dressing poly-absorbent fibre lipidocolloid with sucrose octasulfate-heavy exudate Dressings 8 cm x 8 cm, 10
• 392 13014Y Dressing poly-absorbent fibre lipidocolloid with sucrose octasulfate-heavy exudate Dressings 10 cm x 10 cm, 10
• 393 13015B Dressing-gelling fibre lipidocolloid Dressings 10 cm x 10 cm, 10
• 394 13016C Bandage-compression Bandage, two layer, 25 cm to 32 cm
• 395 13017D Dressing-foam lipidocolloid with sucrose octasulfate-heavy exudate Dressings 10 cm x 10 cm, 10
• 396 13018E Dressing poly-absorbent fibre lipidocolloid with sucrose octasulfate-heavy exudate Dressings 15 cm x 20 cm, 5
• 397 13019F Dressing poly-absorbent fibre lipidocolloid with sucrose octasulfate-heavy exudate Dressings 10 cm x 10 cm, 10
• 398 13021H Dressing-foam lipidocolloid with sucrose octasulfate-heavy exudate Dressings 15 cm x 20 cm, 10
• 399 13022J Dressing-contact layer lipidocolloid Dressings 10 cm x 10 cm, 10
• 400 13023K Dressing-foam lipidocolloid with sucrose octasulfate-heavy exudate Dressings 8 cm x 8 cm, 10
• 401 13024L Dressing poly-absorbent fibre lipidocolloid with sucrose octasulfate-heavy exudate Dressings 15 cm x 20 cm, 10
• 402 13025M Dressing poly-absorbent fibre lipidocolloid with sucrose octasulfate-moderate exudate Dressings 10 cm x 10 cm, 10
• 403 13026N Dressing-lipidocolloid-moderate exudate Dressings 10 cm x 12 cm, 16
• 404 13188D Bemotrizinol with diethylamino hydroxybenzoyl hexyl benzoate, homosalate, octocrylene and titanium dioxide Lotion 1.8%-4%-8%-8%-2.5%, 125 mL
• 405 13307J Zopiclone Tablet 7.5 mg
• 406 13331P Dressing-lipidocolloid-moderate exudate Dressings 10 cm x 12 cm, 10
• 407 13758D Fluorouracil Cream 40 mg per g (4%), 20 g
• 408 14174B Calcium Tablet 600 mg (as carbonate)
• 409 14175C Calcium Tablet 600 mg (as carbonate)
• 410 14176D Calcium Tablet, chewable, 500 mg (as carbonate)
• 411 14180H Chloramphenicol Eye drops 5 mg per mL, 10 mL
• 412 14182K Thiamine Tablet containing thiamine hydrochloride 100 mg
• 413 14183L Alfuzosin hydrochloride Tablet 10 mg
• 414 14184M Dutasteride with tamsulosin Capsule containing dutasteride 500 micrograms with tamsulosin hydrochloride 400 micrograms
• 415 14185N Silodosin Capsule 4 mg
• 416 14191X Finasteride Tablet 5 mg
• 417 14192Y Silodosin Capsule 8 mg
• 418 14197F Risedronic acid Tablet containing risedronate sodium 35 mg
• 419 14198G Risedronic acid Tablet (enteric coated) containing risedronate sodium 35 mg
• 420 14199H Finasteride Tablet 5 mg
• 421 14200J Tamsulosin hydrochloride Tablet 400 micrograms (prolonged release)
• 422 14209W Risedronic acid Tablet containing risedronate sodium 5 mg
• 423 14210X Dutasteride Capsule 500 micrograms
• 424 14217G Calcium Tablet, chewable, 500 mg (as carbonate)
• 425 14567Q Bisacodyl Suppositories 10 mg, 10
• 426 14572Y Bisacodyl Suppositories 10 mg, 12

Endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.

If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.