40AGiving information

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.