11AWriting of prescriptions‑prescriptions other than medication chart prescriptions

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

 (1) An MPBS prescriber writes a prescription in accordance with this Scheme if the MPBS 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 MPBS prescriber and, subject to subsection (4), the letters ‘RPBS’ or ‘MPBS’ 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 MPBS prescriber and, subject to subsection (4), the letters ‘RPBS’ or ‘MPBS’ 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 MPBS prescriber and the letters ‘RPBS’ or ‘MPBS’ 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 MPBS 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 MPBS 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 MPBS 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.