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 to the Repatriation Pharmaceutical Benefits Scheme; 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.
Section 16A - MRCA Pharmaceutical Benefits Scheme (No. MRCC 44/2013) - When Pharmaceutical benefits may be supplied by Community Pharmacists without prescription | Zoe