135AAAPrescribers and approved suppliers must observe secrecy in relation to medicare numbers and expiry dates provided for pharmaceutical benefit scheme purposes

#### 135AAA Prescribers and approved suppliers must observe secrecy in relation to medicare numbers and expiry dates provided for pharmaceutical benefit scheme purposes (1) If: (a) a medicare number, or a medicare number and the expiry date in relation to that number, are provided, as a result of a request under section 88, or under section 88AA, to a person who is a PBS prescriber; and (b) that number, or number and date, are provided solely for either or both of the following purposes: (i) enabling the person to write or communicate a prescription for the supply of a pharmaceutical benefit; (ii) enabling the person to record and retain that number, or number and date, to facilitate the writing of future prescriptions for the supply of pharmaceutical benefits; the person commits an offence if, while the person is, or after the person ceases to be, a PBS prescriber, the person directly or indirectly makes an unauthorised disclosure or an unauthorised use of that number or that date. Penalty: 50 penalty units or imprisonment for 2 years, or both. (2) For the purposes of subsection (1): (a) the disclosure by a person referred to in that subsection of a medicare number, or of the expiry date in relation to a medicare number, to another person is an unauthorised disclosure of that number or that date; and (b) the use by a person referred to in that subsection of a medicare number, or of the expiry date in relation to a medicare number, is an unauthorised use of that number or that date; if that disclosure or use is not made or undertaken: (c) in the performance of the duties or functions, or in the exercise of the powers, of that person as a PBS prescriber under this Act in relation to the Pharmaceutical Benefits Scheme; or (d) for the purpose of enabling a person to perform functions in relation to a medicare program in relation to that Scheme. (3) If: (a) a medicare number, or a medicare number and the expiry date in relation to that number, are provided, as a result of a request under section 86B or 86C, or under section 86D, to a person or body that is an approved supplier; and (b) that number, or number and date, are provided solely for one or more of the following purposes: (i) enabling the person or body to supply a pharmaceutical benefit; (ii) enabling the person or body to record and retain that number, or number and date, in order to facilitate the supply of pharmaceutical benefits at a later time or times; (iii) enabling the person or body to record and retain that number, or number and date, in order to complete the written version of a prescription that has been previously communicated; the person or body commits an offence if, while the person or body is, or after the person or body ceases to be, such an approved supplier, the person or body directly or indirectly makes an unauthorised disclosure or an unauthorised use of that number or that date. Penalty: 50 penalty units or imprisonment for 2 years, or both. (4) For the purposes of subsection (3): (a) the disclosure by a person or body referred to in that subsection of a medicare number, or of the expiry date in relation to a medicare number, to another person is an unauthorised disclosure of that number or that date; and (b) the use by a person or body referred to in that subsection of a medicare number or of the expiry date in relation to a medicare number is an unauthorised use of that number or that date; if that disclosure or use is not made or undertaken: (c) in the performance of the duties or functions, or in the exercise of the powers, of the person or body as an approved supplier under this Act in relation to the Pharmaceutical Benefits Scheme; or (d) for the purpose of enabling a person to perform functions in relation to a medicare program in relation to that Scheme. (5) If a medicare number, or a medicare number and the expiry date in relation to that number, are provided: (a) to a person who is employed or engaged by: (i) a PBS prescriber; or (ii) a company that provides services in support of a PBS prescriber; solely for a purpose or purposes referred to in paragraph (1)(b); or (b) to a person who is employed or engaged by: (i) an approved supplier; or (ii) a company that provides services in support of an approved supplier; solely for a purpose or purposes referred to in paragraph (3)(b); that person is, while the person is, and after the person ceases to be, so employed or engaged, subject to the same obligations and liabilities as apply under subsection (1) or (3), as the case requires, in relation to the person or body by whom the person is or was so employed or engaged. (6) A person to whom a medicare number, or a medicare number and the expiry date in relation to that number, are disclosed in contravention of subsection (1), (3) or (5) commits an offence if: (a) the person knows or ought reasonably to know that the disclosure of the number, or number and date, was in contravention of that subsection; and (b) the person directly or indirectly discloses that number or that date to any person, or otherwise makes use of that number or that date. Penalty: 50 penalty units or imprisonment for 2 years, or both. (7) Despite subsection (1), (3) or (5), a person or body to whom a medicare number, or a medicare number and the expiry date in relation to that number, are provided solely for a purpose set out or referred to in that subsection may disclose that number or expiry date to another person for another specified purpose with the express authority of: (a) the person in respect of whom that number was provided; or (b) the legal guardian of that person; or (c) another person identified in a determination made by the Minister under section 86D or 88AA as capable of authorising the recording and retention of such number or number and date, on behalf of the person to whom the number applies. (8) A person to whom a medicare number, or a medicare number and the expiry date in relation to that number, are disclosed in accordance with an express authority under subsection (7) commits an offence if the person: (a) directly or indirectly discloses that number or that date to another person; or (b) makes use of that number or that date; other than for the purpose specified by the person giving the authority. Penalty: 50 penalty units or imprisonment for 2 years, or both. (9) Nothing in subsection (1), (3), (5), (6) or (8) prevents a medicare number or an expiry date in relation to such a number from being communicated to a court for the purpose of proceedings under this section. (10) In this section: > approved supplier has the same meaning as in Part VII. > expiry date, in relation to a medicare number, has the same meaning as in Part VII. > medicare number, in relation to a person, has the same meaning as in Part VII. > PBS prescriber has the same meaning as in Part VII. (11) A reference in this section to a number, or number and date, provided to an approved supplier or to a person engaged or employed by an approved supplier, includes a reference to such a number, or number and date, that are informed under section 86D to the approved supplier by a PBS prescriber communicating a prescription to the supplier.