10Eligible persons

10 Eligible persons

(1) Subject to sections 11, 12, 12A, 12B and 12C, a person is eligible to receive a botulinum toxin pharmaceutical benefit under this Special Arrangement if: (a) either: (i) the person holds a Medicare Card; or (ii) if the person is a dependent child—the parent or guardian of the child holds a Medicare Card; and (b) the person is an Australian resident; and (c) the person is diagnosed with a condition mentioned for the botulinum toxin pharmaceutical benefit in the column in Schedule 3 headed ‘Treatment Condition’, by a medical practitioner who has one or more of the specialist qualifications mentioned in the column in Schedule 3 headed ‘Specialist Qualifications’ for the condition; and (d) the person is not being treated in a public hospital. (2) For paragraph (1)(d), a person is not being treated in a public hospital if, at the time of treatment: (a) the person is a day patient; or (b) the person has been admitted for less than 24 hours. (3) A botulinum toxin pharmaceutical benefit supplied and administered under this Special Arrangement is to be supplied and administered to the eligible patient without payment or other consideration. (4) Section 87 of the Act does not apply to the supply of a botulinum toxin pharmaceutical benefit under this Special Arrangement. (5) In this section:

Australian resident has the same meaning as in the Health Insurance Act 1973.