CTHRepealedLegislation
National Health (Pharmaceutical Benefits) Regulations 1960
21ASupply of pharmaceutical benefit on basis of medication chart prescription
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#### 21A Supply of pharmaceutical benefit on basis of medication chart prescription
(1) A pharmaceutical benefit may only be supplied on the basis of a medication chart prescription by:
(a) if the person in respect of whom the pharmaceutical benefit is to be supplied is receiving treatment in or at a residential care service—an approved pharmacist or an approved medical practitioner; or
(b) if the person in respect of whom the pharmaceutical benefit is to be supplied is receiving treatment in or at an approved hospital—an approved pharmacist or the approved hospital authority.
(2) An approved supplier may supply a pharmaceutical benefit on the basis of a medication chart prescription only if:
(a) the approved supplier has seen:
(i) the medication chart by which the prescription was written; or
(ii) a copy of so much of the chart as would indicate that subregulation 19AA(2), and subregulation 19AA(3) (if applicable), have been complied with; and
(c) the date on which the pharmaceutical benefit is supplied is:
(i) during the period of validity of the medication chart; and
(ii) no later than the stop date (if any) indicated in the prescription; and
(d) the approved supplier writes on the medication chart, or the copy of the chart, the following for the supply:
(i) the approved supplier’s name and approval number under regulation 8A;
(ii) an identification number for the supply;
(iii) the date on which the pharmaceutical benefit is supplied.
(3) For paragraph (2)(c), the period of validity of a medication chart for a person receiving treatment in or at a residential care service:
(a) starts on the day in a calendar month (the first calendar month) when the first prescription for a pharmaceutical benefit is written in the medication chart; and
(b) ends on the last day of the third calendar month that starts after the first calendar month.
> Note: Example: The first prescription is written in a medication chart on 11 June. The period of validity of the medication chart starts on 11 June and ends on 30 September.
> Note: calendar month is defined in section 2B of the Acts Interpretation Act 1901.
(3A) For paragraph (2)(c), the period of validity of a medication chart for a person receiving treatment in or at a hospital:
(a) starts on the day when the first prescription for a pharmaceutical benefit is written in the chart; and
(b) ends at the end of the day specified in the chart as the day on which the chart’s period of validity ends (see paragraph 19AA(2)(f)).
(4) An approved supplier may supply up to a maximum quantity of a pharmaceutical item or pharmaceutical benefit more than once on the basis of a particular medication chart prescription for the pharmaceutical benefit only if:
(a) the prescription indicates that an ongoing supply of the pharmaceutical benefit is authorised for the period of validity of the chart; or
(b) the prescription indicates a stop date for the supply of the pharmaceutical benefit and, based on the dose and frequency of administration of the pharmaceutical benefit indicated in the prescription, more than one supply of a maximum quantity of the pharmaceutical item or pharmaceutical benefit is needed before the stop date is reached.
> Note: See paragraph 85A(2)(a) of the Act in relation to maximum quantities of pharmaceutical items or pharmaceutical benefits.
(5) If paragraphs (4)(a) and (b) do not apply, an approved supplier may only supply the quantity of the pharmaceutical benefit needed to give effect to the prescription, up to a maximum quantity of the pharmaceutical item or pharmaceutical benefit.
> Note: The following information entered in the prescription may also indicate the quantity of the pharmaceutical benefit that is needed:
(a) the dose and frequency of administration of the pharmaceutical benefit;
(b) the date of prescribing, or the start date (if any) for administration of the pharmaceutical benefit;
(c) the stop date (if any) for administration of the pharmaceutical benefit.
(6) However, for a supply:
(a) on the basis of a prescription mentioned in paragraph (4)(a); or
(b) mentioned in subregulation (5);
an approved supplier may supply up to a maximum quantity of the pharmaceutical item or pharmaceutical benefit even if the period of validity of the medication chart will end before administration of that quantity in accordance with the prescription would finish.