40Writing prescriptions—prescriptions other than medication chart prescriptions

#### 40 Writing prescriptions—prescriptions other than medication chart prescriptions Requirements for writing prescriptions (1) A PBS prescriber writes a prescription in accordance with this section if the PBS prescriber: (a) if the PBS prescriber is a participating dental practitioner, an authorised optometrist, an authorised midwife or an authorised nurse practitioner—states in the prescription the number allotted to his or her approval under section 16; and (b) states in the prescription the name of the person for whom the pharmaceutical benefit is prescribed and the residential address of that person; and (c) prepares the prescription in accordance with subsection (2); and (d) identifies in the prescription the pharmaceutical benefit in accordance with subsection (2A); and (e) 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 (f) if the pharmaceutical benefit to be supplied is not a ready‑prepared pharmaceutical benefit—indicates in the prescription the manner in which the pharmaceutical benefit is to be administered; and (g) signs the prescription after it is prepared; and (h) specifies on the prescription the date on which the prescription is written; and (i) if the prescription is covered by paragraph (a) or (b) of the definition of authority prescription—writes on it: (i) each authority approval number for the prescription; or (ii) the relevant streamlined authority code for the pharmaceutical benefit that is prescribed; and (j) if, under section 49, the medical practitioner, authorised midwife or authorised nurse practitioner directs in the prescription the supply on the one occasion of a quantity or number of units of a pharmaceutical benefit exceeding the quantity or number of units that could otherwise be prescribed—writes on the prescription “Reg 24”, “Regulation 24”, “Reg 49”, “Regulation 49”, “Section 49”, “one supply” or “1 supply”. > Note 1: For paragraph (i), an authority prescription covered by paragraph (c) of the definition does not require an authority approval number to be a valid prescription, but an authority approval number may be needed for the special patient contribution to be payable by the Commonwealth under section 85B of the Act. > Note 2: For paragraph (j), section 49 of this instrument was previously regulation 24 of the National Health (Pharmaceutical Benefits) Regulations 1960. (2) For the purposes of paragraph (1)(c), the prescription must be prepared: (a) in duplicate, by handwriting the prescription in ink on a prescription form: (i) that is as nearly as practicable 18 centimetres long by 12 centimetres wide; and (ii) on which the name and address of the PBS prescriber, and the letters “PBS”, appear; and (iii) on one part of which the words “pharmacist/patient copy” appear; and (iv) on one part of which the words “Medicare/DVA copy” appear; or (b) in duplicate, by means of a computer on a prescription form: (i) that is as nearly as practicable 18 centimetres long by 12 centimetres wide; and (ii) on which the name and address of the PBS prescriber, and the letters “PBS”, appear; and (iii) on one part of which the words “pharmacist/patient copy” appear; and (iv) on one part of which the words “Medicare/DVA copy” appear; and (v) that is approved in writing for the purpose by the Secretary; or (c) by means of a form: (i) on which the name and address of the PBS prescriber and the letters “PBS” appear; and (ii) that is approved, in writing, by the Secretary for the purpose of writing an electronic prescription; or (d) by another method approved in writing by the Secretary. (2A) For the purposes of paragraph (1)(d), the PBS prescriber must identify in the prescription: (a) if: (i) the prescription is prepared in accordance with paragraph (2)(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 this subparagraph; 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 PBS 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. (2B) If subparagraph (2A)(b)(ii) applies, the brand of the pharmaceutical item must be listed after the drugs that the pharmaceutical benefit has. (2C) Subsection (2A) does not apply to the extent that it would be contrary to a law of a State or Territory that would otherwise apply. (3) A prescription written in accordance with this section must not provide for the supply of a pharmaceutical benefit (the prescribed benefit) to: (a) a person if the PBS prescriber has written, on the same day, another prescription for the supply of a pharmaceutical benefit to the person that is: (i) the same pharmaceutical benefit as the prescribed benefit; or (ii) another brand of the same pharmaceutical benefit as the prescribed benefit; or (iii) a pharmaceutical benefit that is a Schedule equivalent to the prescribed benefit; or (b) more than one person. (4) 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 Act, 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.