44Supply of pharmaceutical benefit on first presentation of prescription

#### 44 Supply of pharmaceutical benefit on first presentation of prescription (1) This section does not apply in relation to the supply of a pharmaceutical benefit on the basis of a medication chart prescription. > Note: See section 45 for the supply of a pharmaceutical benefit on the basis of a medication chart prescription. (2) An approved pharmacist or an approved medical practitioner must not supply a pharmaceutical benefit to a person on the first presentation of a prescription for the supply of that benefit to the person, unless: (a) subject to sections 48, 52 and 53, the prescription is: (i) written in accordance with this instrument; and (ii) given to the pharmacist or practitioner; and (b) the date of supply of the benefit is on or before the first anniversary of the date on which the prescription was written; and (c) the pharmacist or practitioner writes on the prescription (including, for a paper‑based prescription, both the pharmacist/patient copy and the Medicare/DVA copy): (i) the pharmacist’s or practitioner’s name and approval number under section 16; and (ii) a number that identifies the prescription. (3) An approved hospital authority must not supply a pharmaceutical benefit to a person on the first presentation of a prescription for the supply of that benefit to that person, unless: (a) subject to sections 48, 52 and 53, the prescription is: (i) written in accordance with this instrument; and (ii) given to the pharmacist or practitioner by whom, or under whose supervision, the benefit will be dispensed; and (b) the date of supply of the benefit is on or before the first anniversary of the date on which the prescription was written; and (c) the prescription (including, for a paper‑based prescription, both the pharmacist/patient copy and the Medicare/DVA copy) is marked, for the hospital authority, with: (i) the hospital authority’s name and approval number under section 16; and (ii) a number that identifies the prescription. (4) In this section, a reference to the first presentation of a prescription is taken to mean, in relation to an electronic prescription, the first occasion when the prescription is accessed by an approved pharmacist or an approved medical practitioner for the purpose of supplying a pharmaceutical benefit to the person for whom the prescription was written.