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National Health (Pharmaceutical Benefits) Regulations 2017
45Supply of pharmaceutical benefit on basis of medication chart prescription
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#### 45 Supply of pharmaceutical benefit on basis of medication chart prescription
Who may supply pharmaceutical benefit
(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 an approved residential care home—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.
Requirements for supply of pharmaceutical benefit
(2) An approved supplier may supply a pharmaceutical benefit on the basis of a medication chart prescription only if:
(a) if the medication chart by which the prescription was written is not an electronic medication chart—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 subsection 41(2), and subsection 41(3) (if applicable), have been complied with; and
(aa) if the medication chart by which the prescription was written is an electronic medication chart—the approved supplier:
(i) if subparagraph (ii) does not apply and subject to subsection (8)—has seen the electronic medication chart by which the prescription was written in an electronic medication chart system; or
(ii) in a case of urgency—has seen a copy of the electronic medication chart that complies with subsection (2A) and supplies the pharmaceutical benefit in accordance with subsection (2B); and
(b) 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
(c) if the medication chart by which the prescription was written is not an electronic medication chart—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 section 16;
(ii) an identification number for the supply;
(iii) the date on which the pharmaceutical benefit is supplied; and
(d) if the medication chart by which the prescription was written is an electronic medication chart—the approved supplier writes on the electronic prescription written in the electronic medication chart the following information for the supply:
(i) the approved supplier’s name and approval number under section 16;
(ii) an identification number for the supply;
(iii) the date on which the pharmaceutical benefit is supplied.
(2A) For the purposes of subparagraph (2)(aa)(ii), a copy of an electronic medication chart complies with this subsection if the copy of the chart:
(a) meets so much of the information requirements approved for the electronic medication chart under paragraph 41(5)(b) as are specified, in writing, by the Secretary under subsection (9) of this section; and
(b) contains a date stamp showing the date and time when the copy was generated.
(2B) For the purposes of subparagraph (2)(aa)(ii), the approved supplier:
(a) must supply the pharmaceutical benefit within 72 hours of the date and time stamped on the copy of the electronic medication chart in accordance with paragraph (2A)(b); and
(b) despite subsections (5), (6) and (7), must not:
(i) supply the pharmaceutical benefit more than once; or
(ii) supply more than the maximum quantity of the pharmaceutical benefit.
(3) For the purposes of paragraph (2)(b), the period of validity of a medication chart for a person receiving treatment in or at an approved residential care home:
(a) if the chart is an electronic medication chart:
(i) starts on the day when the first prescription for a pharmaceutical benefit is written in the medication chart; and
(ii) ends 6 months after the day mentioned in subparagraph (i); or
(b) otherwise:
(i) 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
(ii) 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, if it is written in an electronic medication chart, ends on 11 December. Otherwise, it ends on 30 September.
(4) For the purposes of paragraph (2)(b), 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 41(2)(f)).
Quantity that may be supplied
(5) 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 either of the following:
(i) that an ongoing supply of the pharmaceutical benefit is authorised for the period of validity of the chart;
(ii) 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; and
(b) the prescription is not for the supply of a pharmaceutical benefit referred to in Schedule 8 to the current Poisons Standard (within the meaning of the Therapeutic Goods Act 1989) to a person receiving treatment in or at an approved residential care home.
(6) If paragraphs (5)(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.
(7) However, for a supply:
(a) on the basis of a prescription referred to in subparagraph (5)(a)(i); or
(b) referred to in subsection (6);
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.
Matters in relation to electronic medication charts
(8) For the purposes of subparagraph (2)(aa)(i), the electronic medication chart seen by the approved supplier:
(a) must include the information mentioned in subparagraph 41(2)(a)(iii) (about dose, frequency of administration and route of administration) that is written in the chart in respect of the person for whom the pharmaceutical benefit is prescribed; but
(b) does not need to include other information in the electronic medication chart about the administration of the pharmaceutical benefit to the person.
Information requirements for copies of electronic medication charts
(9) The Secretary may, in writing, specify information requirements for the purposes of paragraph (2A)(a).