National Health (Pharmaceutical Benefits) Regulations 2017
45Supply of pharmaceutical benefit on basis of medication chart prescription
Start here
Get a plain-English read of 45
Turn the raw legal text into a practical explanation grounded in National Health (Pharmaceutical Benefits) Regulations 2017.
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.