48Supply of pharmaceutical benefits before surrender of written prescription

#### 48 Supply of pharmaceutical benefits before surrender of written prescription Supply in cases of urgency (1) Subject to this section, a pharmaceutical benefit may be supplied to a person, in a case of urgency, by an approved pharmacist or an approved medical practitioner (the supplier) before the prescription for that pharmaceutical benefit is given to the supplier if: (a) a PBS prescriber advises the supplier of the details of the prescription; or (b) a PBS prescriber has given the supplier a copy of the prescription. Authority prescriptions (2) If the prescription is or would be an authority prescription, the supplier may supply the pharmaceutical benefit under subsection (1) only if: (a) if the pharmaceutical benefit prescribed has a relevant streamlined authority code—the PBS prescriber informs the supplier of that code before the pharmaceutical benefit is supplied; or (b) otherwise: (i) the Minister or the Chief Executive Medicare has notified the PBS prescriber (orally or by other means) that each relevant authorisation will be given; and (ii) the PBS prescriber informs the supplier of that notification before the pharmaceutical benefit is supplied. Requirement for prescription to be received or accessible after supply (3) A PBS prescriber referred to in subsection (1) must ensure that, for a paper‑based prescription, the pharmacist/patient copy and the Medicare/DVA copy of the prescription are received by the relevant pharmacist or medical practitioner no later than 7 days after the day on which the benefit was supplied. (4) A PBS prescriber referred to in subsection (1) must ensure that, for an electronic prescription, the prescription is accessible by the relevant pharmacist or medical practitioner no later than 7 days after the day on which the benefit was supplied. (5) A PBS prescriber who has communicated with an approved pharmacist or approved medical practitioner under subsection (2) must ensure that, for a paper‑based prescription, the pharmacist/patient copy and the Medicare/DVA copy of the prescription are received by the relevant pharmacist or medical practitioner no later than 7 days after the day on which the benefit was supplied. (6) A PBS prescriber who has communicated with an approved pharmacist or approved medical practitioner under subsection (2) must ensure that, for an electronic prescription, the prescription is accessible by the relevant pharmacist or medical practitioner no later than 7 days after the day on which the benefit was supplied. (7) A PBS prescriber commits an offence if he or she contravenes subsection (3), (4), (5) or (6). Penalty: 0.2 penalty units. (8) An offence against subsection (7) is an offence of strict liability. Section does not apply to certain pharmaceutical benefits (9) This section does not apply to: (a) a pharmaceutical benefit if: (i) the pharmaceutical benefit would be supplied under this section by an approved pharmacist; and (ii) the relevant prescription must be in writing under a law in force in the State or Territory in which the premises, at or from which the pharmaceutical benefit would be supplied, are located; or (b) a pharmaceutical benefit if: (i) the pharmaceutical benefit would be supplied under this section by an approved medical practitioner; and (ii) the relevant prescription must be in writing under a law in force in the area in respect of which the medical practitioner is approved; or (c) in any case—a pharmaceutical benefit to be supplied on the basis of a medication chart prescription.