51Repeated supplies of pharmaceutical benefits

#### 51 Repeated supplies of pharmaceutical benefits (1) A pharmaceutical benefit must not be supplied a number of times greater than the number specified in the prescription. (2) Subsection (3) applies to a pharmaceutical benefit in relation to which: (a) the Minister determines, under paragraph 85A(2)(b) of the Act, that the maximum number of occasions on which the supply of the benefit may, in one prescription, be directed to be repeated is more than 4; and (b) the Minister determines, under paragraph 85A(2)(c) of the Act, that the manner of administration that may, in a prescription, be directed to be used in relation to the benefit is administration otherwise than by application to the eye. (3) A pharmaceutical benefit to which this subsection applies may be supplied to the person in respect of whom the prescription for the supply of the benefit was written if: (a) the supplier of the benefit reasonably believes that the person has not received a supply of the pharmaceutical benefit, another pharmaceutical benefit that has the same pharmaceutical item as the pharmaceutical benefit or another pharmaceutical benefit that is Schedule equivalent to the pharmaceutical benefit: (i) in the period specified under subsection 84AAA(2) of the Act for the pharmaceutical benefit immediately preceding the day on which it is to be supplied to the person; or (ii) if no period is so specified—in the period of 20 days immediately preceding the day on which it is to be supplied to the person; or (b) the supplier of the benefit: (i) reasonably believes that a supply of the pharmaceutical benefit that was previously supplied to the person has been destroyed, lost or stolen; and (ii) writes the words “immediate supply necessary” on the Medicare /DVA copy (for a paper‑based prescription) or on the prescription (for an electronic prescription); and (iii) signs the Medicare/DVA copy or the electronic prescription, as the case requires; or (c) the supplier of the benefit: (i) reasonably believes that, having regard to the person’s circumstances, the supply of the benefit is necessary, without delay, for the treatment of the person; and (ii) writes the words “immediate supply necessary” on the Medicare /DVA copy (for a paper‑based prescription) or on the prescription (for an electronic prescription); and (iii) signs the Medicare/DVA copy or the electronic prescription, as the case requires. (4) A pharmaceutical benefit other than a benefit to which subsection (3) applies may be supplied to the person in respect of whom the prescription for the supply of the benefit was written if: (a) the supplier of the benefit reasonably believes that the person has not received a supply of the pharmaceutical benefit, another pharmaceutical benefit that has the same pharmaceutical item as the pharmaceutical benefit or another pharmaceutical benefit that is Schedule equivalent to the pharmaceutical benefit: (i) in the period specified under subsection 84AAA(2) of the Act for the pharmaceutical benefit immediately preceding the day on which it is to be supplied to the person; or (ii) if no period is so specified—in the period of 4 days immediately preceding the day on which it is to be supplied to the person; or (b) the supplier of the benefit: (i) reasonably believes that a supply of the pharmaceutical benefit that was previously supplied to the person has been destroyed, lost or stolen; and (ii) writes the words “immediate supply necessary” on the Medicare /DVA copy (for a paper‑based prescription) or on the prescription (for an electronic prescription); and (iii) signs the Medicare/DVA copy or the electronic prescription, as the case requires; or (c) the supplier of the benefit: (i) reasonably believes that, having regard to the person’s circumstances, the supply of the benefit is necessary, without delay, for the treatment of the person; and (ii) writes the words “immediate supply necessary” on the Medicare /DVA copy (for a paper‑based prescription) or on the prescription (for an electronic prescription); and (iii) signs the Medicare/DVA copy or the electronic prescription, as the case requires. Continued dispensing supplies (5) Subject to subsection (2), if the pharmaceutical benefit is supplied to a person by an approved pharmacist (the supplier) under subsection 89A(1) of the Act, subsection (3) or (4) applies as if: (a) the person had presented the supplier with a prescription that: (i) had been written by a PBS prescriber in accordance with the Act and this instrument; and (ii) did not include a medicare number; and (iii) did not direct a repeated supply of the pharmaceutical benefit; and (b) subparagraphs (3)(b)(ii) and (c)(ii) or (4)(b)(ii) and (c)(ii) were omitted, and the words “immediate supply necessary” were required to be written on the repeat authorisation form for the supply; and (c) subparagraphs (3)(b)(iii) and (c)(iii) or (4)(b)(iii) and (c)(iii) were omitted, and the supplier were required to sign the repeat authorisation form referred to in paragraph (b). Medication chart prescriptions (6) Subject to subsection (2), if the pharmaceutical benefit is supplied by an approved supplier on the basis of a medication chart prescription: (a) subsection (1) does not apply; and (b) subsection (3) or (4) applies as if the words “immediate supply necessary” and the supplier’s signature were required to be written by the approved supplier on the part of the medication chart, or the part of the copy of that chart, that contains the completed section by which the prescription was written.