National Health (Pharmaceutical Benefits) Regulations (Amendment) (Cth)

Statutory Rules 1987 No. 471

National Health (Pharmaceutical Benefits)

Regulations2 (Amendment)

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the National Health Act 1953.

Dated 26 March 1987.

N. M. STEPHEN

Governor-General

By His Excellency’s Command,

Neal Blewett

Minister of State for Health

 

Commencement

1. These Regulations shall come into operation on 1 April 1987.

Principal Regulations

2. In these Regulations, “Principal Regulations” means the National Health (Pharmaceutical Benefits) Regulations.

Repeal of regulations 10, 11, 12 and 14

3. Regulations 10, 11, 12 and 14 of the Principal Regulations are repealed.

Writing of prescriptions

4. Regulation 19 of the Principal Regulations is amended:

(a) by omitting from subregulation (1) “regulation 14” and substituting “by the Secretary”;

(b) by omitting paragraph (1) (h) and substituting the following paragraph:

“(h) if the prescription:

(i) is for the supply of a pharmaceutical benefit the supply of which is authorised only in the circumstances specified in a declaration under subsection 85 (2), or

(S. R. 53/87)—Cat. No.  14/17.3.1987

 

a determination under section 85a, of the Act; and

(ii) is written in one of those circumstances;

marks the prescription in his or her own handwriting with the words ‘specified purpose’ or with an abbreviation of those words;”; and

(c) by omitting from subregulation (1a) “regulation 14” and substituting “by the Secretary”.

Recovery of cost of pharmaceutical benefits prescribed for persons not entitled or in excessive quantities

5. Regulation 20 of the Principal Regulations is amended by omitting paragraph (1) (a) and substituting the following paragraph:

“(a) a medical practitioner:

(i) before 1 April 1987—prescribed a pharmaceutical benefit, as specified in the report, otherwise than in a circumstance prescribed in relation to that pharmaceutical benefit by subregulation 14 (2) of these Regulations as in force on the date on which he or she prescribed the pharmaceutical benefit; or

(ii) on or after 1 April 1987—prescribed a pharmaceutical benefit, as specified in the report, otherwise than in a circumstance specified in relation to that pharmaceutical benefit in a declaration under subsection 85 (2) of the Act, being a declaration as in force on the date on which the medical practitioner prescribed the pharmaceutical benefit; or”.

Supply of pharmaceutical benefits on prescriptions

6. Regulation 21 of the Principal Regulations is amended:

(a) by omitting from subregulation (1) “regulation 14” and substituting “by the Secretary”;

(b) by omitting paragraphs (1) (d) and (e);

(c) by omitting from subregulation (2) “regulation 14” and substituting “by the Secretary”; and

(d) by omitting from subregulation (3) “or 14” and substituting “or by the Secretary”.

Supply of pharmaceutical benefits before surrender of written prescription

7. Regulation 22 of the Principal Regulations is amended by omitting subregulation (2) and substituting the following subregulation:

“(2) Where:

(a) the prescribing of a pharmaceutical benefit by a medical practitioner is subject to the condition that the written authority of the Secretary be obtained;

(b) a numbered authority for the supply of the pharmaceutical benefit has not been given to the medical practitioner by the Secretary; and

(c) the medical practitioner informs an approved pharmacist or approved medical practitioner that the first-named medical practitioner has

 

been notified by the Secretary, by oral or other means, that the medical practitioner’s application for the numbered authority has been approved;

the approved pharmacist or approved medical practitioner may supply the pharmaceutical benefit.”.

Supply of pharmaceutical benefit on first presentation of prescription

8. Regulation 23 of the Principal Regulations is amended:

(a) by omitting from subregulation (1) “regulation 14” and substituting “by the Secretary”; and

(b) by omitting from subregulation (2) “or 14” and substituting “or by the Secretary”.

Repeat authorisations

9. Regulation 26 of the Principal Regulations is amended:

(a) by omitting from paragraph (1) (e) “or 14” and substituting “or by the Secretary”; and

(b) by omitting from paragraph (2) (c) “regulation 14” and substituting “by the Secretary”.

Receipts

10. Regulation 31 of the Principal Regulations is amended by omitting from paragraphs (1) (a) and (b) “regulation 14” and substituting “by the Secretary”.

Standards of composition and purity of pharmaceutical benefits and additives

11. Regulation 35 of the Principal Regulations is amended:

(a) by omitting from paragraph (1) (a) “Schedule 3” and substituting “a declaration under subsection 85 (2) of the Act”; and

(b) by omitting from paragraph (1) (b) “a substance specified din Schedule 4” and substituting “an additive specified in a declaration under subsection 85 (2) of the Act”.

Repeal of Schedules

12. Schedules 1 to 5 (inclusive) to the Principal Regulations are repealed.

 

NOTES

1. Notified in the Commonwealth of Australia Gazette on 31 March 1987.

2. Statutory Rules 1960 No. 17 as amended by 1960 Nos. 90 and 102; 1961 Nos. 59 and 137; 1962 Nos. 34, 101 and 114; 1963 Nos. 34, 69 and 107; 1964 Nos. 12, 57 and 135; 1965 Nos. 51, 151 and 152; 1966 Nos. 80 and 144; 1967 Nos. 67, 116 and 158; 1968 Nos. 44, 76, 88 and 146; 1969 Nos. 44, 107 and 185; 1970 Nos. 39, 94, 119 and 186; 1971 Nos. 44, 101, 136 and 154; 1972 Nos. 32, 121 and 205; 1973 Nos. 15, 57, 139 and 229; 1974 Nos. 37, 126 and 222; 1975 Nos. 50, 148 and 209; 1976 Nos. 84, 150, 195 and 255; 1977 Nos. 39, 125 and 221; 1978 Nos. 47, 142, 153 and 245; 1979 Nos. 51, 55, 144 and 250; 1980 Nos. 69, 213 and 338; 1981 Nos. 52, 212, 218 and 345; 1982 Nos. 69, 76, 179, 334 and 372; 1983 Nos. 28, 102, 116 and 292; 1984 Nos. 50, 148, 169 and 342; 1985 Nos. 32, 184 and 320; 1986 Nos. 38, 194, 319, 320 and 391.

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