Health Legislation Amendment (Prescribing of Pharmaceutical Benefits) Act 2026

Health Legislation Amendment (Prescribing of Pharmaceutical Benefits) Act 2026

No. 65, 2026

An Act relating to the provision of pharmaceutical benefits, and for related purposes

Contents

1 Short title

2 Commencement

3 Schedules

Schedule 1—Amendments

Health Insurance Act 1973

National Health Act 1953

Health Legislation Amendment (Prescribing of Pharmaceutical Benefits) Act 2026

No. 65, 2026

An Act relating to the provision of pharmaceutical benefits, and for related purposes

[Assented to 6 July 2026]

The Parliament of Australia enacts:

1  Short title

  This Act is the Health Legislation Amendment (Prescribing of Pharmaceutical Benefits) Act 2026.

2  Commencement

 (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.

 (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.

3  Schedules

  Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1—Amendments

Health Insurance Act 1973

1  Subsection 81(1)

Insert:

eligible nurse prescriber has the same meaning as in Part VII of the National Health Act 1953.

2  Subsection 81(1) (after paragraph (db) of the definition of practitioner)

Insert:

 (dc) an eligible nurse prescriber; or

3  Subsection 81(1) (after paragraph (cb) of the definition of profession)

Insert:

 (cc) the practice of an eligible nurse prescriber;

4  Subsection 81(1) (paragraph (b) of the definition of service)

Omit “or a nurse practitioner”, substitute “, a nurse practitioner or an eligible nurse prescriber”.

5  Subsection 92(7) (after paragraph (bc) of the definition of Part VII authority)

Insert:

 (bd) the approval of an eligible nurse prescriber as an authorised nurse prescriber under section 84AAN of that Act;

6  Subsection 106U(5) (after paragraph (bc) of the definition of Part VII authority)

Insert:

 (bd) the approval of an eligible nurse prescriber as an authorised nurse prescriber under section 84AAN of that Act;

National Health Act 1953

7  Subsection 4(2)

Omit “or (1E)”, substitute “, (1E) or (1EAA)”.

8  Subsection 84(1)

Insert:

authorised nurse prescriber means an eligible nurse prescriber in relation to whom an approval is in force under section 84AAN.

eligible nurse prescriber has the meaning given by section 84AAM.

nurse prescriber treatment, in relation to an authorised nurse prescriber, means treatment that the authorised nurse prescriber is authorised (however described) to provide under a law of a State or an internal Territory.

9  Subsection 84(1) (at the end of the definition of PBS prescriber)

Add:

 ; or (f) an authorised nurse prescriber.

10  Subsection 84(1) (at the end of the definition of prescriber bag provisions)

Add:

 ; (d) section 93AC (supplies by authorised nurse prescribers).

11  After section 84AAL

Insert:

84AAM  Meaning of eligible nurse prescriber

 (1) For the purposes of this Part, a person is an eligible nurse prescriber if the person:

 (a) is a registered nurse; and

 (b) meets the requirements set out in a determination made under subsection (3).

 (2) However, if there is no determination in force under subsection (3), a person cannot be an eligible nurse prescriber for the purposes of this Part.

 (3) The Minister may, by legislative instrument, determine one or more requirements that a specified person must meet in order to be an eligible nurse prescriber for the purposes of this Part.

 (4) The requirements that may be determined under subsection (3), include (but are not limited to) one or more of the following:

 (a) a requirement to hold particular qualifications in nursing;

 (b) a requirement to have particular experience in nursing;

 (c) a requirement to be endorsed by a particular body.

84AAN  Authorised nurse prescriber

 (1) An eligible nurse prescriber may apply to the Secretary, in writing, to be an authorised nurse prescriber for the purposes of this Part.

 (2) The Secretary may approve the application if satisfied that the eligible nurse prescriber meets the criteria determined under paragraph (3)(a). The approval is subject to any conditions determined under paragraph (3)(b).

 (3) The Minister may, by legislative instrument, determine either or both of the following:

 (a) criteria by which applications are to be considered under this section;

 (b) conditions to which approvals under this section are subject.

 (4) Without limiting paragraph (3)(a), the criteria may include the following:

 (a) a requirement to have an agreement (a nurse prescriber agreement) in place with one or more other kinds of PBS prescribers;

 (b) a requirement to have specified features in a nurse prescriber agreement.

 (5) Without limiting paragraph (3)(b), the conditions may include the following:

 (a) a condition that nurse prescriber agreements are to be retained and produced to the Secretary on request;

 (b) a condition that the eligible nurse prescriber does not, under a nurse prescriber agreement, prescribe a pharmaceutical benefit that could not be prescribed by a PBS prescriber with whom the agreement is made.

 (6) The Secretary must, as soon as practicable, approve or reject an application under subsection (1) and notify the applicant in writing of the decision.

Note: Section 266 of the Administrative Review Tribunal Act 2024 requires the person to be notified of the person’s review rights.

84AAP  Secretary may suspend or revoke approval of authorised nurse prescriber

 (1) The Secretary may suspend or revoke an approval under section 84AAN if satisfied that the person to whom the approval relates:

 (a) is not, at the time of the suspension or revocation, an eligible nurse prescriber; or

 (b) does not, at the time of the suspension or revocation, meet the criteria that would apply if the person were to apply under subsection 84AAN(1) to be an authorised nurse prescriber at that time; or

 (c) has breached a condition to which the approval is subject under paragraph 84AAN(3)(b); or

 (d) has breached a condition to which an approval would be subject under paragraph 84AAN(3)(b) if the person were to apply under subsection 84AAN(1) to be an authorised nurse prescriber at that time.

 (2) Before deciding to suspend or revoke the approval, the Secretary must notify the person that suspension or revocation is being considered. The notice must:

 (a) be in writing; and

 (b) include the Secretary’s reasons for considering the suspension or revocation; and

 (c) invite the person to make written submissions to the Secretary within the period of 28 days (the submission period) after being given the notice.

 (3) In deciding whether to suspend or revoke the approval, the Secretary must consider any written submissions made by the person during the submission period.

 (4) The Secretary must give to the person written notice of the decision. If the decision is to suspend an approval, the notice must specify the period for which the approval is suspended.

Note: Section 266 of the Administrative Review Tribunal Act 2024 requires the person to be notified of the person’s review rights.

 (5) If the Secretary does not give the person written notice of the decision within the period of 60 days after the end of the submission period, the Secretary is taken to have decided not to suspend or revoke the approval.

 (6) If the Secretary suspends the approval, the Secretary may, by written notice at any time, further suspend or revoke the approval under subsection (1) or remove the suspension.

84AAQ  Review of decisions relating to authorised nurse prescribers

 (1) If the Secretary:

 (a) decides not to approve an eligible nurse prescriber under section 84AAN; or

 (b) suspends or revokes an approval under section 84AAP;

the person to whom the approval relates may apply, in writing, to the Secretary for reconsideration by the Secretary of the decision.

 (2) On receiving an application under subsection (1) relating to a decision not to approve an eligible nurse prescriber under section 84AAN, the Secretary must reconsider the decision and:

 (a) affirm the decision; or

 (b) approve the eligible nurse prescriber.

An approval under paragraph (b) is taken, for the purposes of this Act, to be an approval under section 84AAN.

 (3) On receiving an application under subsection (1) relating to a suspension or revocation of an approval under section 84AAP, the Secretary must reconsider the decision and:

 (a) affirm the suspension or revocation; or

 (b) reinstate the approval.

A reinstatement under paragraph (b) has effect as if the approval had never been revoked.

 (4) The Secretary must give to the applicant written notice of the Secretary’s decision under subsection (2) or (3).

Note: Sections 105AC of this Act and 266 of the Administrative Review Tribunal Act 2024 require the person to be notified of the person’s review rights.

 (5) In this section:

decision has the same meaning as in the Administrative Review Tribunal Act 2024.

12  After subparagraph 86(1)(b)

Insert:

 or (vi) nursing treatment by an authorised nurse prescriber;

13  Subsection 87(3)

Omit “or authorised nurse practitioner”, substitute “, authorised nurse practitioner or authorised nurse prescriber”.

14  After subsection 88(1E)

Insert:

 (1EAA) Subject to this Part, an authorised nurse prescriber is authorised to write a prescription on or after 1 July 2026 for the supply of any pharmaceutical benefit determined from time to time by the Minister for the purposes of this subsection, by legislative instrument.

15  Subsection 88(1EA)

Omit “or (1E)”, substitute “, (1E) or (1EAA)”.

16  Subsection 88(1F)

Omit “or (1E)”, substitute “, (1E) or (1EAA)”.

17  At the end of subsection 88(3)

Add:

 ; or (f) by an authorised nurse prescriber otherwise than in relation to the nursing treatment by the authorised nurse prescriber of a person requiring that pharmaceutical benefit.

18  Subsection 88(6A)

Omit “or authorised nurse practitioner”, substitute “, authorised nurse practitioner or authorised nurse prescriber”.

19  Paragraph 89(b)

After “section 93AB,”, insert “section 93AC,”.

20  After section 93AB

Insert:

93AC  Prescriber bag supplies—authorised nurse prescribers

 (1) Except as prescribed by the regulations, an authorised nurse prescriber is authorised to supply such pharmaceutical benefits as the Minister, by legislative instrument, determines to persons who are entitled under this Part to receive those pharmaceutical benefits.

 (2) For the purposes of this section, the Minister may, by legislative instrument, determine the maximum quantity or number of units of a pharmaceutical benefit which may be obtained by an authorised nurse prescriber during a specified period.

 (3) The regulations may make provision for or in relation to the obtaining of pharmaceutical benefits by an authorised nurse prescriber for the purposes of this section.

 (4) The regulations may make provision for or in relation to payments by the Commonwealth in respect of the supply of pharmaceutical benefits under this section.

21  After paragraph 98(1)(e)

Insert:

 or (f) an authorised nurse prescriber requests that the authorised nurse prescriber’s approval as an authorised nurse prescriber under section 84AAN be cancelled;

22  After paragraph 99ZJ(4)(ab)

Insert:

 (ac) a letter from an authorised nurse prescriber signed on or after 1 July 2026 to that effect; or

23  Subparagraph 99ZJ(4)(b)(ii)

Omit “or authorised nurse practitioner”, substitute “, authorised nurse practitioner or authorised nurse prescriber”.

24  At the end of subsection 99ZJ(4A)

Add:

 ; or (c) for substances prescribed by an authorised nurse prescriber—on or after 1 July 2026.

25  After subparagraph 99ZK(3)(c)(iiia)

Insert:

 (iiib) a letter from an authorised nurse prescriber signed on or after 1 July 2026 to that effect; or

26  Paragraph 103(4AA)(a)

Omit “or the nurse practitioner treatment by an authorised nurse practitioner,”, substitute “the nurse practitioner treatment by an authorised nurse practitioner, or the nursing treatment by an authorised nurse prescriber,”.

27  Subsection 105AB(3)

Omit “or 84AAL(2)(a) or (3)(a)”, substitute “, 84AAL(2)(a) or (3)(a) or 84AAQ(2)(a) or (3)(a)”.

28  After paragraph 133(1)(bc)

Insert:

 (bd) in the case of a defendant who is an authorised nurse prescriber—suspend:

 (i) the approval of that person under section 84AAN; or

 (ii) the authority to supply prescribed pharmaceutical benefits conferred upon that person by section 93AC; or

29  Subsection 133(6)

After “nurse practitioner”, insert “, a registered nurse”.

30  Subsection 133(7)

Insert:

authorised nurse prescriber has the same meaning as in Part VII.

31  After paragraph 134(1)(da)

Insert:

 or (e) the approval of a person as an authorised nurse prescriber under section 84AAN is suspended or revoked;

32  After paragraph 134(4)(c)

Insert:

 (ca) an approval of a person as an authorised nurse prescriber under section 84AAN;

33  At the end of subsection 134(4)

Add:

 ; or (f) an authority conferred upon an authorised nurse prescriber by section 93AC.

34  Paragraph 135A(6)(gb)

Omit “nurse practitioners, or the authorisation (however described) of persons to practise as nurse practitioners”, substitute “registered nurses or nurse practitioners, or the authorisation (however described) of persons to practise as registered nurses or nurse practitioners”.

35  After paragraph 139A(1)(dd)

Insert:

 (dda) a person was or was not an authorised nurse prescriber under section 84AAN;

36  Paragraph 139A(1)(de)

Omit “or 93AB”, substitute “, 93AB or 93AC”.

[Minister’s second reading speech made in—

House of Representatives on 26 November 2025

Senate on 5 February 2026]