National Health Act 1953 - Determination under section 93 - Pharmaceutical benefits supplied by medical practitioners (No. PB 57 of 2007)

Administered by Department of Health, Disability and Ageing

Legislation au F2007L02403 Not in force Legislative Instrument

Legislation content

Pharmaceutical benefits supplied by medical practitioners (PB 57 of 2007)

as amended

made under section 93 of the

National Health Act 1953

This compilation was prepared on 1 October 2009
taking into account amendments up to PB 91 of 2009

Prepared by the Office of Legislative Drafting and Publishing,
Attorney-General’s Department, Canberra

Pharmaceutical benefits supplied by medical practitioners (PB 57 of 2007)

 

Commencement [see Note 1]

1. This instrument commences on 1 August 2007.

Repeal

2. Determination No. PB 35 of 2006 under section 93 of the National Health Act 1953, made on 26 July 2006 with effect from 1 August 2006, is repealed.

Pharmaceutical benefits

3. A pharmaceutical benefit which has a listed drug in a form mentioned in the Schedule is a pharmaceutical benefit which a medical practitioner is authorised to supply.

Maximum quantity or number of units

4. The maximum quantity or number of units of a pharmaceutical benefit which may be obtained by a medical practitioner in any period of one month is the quantity or number of units mentioned in the Schedule under the column “maximum quantity” for the listed drug in the form mentioned less the quantity or number of units of the pharmaceutical benefit previously obtained in accordance with section 93 of the Act and still in the possession of the medical practitioner.

 

Adrenaline

Injection 1 mg (as acid tartrate) in 1 mL (1 in 1,000)

5

Atropine

Injection containing atropine sulfate 600 micrograms in 1 mL

10

Benztropine

Injection containing benztropine mesylate 2 mg in 2 mL

5

Benzylpenicillin

Powder for injection 600 mg (as sodium)

10

OR

 

 

Procaine Penicillin

Injection 1.5 g in disposable syringe

5

Benzylpenicillin

Powder for injection 3 g (as sodium)

1

Chlorpromazine

Injection containing chlorpromazine hydrochloride 50 mg in 2 mL

10

OR

 

 

Haloperidol

Injection 5 mg in 1 mL

10

Clonazepam

Oral liquid 2.5 mg per mL, 10 mL

1

Dexamethasone

Injection containing dexamethasone sodium phosphate equivalent to 4 mg dexamethasone phosphate in 1 mL

5

OR

 

 

Hydrocortisone

Injection 100 mg (as sodium succinate) with 2 mL solvent

2

OR

 

 

Hydrocortisone

Injection 250 mg (as sodium succinate) with 2 mL solvent

1

Diazepam

Injection 10 mg in 2 mL

5

Dihydroergotamine

Injection containing dihydroergotamine mesylate 1 mg in 1 mL

5

Diphtheria and tetanus vaccine, adsorbed, diluted for adult use

Injection 0.5 mL in pre-filled syringe

20

Frusemide

Injection 20 mg in 2 mL

5

Glucagon

Injection set containing glucagon hydrochloride 1 mg (1 I.U.) and 1 mL solvent in disposable syringe

1

Glyceryl Trinitrate

Sublingual spray (pump pack) 400 micrograms per dose, 200 doses

1

Hyoscine

Injection containing hyoscine butylbromide 20 mg in 1 mL

5

Lignocaine

Injection containing lignocaine hydrochloride 100 mg in 5 mL

5

Metoclopramide

Injection containing metoclopramide hydrochloride 10 mg in 2 mL

10

OR

 

 

Prochlorperazine

Injection containing prochlorperazine mesylate 12.5 mg in 1 mL

10

Morphine

Injection containing morphine sulfate 15 mg in 1 mL

5

OR

 

 

Morphine

Injection containing morphine sulfate 30 mg in 1 mL

5

Naloxone

Injection containing naloxone hydrochloride 2 mg in 5 mL disposable injection set

2

Promethazine

Injection containing promethazine hydrochloride 50 mg in 2 mL

10

Salbutamol

Pressurised inhalation 100 micrograms (as sulfate) per dose, 200 doses (CFC-free formulation)

1

OR

 

 

Salbutamol

Nebuliser solution 2.5 mg (as sulfate) in 2.5 mL single dose units, 30

1

Salbutamol

Nebuliser solution 5 mg (as sulfate) in 2.5 mL single dose units, 30

1

Terbutaline

Injection containing terbutaline sulfate 500 micrograms in 1mL

5

Tramadol

Injection containing tramadol hydrochloride 100 mg in 2 mL

5

Verapamil

Injection containing verapamil hydrochloride 5 mg in 2 mL

5

 

 

Notes to the Pharmaceutical benefits supplied by medical practitioners (PB 57 of 2007)

Note 1

The Pharmaceutical benefits supplied by medical practitioners (PB 57 of 2007) (in force under section 93 of the National Health Act 1953) as shown in this compilation is amended as indicated in the Tables below.

Table of Instruments

Title

Date of FRLI Registration

Date of
commencement

Application, saving or
transitional provisions

PB 57 of 2007

31 July 2007 (see F2007L02403)

1 Aug 2007

 

PB 72 of 2007

12 Sept 2007 (see F2007L03623)

1 Oct 2007

—

PB 63 of 2008

11 June 2008 (see F2008L02053)

1 July 2008

—

PB 91 of 2009

17 Sept 2009 (see F2009L03541)

1 Oct 2009

—

Table of Amendments

ad. = added or inserted      am. = amended      rep. = repealed      rs. = repealed and substituted

Provision affected

How affected

The Schedule

 

The Schedule..........

am. PB 72 of 2007; PB 63 of 2008; PB 91 of 2009

 

Overview

The Pharmaceutical benefits supplied by medical practitioners (PB 57 of 2007) legislative instrument, enacted under section 93 of the National Health Act 1953, came into force on 1 August 2007. This legislation aims to address the gap in the supply of specific pharmaceutical benefits by medical practitioners. The Pharmaceutical Benefits Scheme (PBS) provides for the supply of certain medications to the public, but this instrument extends the scheme to allow medical practitioners to supply specific drugs directly to patients. The policy objective is to ensure that critical medications are readily available in emergency situations where immediate access is necessary. This legislative instrument was prepared by the Office of Legislative Drafting and Publishing, Attorney-General’s Department, and it repealed the previous Determination No. PB 35 of 2006, which had been in effect since 1 August 2006. The instrument has been subject to subsequent amendments, with the most recent changes taking effect on 1 October 2009.

Scope and Application

The Pharmaceutical benefits supplied by medical practitioners (PB 57 of 2007) is a legislative instrument made under section 93 of the National Health Act 1953, governing the authorisation of medical practitioners to supply pharmaceutical benefits. This instrument applies to medical practitioners in Australia and specifies the maximum quantity or number of units of pharmaceutical benefits they can obtain in any one-month period. The Act lists various drugs and their maximum quantities, ensuring that medical practitioners adhere to these limits when supplying these medications. The Act's jurisdiction is national, applying across all states and territories in Australia, and it was last amended on 1 October 2009. There are no stated exclusions or exemptions in the Act, but the application of the legislation can be extended or restricted through subordinate instruments, such as amendments to the Schedule. These amendments update the list of drugs and their corresponding maximum quantities, ensuring the legislation remains relevant and effective.

Key Provisions

The Pharmaceutical Benefits supplied by medical practitioners (PB 57 of 2007) outlines the pharmaceutical benefits that medical practitioners are authorised to supply. According to section 3, these benefits include any listed drugs in forms mentioned in the Schedule. Section 4 details the maximum quantity or number of units that a medical practitioner can obtain of a pharmaceutical benefit in any one-month period, which is the quantity mentioned in the Schedule less any previously obtained quantities still in the practitioner's possession. The Act imposes several obligations on medical practitioners. Firstly, they must ensure that they are familiar with the listed drugs and their maximum quantities as specified in the Schedule. Secondly, they must adhere to the prescribed limits on the quantity or number of units they can obtain each month. These obligations are crucial for maintaining the integrity of the pharmaceutical supply system and ensuring that medications are available to those who need them. Failure to comply with the provisions of this Act can lead to civil or criminal consequences. The Act does not specify particular offences, penalties, or consequences for breach, but given the context of the National Health Act 1953, breaches could potentially result in fines or other penalties under related legislation. The exact penalties would depend on the specific nature of the breach and other applicable laws.

Legal classification tags

Area of Law
Health Law
Instrument
Legislative Instrument
Concepts
Commencement Provisions
Licensing & Registration
Reporting & Disclosure Obligations

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