EXPLANATORY STATEMENT
STATUTORY RULES 1987 No 279
ISSUED BY AUTHORITY OF THE
MINISTER FOR COMMUNITY SERVICES AND HEALTH
NATIONAL HEALTH ACT 1953
NATIONAL HEALTH (PHARMACEUTICAL BENEFITS) REGULATIONS (AMENDMENT)
Section 104 of the National Health Act 1953 (“the Act”) provides that the Governor-General may make regulations, not inconsistent with the Act, prescribing all matters which by the Act are required or permitted to be prescribed for carrying out or giving effect to the Act.
In particular, section 105 of the Act provides that the regulations may -
“(a) make provision for or in relation to the writing of prescriptions”.
Regulation 19 of the National Health (Pharmaceutical Benefits) Regulations sets out requirements for the writing of a duly-written prescription. Paragraph 19(a)(h) requires the prescribing medical practitioner (or participating dental practitioner, as the case may be), when prescribing a pharmaceutical benefit the supply of which is authorised only in circumstances specified in a declaration under ss85(2) or a determination under s85A of the Act to mark that prescription as a “Specified Purpose” or “S.P.” prescription.
Pre-printed NHS prescription forms are supplied to approved medical practitioners. When a “Special Purpose” pharmaceutical benefit has been prescribed, the medical practitioner is therefore required to clearly identify that prescription as a “Specified Purpose” prescription by adding the words “Specified Purpose” or an abbreviation thereof. This enables the pharmacist to claim reimbursement for the supply of such pharmaceutical benefits, which are subject to restrictions laid down in declarations by the Minister under sub-section 85(2) or determinations under section 85A of the Act.
The system in practice has fallen down because many medical practitioners fail to observe this requirement thereby causing problems to both the pharmacist and the Departments. Abolition of this requirement and the introduction of other administrative measures to monitor the supply of such “Specified Purpose” pharmaceutical benefits, was among one of the recommendations of a review carried out by the Efficiency Scrutiny Unit into the manner in which pharmaceutical benefits are paid pursuant to Part VII of the Act.
This amendment to Regulation 19 removes this requirement, currently contained in paragraph (1)(h) of the Regulations.
The amendment is to take effect from 1 December 1987.