STATUTORY RULES
1971 No.
REGULATIONS UNDER THE NATIONAL HEALTH ACT 1953-1971.*
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the National Health Act 1953-1971.
Dated this twenty-fifth day of October, 1971.
Paul Hasluck
Governor-General.
By His Excellency’s Command,
Minister of State for Health.
AMENDMENTS OF THE NATIONAL HEALTH (PHARMACEUTICAL BENEFITS) REGULATIONS†
Commencement.
1. These Regulations shall come into operation on the first day of November, 1971.
* Notified in the Commonwealth Gazette on 1971.
† Statutory Rules 1960, No. 17, as amended to date. For previous amendments of the National Health (Pharmaceutical Benefits) Regulations see footnote † to Statutory Rules 1971, No. 44, and see also Statutory Rules 1971, Nos.44 and 101.
Writing of prescriptions.
2. Regulation 19 of the National Health (Pharmaceutical Benefits) Regulations is amended by inserting in paragraph (a) of sub-regulation (1.), after the word “pensioner”, the words “or the prescription is marked in accordance with the next succeeding regulation”.
3. After regulation 19 of the National Health (Pharmaceutical Benefits) Regulations the following regulation is inserted:-
Marking of prescription in respect of subsidized beneficiary.
“19A.-(1.) For the purposes of the definition of ‘the appropriate maximum amount’ in sub-section (1.) of section 84 of the Act, a prescription written by a medical practitioner is marked as a prescription in respect of a subsidized beneficiary if-
(a) in the case of a prescription for the supply of a pharmaceutical benefit to a subsidized beneficiary in respect of whom a Subsidized Health Benefits Entitlement Certificate issued by the Commonwealth is in force - the letters ‘S.H.B.’ followed by the serial number appearing on that certificate are written on the prescription by the medical practitioner; or
(b) in the case of a prescription for the supply of a pharmaceutical benefit to a subsidized beneficiary who is a dependant, or the dependant of a dependant, of a subsidized beneficiary in respect of whom a Subsidized Health Benefits Entitlement Certificate issued by the Commonwealth is in force - the letters ‘S.H.B.’ followed by the serial number appearing on the certificate are written on the prescription by the medical practitioner.
“(2.) In this regulation, ‘Subsidized Health Benefits Entitlement Certificate’ includes Subsidised Medical Services Entitlement Certificate.”.
Overview
The Statutory Rules 1971 No. REGULATIONS UNDER THE NATIONAL HEALTH ACT 1953-1971 were enacted to amend the National Health (Pharmaceutical Benefits) Regulations, thereby addressing the need for updated and more precise guidelines on the writing of prescriptions for subsidised beneficiaries. These regulations were enacted by the Governor-General in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council. The policy objective behind these regulations is to ensure that the correct amount of subsidy is provided for pharmaceutical benefits to eligible individuals, particularly those holding a Subsidized Health Benefits Entitlement Certificate or being dependents of such individuals. These regulations came into effect on 1 November 1971, providing a clear framework for medical practitioners to mark prescriptions appropriately to facilitate the provision of pharmaceutical benefits to the intended recipients.
Scope and Application
These Regulations, made under the National Health Act 1953-1971, pertain specifically to amendments of the National Health (Pharmaceutical Benefits) Regulations, which came into operation on the first day of November, 1971. They apply to medical practitioners writing prescriptions for pharmaceutical benefits in the context of subsidized beneficiaries. The geographic reach of these regulations is national, as they are federal regulations. The regulations introduce specific requirements for marking prescriptions in respect of subsidized beneficiaries, ensuring that the prescriptions for individuals with a Subsidized Health Benefits Entitlement Certificate, as well as their dependants, are correctly identified. This ensures that the appropriate maximum amount for the pharmaceutical benefit is correctly applied according to the Act. The regulations extend their application through subordinate instruments, specifically by amending Regulation 19 and inserting a new regulation 19A to clarify and define the process of marking prescriptions for subsidized beneficiaries.
Key Provisions
The Statutory Rules 1971 No. 178, which amend the National Health (Pharmaceutical Benefits) Regulations, introduce specific requirements for marking prescriptions for subsidised beneficiaries. Regulation 19 is amended to include a new sub-regulation (1)(a) (paragraph 2) that allows for a prescription to be considered as being for a subsidised beneficiary if it is marked accordingly as per the new Regulation 19A. The new Regulation 19A (paragraph 3) specifies that a prescription written by a medical practitioner must include the letters 'S.H.B.' followed by the serial number from the applicable Subsidized Health Benefits Entitlement Certificate for it to be recognised as a prescription for a subsidised beneficiary. This applies to both primary subsidised beneficiaries and their dependants.
The Regulations impose clear obligations on medical practitioners to mark prescriptions correctly when supplying pharmaceutical benefits to subsidised beneficiaries. Specifically, practitioners must ensure that prescriptions for these beneficiaries include the appropriate marking as outlined in Regulation 19A, which involves writing the letters 'S.H.B.' followed by the relevant serial number from the Subsidized Health Benefits Entitlement Certificate. Failure to comply with this requirement means the prescription will not be recognised for the purposes of the subsidy, potentially affecting the beneficiary's access to the subsidised pharmaceutical benefit.
There are no explicit offences, penalties, or civil/criminal consequences stated within these Regulations for non-compliance with the marking requirements. However, failure to correctly mark prescriptions as stipulated could indirectly result in the subsidised beneficiary not receiving the intended subsidy for the pharmaceutical benefit. This oversight may lead to the beneficiary bearing the full cost of the medication, which could be considered an indirect consequence of not adhering to the Regulations.