Pharmaceutical Benefits Regulations

STATUTORY RULES.

1950. No. 48.

REGULATIONS UNDER THE PHARMACEUTICAL BENEFITS

ACT 1947-1949.*

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 Pharmaceutical Benefits Act 1947-1949.

Dated this sixteenth day of August, 1950.

W. J. McKELL

Governor-General.

By His Excellency's Command,

Minister of State for Health.

PHARMACEUTICAL BENEFITS REGULATIONS.

Citation.

1. These Regulations may be cited as the Pharmaceutical Benefits Regulations.

Commencement.

2. These Regulations shall come into operation on the fourth day of September, 1950.

Repeal.

3.—(1.) The Pharmaceutical Benefits Regulations (being Statutory Rules 1948, No. 56, as amended by Statutory Rules 1948, No. 155 and 1949, No. 44) are repealed.

(2.) Notwithstanding the repeal effected by the last preceding sub-regulation, the provisions of the Regulations repealed by that sub-regulation shall continue to apply in relation to the supply of pharmaceutical benefits upon presentation, whether before or after the date of commencement of these Regulations, of prescriptions written before that date.

Definitions.

4.—(1.) In these Regulations, unless the contrary intention appears-

" approved hospital " means a public hospital the governing body of which, or a private hospital the proprietor of which, is an approved hospital authority ;

" authorized prescription form " means—

(a) an official prescription form ; or

(b) any other paper, not exceeding six inches in length and four and one-half inches in breadth, on which appears the name and address of a medical practitioner and at the top of which are written the words " Pharmaceutical Benefits ";

" official prescription form " means a prescription form supplied by the Commonwealth for the purposes of the Act ;

* Notified in the Commonwealth Gazette on  , 1950.

3901.—Price Sd.  8/9.8.1950.

" prescription " means a prescription for the supply of a pharmaceutical benefit under the Act ;

" the Act " means the Pharmaceutical Benefits Act 1947-1949.

(2.) For the purposes of the Schedules to these Regulations, unless the contrary intention appears—

(a) the Australian Capital Territory (including the Jervis Bay Territory) shall be deemed to be part of the State of New South Wales ; and

(b) the Northern Territory shall be deemed to be part of the State of South Australia.

(3.) In these Regulations, any reference to a form shall be read as a reference to a form in the First Schedule to these Regulations.

Public Hospitals.

5. For the purposes of the Act and of these Regulations, the hospitals which shall be deemed to be public hospitals shall be hospitals which—

(a) are conducted by a State or are in receipt of a grant for maintenance from a State ; and

(b) are certified to be public hospitals by the Minister of State of the State administering the laws of the State relating to public hospitals.

Pharmaceutical  Formulary.

6. The Commonwealth Pharmaceutical Formulary shall be in accordance with the Second Schedule to these Regulations.

Application for approval as a pharmaceutical chemist or hospital authority.

7. — (1.) An application by a pharmaceutical chemist or a hospital authority to be approved for the purposes of the Act shall be in accordance with Form A, Form B or Form C, whichever is appropriate.

(2.) The Director-General may, for any reason which he thinks sufficient, permit any such application to be made otherwise than in accordance with Form A, Form B or Form C, as the case may be.

Sign to be displayed by pharmaceutical chemists.

8.—(1.) The sign to be displayed by an approved pharmaceutical chemist shall be in accordance with Form D. 

(2.) The sign shall be affixed in some conspicuous place in or on each of the premises (not being premises in respect of which a limited approval is in force) in respect of which the pharmaceutical chemist is approved in such manner as to be readily visible to persons entering the premises.

(3.) An approved pharmaceutical chemist shall at all times keep prominently displayed, in such manner as to be readily visible to persons seeking to enter the premises, at each of the premises in respect of which the pharmaceutical chemist is approved, a notice in accordance with Form E setting out the hours during which services for the supply of pharmaceutical benefits are available.

Revocation of approval  medical practitioner or hospital authority.

9.—(1.) If it is shown to the Director-General that—

 (a) the approval of a medical practitioner under section 11 of the Act is or will be no longer necessary ; or

(b) that the approval of a hospital authority under section 12 of the Act in respect of a hospital at which a pharmaceutical chemist is not employed is, or will be, no longer desirable,

by reason of the fact that a pharmaceutical chemist is, or is about to be, approved in respect of premises in the area in relation to which the

approval of the medical practitioner was granted, or in the vicinity of the hospital, as the case may be, the Director-General may revoke the approval of the medical practitioner or hospital authority on and from the date specified in the notice of the revocation, being a date after which, in the opinion of the Director-General, the approval will no longer be necessary, or desirable, as the case may be.

(2.) Before revoking, in accordance with the last preceding sub-regulation, an approval, the Director-General shall—

(a) give to the medical practitioner or hospital authority not less than seven days' notice of his intention to consider the revocation for a reason stated in the notice ;

(b) in the notice, invite the medical practitioner or hospital authority to state whether he or it objects to the proposed revocation and, if so, the reasons for the objection ; and

(c) consider any objection made by the medical practitioner or hospital authority, and the reasons therefor.

(3.) Where—

(a) a pharmaceutical chemist ceases to carry on business as a pharmaceutical chemist at premises in respect of which he has been approved ;

(b) a medical practitioner ceases to practise in the area in respect of which he has been approved ; or

(c) a hospital authority ceases to conduct a hospital in respect of which it has been approved,

the chemist, medical practitioner or hospital authority shall forthwith notify the Director-General accordingly.

(4.) Where it is shown to the Director-General that—

(a) a pharmaceutical chemist has ceased to carry on business as a pharmaceutical chemist at premises in respect of which he has been approved ;

(b) a medical practitioner has ceased to practise in the area in respect of which he has been approved ; or

(c) a hospital authority has ceased to conduct a hospital in respect of which it has been approved,

the Director-General may revoke the approval.

Suspension or revocation of approval by the Director-General.

10.—(1.) Except in cases to which the last preceding regulation applies, before suspending or revoking, under sub-section (1.) of section 13 of the Act, the approval of a pharmaceutical chemist, medical practitioner or hospital authority, the Director-General shall give to the pharmaceutical chemist, medical practitioner or hospital authority a notice specifying the grounds of the proposed suspension or revocation and shall refer the matter to a Pharmaceutical Benefits Committee for inquiry and report to the Director-General.

(2.) An inquiry under this regulation shall be conducted by the Pharmaceutical Benefits Committee in such manner as the Director-General directs.

(3.) The approved pharmaceutical chemist, approved medical practitioner or approved hospital authority shall be entitled to attend the inquiry and be heard by the Committee.

(4.) Where the Director-General suspends or revokes the approval of a pharmaceutical chemist, medical practitioner or hospital authority, the Director-General shall serve notice of the suspension or revocation on the pharmaceutical chemist, medical practitioner or hospital authority concerned, and the suspension or revocation shall not take effect before service of the notice has been effected.

Forms, &c., to be delivered up when approval suspended or revoked.

11. Where the approval of a pharmaceutical chemist or hospital authority has been suspended or revoked, the pharmaceutical chemist or hospital authority—

 (a) shall, if the Director-General so requires, deliver up to the Director-General all documents and forms supplied to him or it by the Commonwealth with respect to the provision of pharmaceutical benefits, other than documents or forms which he or it has parted with in accordance with the Act and these Regulations or the Regulations repealed by these Regulations ; and

(b) shall not display any sign indicating that he or it has been, or is, approved to supply pharmaceutical benefits under the Act.

Penalty : Fifty pounds.

Supply of benefits upon prescriptions.

12.—(1.) A person shall not be disentitled to receive a pharmaceutical benefit upon presentation of a prescription written on an authorized prescription form by reason only that that form is not an official prescription form.

(2.) An approved pharmaceutical chemist, approved hospital authority or approved medical practitioner shall not supply a pharmaceutical benefit upon presentation of the original copy of the prescription unless--

(a) the prescription is surrendered to him or it ;

(b) the prescription is accompanied by a duplicate written by the medical practitioner on an authorized prescription form and marked with the word " Duplicate ";

(c) the prescription indicates the pharmaceutical benefit to be supplied—

(i) by the use of the name of the pharmaceutical benefit as appearing in the Commonwealth Pharmaceutical Formulary ; or

(ii) by reference to a trade mark, brand, trade name or manufacturer's name specified, in relation to the pharmaceutical benefit, in column 2 of Table A in the Third Schedule to these Regulations ;

(d) the prescription indicates the date on which it was written ;

(e) the prescription does not prescribe more than two pharmaceutical benefits ; and

(f) the prescription does not prescribe anything which is not a pharmaceutical benefit.

(3.) A pharmaceutical benefit shall not be supplied upon presentation of a duplicate prescription, unless (in addition to any other requirements of these Regulations) the duplicate is written on an authorized prescription form, is marked with the word " Duplicate "

and appears to be the duplicate of a prescription complying with the requirements of paragraphs (c), (d), (e) and (f) of the last preceding sub-regulation.

(4.) Where a medical practitioner, in a prescription, indicates the pharmaceutical benefit to be supplied by reference to a trade mark, brand, trade name or manufacture's name specified, in relation to the pharmaceutical benefit, in column 2 of Table A in the Third Schedule to these Regulations, an approved pharmaceutical chemist, approved hospital authority or approved medical practitioner to whom the prescription is presented shall supply the pharmaceutical benefit in the form so indicated and not in any other form.

(5.) Where a pharmaceutical benefit is supplied on the first presentation of a prescription, the person supplying the pharmaceutical benefit shall—

(a) write on the back of both copies of the prescription his name and the number of his approval under the Act ;

(b) if two pharmaceutical benefits have been prescribed on the prescription form, on both copies of the form mark one of the benefits prescribed with the letter A and the other benefit prescribed with the letter B and initial the part of the prescription relating to each benefit supplied ; and

(c) where the prescription is written on a form other than an official prescription form, write on both copies of the prescription a serial number allotted by him to the prescription.

Prescriptions not to be written on prescription forms in certain cases.

13. A medical practitioner treating a person in or at an approved public hospital shall not write a prescription in respect of that treatment on an authorized prescription form.

Prescribing of certain drugs restricted.

14.—(1.) A medical practitioner shall not write on an authorized prescription form a prescription for the supply of a pharmaceutical benefit to which this regulation applies unless he writes on the prescription form, in relation to the prescription, the words " I certify that in my opinion there is no other drug available which would be equally effective in this case ".

(2.) A person shall not be entitled to receive a pharmaceutical benefit to which this regulation applies on presentation of a prescription unless the medical practitioner has, in writing the prescription, complied with the last preceding sub-regulation.

(3.) This regulation applies to the following pharmaceutical benefits :—

 Aureomycin,

 Chioramphenicol.

Supply of benefits by hospital authorities.

15.—(1.) A person shall not be entitled to receive a pharmaceutical benefit from an approved hospital authority in or at a hospital unless—

(a) he is registered as a patient of that hospital ; and

(b) the supply of the benefit is directed or made by a person authorized in that behalf by the hospital authority.

(2.) A person shall not be entitled to receive a pharmaceutical benefit from an approved hospital authority, being the proprietor of a private hospital at which a pharmaceutical chemist is employed, or from an approved medical practitioner, except on presentation of a prescription written and signed by a medical practitioner on an authorized prescription form.

Validity of prescriptions.

16.—(1.) A statement required under sub-section (3.) of section 8 of the Act by an approved pharmaceutical chemist who suspects that a prescription written on an official prescription form has not been signed by a medical practitioner or has been forged or fraudulently obtained shall be in accordance with Form F.

(2.) Where an approved pharmaceutical chemist suspects that a prescription written on a prescription form other than an official prescription form has not been signed by a medical practitioner or has been forged or fraudulently obtained, he shall be entitled, before supplying the pharmaceutical benefit specified in the prescription, to require that there be furnished to him a statement in accordance with form F.

Repeated prescriptions.

17.—(1.) A medical practitioner may, in a prescription, direct that the supply of a pharmaceutical benefit be repeated a number of times, being a number not exceeding the number specified in column 6 of the Second Schedule to these Regulations in relation to the pharmaceutical benefit in the form (as specified in column 4 of that Schedule) in which it is prescribed, but only if the number of units ordered to be supplied on the first occasion is the maximum number specified in column 5 of that Schedule in relation to the pharmaceutical benefit in the form (as specified in column 4 of that Schedule) in which it is prescribed, or a greater number prescribed in accordance with the next succeeding regulation.

(2.) A pharmaceutical benefit shall not be supplied a greater number of times than the number specified, as permitted by this regulation, in the prescription.

(3.) Where a prescription directs that a pharmaceutical benefit is to be supplied more than once, that pharmaceutical benefit shall not be supplied (whether by the same supplier or by different suppliers) more than once on the same day.

(4.) An approved pharmaceutical chemist who supplies a pharmaceutical benefit on presentation of—

(a) a prescription which contains a direction to supply that pharmaceutical benefit more than once ; or

 (b) a repeat authorization issued in accordance with this sub-regulation,

shall, unless no further supply of the pharmaceutical benefit (after the supply which he is making) is authorized—

(c) issue, to the person presenting the prescription or repeat authorization, a repeat authorization, on and in accordance with a form supplied by the Commonwealth, in respect of each pharmaceutical benefit the further supply of which is authorized ;

(d) attach the repeat authorization to the duplicate of the prescription ; and

(e) where the prescription is written on a prescription form other than an official prescription form—

(i) in the case of the pharmaceutical chemist who supplies the pharmaceutical benefit on the first occasion—mark on the repeat authorization the number of his approval under the Act and the serial number allotted by him to the prescription ; and

(ii) in the case of a pharmaceutical chemist who supplies the pharmaceutical benefit on a subsequent occasion—mark on the repeat authorization which he issues the numbers marked, in pursuance of the last preceding sub-paragraph, on the repeat authorization presented to him.

(5.) A pharmaceutical benefit shall not be supplied upon presentation of the duplicate of a prescription unless—

(a) there is attached to that duplicate a repeat authorization-

(i) duly related to the duplicate prescription by a number or numbers ;

(ii) where the prescription refers to two pharmaceutical benefits—referring to the first-written pharmaceutical benefit by the letter A and the second-written pharmaceutical benefit by the letter B ; and

(iii) indicating that the pharmaceutical benefit to be supplied has not been supplied for the number of times directed in the prescription ; and

(b) the person obtaining the pharmaceutical benefit signs a receipt in accordance with Form G for the pharmaceutical benefit on the back of the repeat authorization and surrenders the repeat authorization to the person supplying the pharmaceutical benefit.

(6.) An approved pharmaceutical chemist who supplies a pharmaceutical benefit on presentation of a repeat authorization shall write his name on the back of the repeat authorization.

Form and maximum quantities of benefits.

18.—(1.) A pharmaceutical benefit shall be supplied only in units of a form specified in relation to that benefit in column 4 of the Second Schedule to these Regulations. 

(2.) Subject to this regulation, the number of units of a pharmaceutical benefit which may be prescribed for supply, or supplied, at any one time, shall not exceed the maximum number.

(3.) A medical practitioner may prescribe for supply, for the treatment of a recurrent, chronic or malignant disease, a number of units of a pharmaceutical benefit greater than the maximum quantity or number if the prescription—

(a) prescribes for supply, on each occasion on which supply is to be made, double the maximum number of units and

(b) is marked with the words " Special Supply ".

(4.) Where a medical practitioner is satisfied that a person (not being a person requiring the pharmaceutical benefit for the treatment of a recurrent, chronic or malignant disease) has difficulty in obtaining

supplies of a pharmaceutical benefit, he may prescribe for supply double the maximum number of units of the pharmaceutical benefit, if the prescription

(a) does not provide for more than one supply ; and

(b)  is marked with the words "Double Supply ".

(5.) Where, in accordance with this regulation, a medical practitioner prescribes for supply a greater number of units of a pharmaceutical benefit than the maximum number, an approved pharmaceutical chemist may supply the number of units of the pharmaceutical benefit specified in the prescription.

(6.) In this regulation, any reference to the maximum number of units of a pharmaceutical benefit shall be read as a reference to the number specified in column 5 in the Second Schedule to these Regulations in relation to the form of the units, as specified in column 4 of that Schedule.

Expiry of prescriptions.

19. A pharmaceutical benefit shall not be supplied on presentation of a prescription (including the duplicate of a prescription to which a repeat authorization is attached) dated more than six months prior to the date of presentation.

Time at which prescriptions may be presented to chemist.

20.—(1.) Except as provided in this regulation, a person shall not be entitled to receive a pharmaceutical benefit from an approved pharmaceutical chemist except during the usual trading hours of that pharmaceutical chemist.

(2.) A prescription for the supply of a pharmaceutical benefit, being a prescription marked with the word " Urgent " and having the marking initialled by the medical practitioner, may be presented at any hour to an approved pharmaceutical chemist at the premises in respect of which he is approved, and, subject to the Act and these Regulations, the pharmaceutical chemist shall supply the pharmaceutical benefit as soon as is practicable.

Rebates, &c. not allowed.

21.—(1.) An approved pharmaceutical chemist shall not give, promise or offer any gift, rebate or reward as an inducement to a person to present, or in consideration of a person's presenting, a prescription for the supply of a pharmaceutical benefit.

(2.) Subject to these Regulations, a pharmaceutical chemist to whom a prescription is presented shall not—

(a) supply, in purported pursuance of the Act, anything other than the pharmaceutical benefit as specified in the prescription ; or

(b) make a payment in money or give any other consideration to the person presenting the prescription in exchange for the prescription.

Penalty : Fifty pounds.

Supervision of dispensing.

22. An approved pharmaceutical chemist, approved medical practitioner or approved hospital authority shall not permit a person other than a registered pharmacist, a registered pharmaceutical chemist or a medical practitioner to dispense a pharmaceutical benefit for the purposes of the Act except under the direct supervision of a registered pharmacist, a registered pharmaceutical chemist or a medical practitioner.

Penalty : Fifty pounds.

Proper stocks to be kept.

23. An approved pharmaceutical chemist shall, as far as practicable, keep in stock an adequate supply of all pharmaceutical benefits which he may reasonably be expected to be called upon to supply.

Acts required to be done by a medical practitioner who supplies pharmaceutical benefits.

24.—(1.) Subject to these Regulations, where a medical practitioner has been approved under section 11 of the Act, that medical practitioner shall do the acts and things which are required to be done by an approved pharmaceutical chemist in accordance with the Act and these Regulations unless the Director-General otherwise directs in respect of any one or more of those acts and things.

(2.) Where a person obtains a pharmaceutical benefit from an approved medical practitioner, that person shall give, and the approved medical practitioner shall obtain, a receipt for the pharmaceutical benefit.

Formulary Committee.

25. The Formulary Committee appointed under section 18 of the Act shall advise the Minister on any matter in connexion with the Commonwealth Pharmaceutical Formulary which the Minister refers to the Committee for consideration or upon which the Committee considers it desirable to offer advice to the Minister.

Payment for attending meetings of Formulary Committee, &c.

26.--(1.) A member of the Formulary Committee (other than an officer or employee of the Commonwealth) shall be paid a fee of Five pounds five shillings, and a member of a Pharmaceutical Benefits Committee (other than an officer or employee of the Commonwealth) shall be paid a fee of Three pounds three shillings, for each day upon which he attends a meeting of the Committee.

(2.) Where any such member resides at a distance of more than fifty miles from the place where a meeting of the Committee is held, he shall be paid an allowance at the rate of Two pounds two shillings per day to cover expenses incurred in travelling in connexion with attendance at that meeting.

(3.) In addition to the allowance specified in the last preceding sub-regulation, a member shall be reimbursed the fares actually and reasonably incurred in travelling from his place of residence to the place where the meeting is held and in returning to his place of residence.

Payment for samples.

27. Where a sample of a pharmaceutical benefit is taken under section 21 of the Act, the Commonwealth shall make payment therefor of an amount determined in accordance with the Third Schedule to these Regulations.

Obstructing an authorized person an offence.

28. A person shall not obstruct an authorized person in the execution of his powers under section 21 of the Act.

 Penalty : Fifty pounds.

Claims for payment.

29.—(1.) Claims for payment in respect of the supply of pharmaceutical benefits shall be in accordance with a form approved by the Director General and shall be furnished to the Department of Health at such place as the Director-General specifies.

(2.) Except where the Director-General, in special circumstances, otherwise directs, an approved pharmaceutical chemist or an approved medical practitioner, or an approved hospital authority who is the

 proprietor of a private hospital at which a pharmaceutical chemist is employed, shall not be entitled to payment in respect of the supply of a pharmaceutical benefit referred to in any such claim unless the claim is accompanied by—

(a) the original of the prescription, or of the repeat authorization, upon presentation and surrender of which the pharmaceutical benefit was supplied ; and

(b) where the pharmaceutical benefit was supplied in circumstances in which the person obtaining the benefit was required to furnish a statement in accordance with Form F—that statement.

(3.) An approved pharmaceutical chemist, approved medical practitioner or approved hospital authority shall not be entitled to receive payment in respect of the supply of a pharmaceutical benefit which has been supplied otherwise than in accordance with these Regulations or has been obtained by a person other than a person appearing to be entitled to receive it.

 (4.) Where an item in a claim for payment has been disallowed in whole or in part, the Director-General shall give to the claimant, or to a person acting on behalf of the claimant, reasonable facilities for examining the prescription or repeat authorization relating to the disallowed item which accompanied the claim and also for examining the computations made by the Department of Health in connexion with the claim.

Payments to, and special charges by, chemists, &c.

30.—(1.) The payments to pharmaceutical chemists and to medical practitioners in respect of the supply of pharmaceutical benefits in accordance with the Act and these Regulations shall be ascertained in accordance with the Third Schedule to these Regulations.

(2.) Subject to the next succeeding sub-regulation, where a prescription is presented to an approved pharmaceutical chemist at a time not within usual trading hours, the pharmaceutical chemist shall be entitled to make a special charge of One shilling, and to refuse to supply the pharmaceutical benefit unless the special charge is paid by or on behalf of the person to whom the pharmaceutical benefit is to be supplied.

(3.) Where two or more prescriptions are so presented at the same time for the same person, the pharmaceutical chemist shall be entitled to make a special charge of One shilling only.

(4.) Where a pharmaceutical benefit supplied in accordance with the Act and these Regulations is delivered otherwise than at the place where an approved pharmaceutical chemist carries on his business, an approved medical practitioner carries on his practice or an approved hospital authority conducts a hospital, as the case may be, the pharmaceutical chemist, medical practitioner or hospital authority shall be entitled to make a special charge equal to the cost of delivery, and to refuse to supply the pharmaceutical benefit unless the special charge is paid by or on behalf of the person to whom the pharmaceutical benefit is to be supplied.

Payments to approved hospital authorities.

31.—(1.) Payments under sub-section (3.) of section 14 of the Act shall be in accordance with this regulation. 

(2.) Where the Director-General is satisfied that adequate provision of pharmaceutical benefits in accordance with the Act has been made, during any period, by an approved hospital authority at a public hospital in respect of which the authority was approved, the approved hospital authority shall be entitled to payment from the Commonwealth at the rate, or on the basis, determined by the Treasurer from time to time, in accordance with this regulation, as the rate or basis applicable to public hospitals in the State or Territory in which the public hospital is situated.

(3.) The rate or basis shall, in the case of public hospitals situated in a State, be determined by the Treasurer after consultation with the Treasurer of that State, and shall be a rate or basis which, in the opinion of the Treasurer, will result in payments covering as nearly as practicable the cost, to approved public hospitals in the State or Territory concerned, of supplying the pharmaceutical benefits in respect of which the payments are made.

(4.) A determination under this regulation shall—

(a) be published in the Gazette ;

(b) come into force on a date specified in the determination, not being earlier than the date of publication; and

(c) be applicable to the supply of pharmaceutical benefits from and including the day on which the determination comes into force to and including the day immediately preceding the day on which a determination superseding that determination comes into force.

(5.) The Director-General may authorize payment in advance of any amount which he considers is likely to become payable to an approved hospital authority in accordance with sub-regulation (2.) of this regulation in respect of any period, and in any such case the hospital authority, or the State, or authority of a State, to which payment has been made on behalf of a hospital authority, shall be liable to repay to the Commonwealth any amount which is found to have been overpaid when the amount payable in respect of that period is ascertained.

(6.) Payment shall be made to an approved hospital authority which is the proprietor of a private hospital at which a pharmaceutical chemist is employed at the rates which are applicable to the supply of pharmaceutical benefits by an approved pharmaceutical chemist at the place at which the hospital is situated.

(7.) Payment shall be made to an approved hospital authority which is the proprietor of a private hospital at which a pharmaceutical chemist is not employed at a rate equivalent to the wholesale cost of the pharmaceutical benefits supplied at the hospital (including the cost of transportation of the pharmaceutical benefits from the wholesale supplier to the place at which the hospital is situated).

Supply of prescription forms.

32. The Director-General shall cause supplies of official prescription forms to be available at the offices of the Department of Health in each State or Territory of the Commonwealth and to be furnished to medical practitioners on request made personally or by post.

Delivery up of forms.

33. The Director-General may, by notice in writing served on a person, require that person to deliver up to the Director-General or to a person specified in the notice, within the time specified in the notice, any unused forms in his possession, being forms supplied to him by or on behalf of the Commonwealth under or for the purposes of the Act or these Regulations, and that person shall comply with the notice.

Penalty : Fifty pounds.

Service of notices, &c.

34. A notice or other document under the Act or these Regulations may be served by post on the person or authority to whom it is addressed at any premises in respect of which he or it is approved for the purposes of the Act or at his or its last known place of business or practice.

Use of old terms.

35. Where the Commonwealth supplies or has supplied a form which is substantially in accordance with a form prescribed by these Regulations, except that it bears a reference or references to the Pharmaceutical Benefits Act 1944, or to that Act as amended, that form may be used for the purposes of these Regulations as if it were in accordance with the prescribed form to which it substantially corresponds, and these Regulations shall apply in relation to that form as if it were in accordance with that prescribed form.

Standards of purity.

36. Where a pharmaceutical benefit is supplied otherwise than in the form indicated by a trade mark, brand, trade name or manufacturer's name specified in relation to the pharmaceutical benefit in column 2 of Table A in the Third Schedule to these Regulations, it shall conform to the standards of purity required by the British Pharmacopoeia.

Containers.

37.—(1.) An approved pharmaceutical chemist or approved medical practitioner who supplies a pharmaceutical benefit shall, so far as he can do so without dividing the contents of a container, supply the pharmaceutical benefit in a container or containers in which the pharmaceutical benefit is put up by the manufacturer.

(2.) Where it is necessary to supply a portion of the contents of a container in which a pharmaceutical benefit is put up by the manufacturer, that portion shall be supplied in an appropriate container, as indicated in Table B in the Third Schedule to these Regulations.

(3.) The person supplying a pharmaceutical benefit shall not make any charge against the person receiving the pharmaceutical benefit in respect of the supply of a container.

Pharmaceutical Benefits Committees.

38.—(1.) The Minister shall appoint one of the members of a Pharmaceutical Benefits Committee to be the Chairman of the Committee.

(2.) The Chairman shall preside at all meetings of the Committee at which he is present and, in the absence of the Chairman, a member specified by the Chairman shall preside.

(3.) The Minister may appoint an officer of the Department of Health to be the Secretary of a Pharmaceutical Benefits Committee.

(4.) The Secretary shall be entitled to attend all meetings of the Committee and shall keep a record of all business transacted by the committee.

THE SCHEDULES.

First Schedule.

Form A. Reg. 7.

Commonwealth of Australia.

Pharmaceutical Benefits Act 1947-1949.

APPLICATION FOR APPROVAL AS A PHARMACEUTICAL CHEMIST.

(By a Registered Pharmacist or Pharmaceutical Chemist.)

hereby apply for approval as a pharmaceutical chemist under the Pharmaceutical Benefits Act 1947-1949 in respect of premises situated at

specified above, pharmaceutical benefits in accordance with the Pharmaceutical Benefits Act 1947-1949 and the Regulations thereunder.

Dated this  day of  , 19    .

(Signature of Applicant.)

To the Director-General of Health,

Commonwealth of Australia.

Note.—If approval is desired in respect of more than one premises, a separate application must be made in respect of each premises.

This form should be used, with necessary modifications, for the purposes of an application by the legal personal representative of a deceased pharmaceutical chemist.

 Form B. Reg. 7.

Commonwealth of Australia.

Pharmaceutical Benefits Act 1947-1949.

APPLICATION FOR APPROVAL AS A PHARMACEUTICAL CHEMIST.

(By a Friendly Society, &c.)

[Name of Friendly Society, &c.] hereby applies for approval as a pharmaceutical chemist under the Pharmaceutical Benefits Act 1947-1949 in respect of premises situated at

The said [name of Friendly Society &c.] is prepared to supply on demand, at the address stated above, pharmaceutical benefits in accordance with the Pharmaceutical Benefits Act 1947-1949 and the Regulations thereunder.

I, [name and address of person authorized to make application] declare that I am authorized to make this application on behalf of the said [name of Friendly Society, &c].

*And I further declare that the said Friendly Society was carrying on the business of a pharmaceutical chemist on the first day of August, 1945.

Dated this  day of  , 19

(Signature of person authorized to make application.)

To the Director-General of Health,

Commonwealth of Australia.

Note.—If approval is desired in respect of more than one premises, a separate application must be made in respect of each premises.

*Strike out if inapplicable.

Form c.  Reg. 7.

Commonwealth of Australia.

Pharmaceutical Benefits Act 1947-1949.

APPLICATION FOR APPROVAL AS A HOSPITAL AUTHORITY.

section 12 of the Pharmaceutical Benefits Act 1947-1919 for approval to supply pharmaceutical benefits.

The said hospital authority is prepared to supply pharmaceutical benefits in accordance with the Pharmaceutical Benefits Act 1947-1949 and the Regulations thereunder.

I, [name and address of person authorized to make application] declare that I am authorized to make this application on behalf of the said hospital authority.

of the said hospital authority is

His qualifications are

Dated this  day of  , 19    .

(Signature of person authorized to make application.)

To the Director-General of Health,

Commonwealth of Australia.

Note.—A separate application must be made in respect of each hospital governed by the same hospital authority in respect of which approval is sought.

Form D. Reg. 8.

Department of Health

APPROVED

PHARMACEUTICAL

CHEMIST.

Pharmaceutical Benefits Act.

Form E.  Reg. 8.

TRADING HOURS.

This pharmacy is open during the following hours:-

Week-days—  to

Saturdays  —  to

Sundays    —  to

Holidays   —  to

EMERGENCY SERVICE.

A registered pharmacist is in attendance during the following hours :—

Week-days—  to

Saturdays  —  to

Sundays    —  to

Holidays   —  to

 Form F.  Reg. 16.

Commonwealth of Australia.

Pharmaceutical Benefits Act 1947-1949.

STATEMENT REGARDING PRESCRIPTION.

(To be completed by the person presenting the prescription.)

I, [name in full] of [address in full] do solemnly and sincerely declare that, to the best of my knowledge and belief, the prescription No.                                                         presented on behalf of                                                         and purporting to be signed by [name and address of person signing prescription] has been signed by a registered or licensed medical practitioner and has not been forged or fraudulently obtained.

(Signature of person making statement.)

(Signature of witness.)

(Date.)

FORM G.  Reg. 17.

Commonwealth of Australia.

Pharmaceutical Benefits Act 1947-1949.

RECEIPT FOR REPEATED PRESCRIPTION.

I certify that I have this day received from the undermentioned chemist a repetition of prescription No.

(Signature.)

(Address.)

(Date.)

(Name of chemist.)

Second Schedule. Reg. 6.

COMMONWEALTH PHARMACEUTICAL FORMULARY.

In this Schedule—

" amp." means ampoule ;

" cap." means capsule ;

" cc." means cubic centimetres ;

" fl. oz." means fluid ounces of 480 minims ;

" G " means grammes ;

" μ " means microgrammes ;

" gr." means grains ;

" hypo. tab." means hypodermic tablet ;

" I.M." means intramuscular ;

" I.U." means international units ;

" I.V." means intravenous ;

" mg." means milligrammes ;

“ M " means millions of organisms ;

" mil." means millilitres ;

" min." means minims ;

" oz." means ounces ;

" tab." means tablet ;

" U " means units ; and

" U.S.P." means United States Pharmacopoeia.

Second Schedule—continued.

Second Schedule—continued.

Second Schedule—continued.

Second Schedule—continued.

Second Schedule—continued.

Second Schedule—continued.

Second Schedule—continued.