Veterans’ Affairs (Extending Medication Chart Prescribing to Hospitals and Other Measures) Instrument 2015

Link to law: https://www.comlaw.gov.au/Details/F2015L00376

Australian Government
Veterans’ Affairs (Extending Medication Chart Prescribing to Hospitals and Other Measures) Amendment Instrument 2015
Instrument 2015 No. R1/MRCC1
 
I, Michael Ronaldson, Minister for Veterans’ Affairs, under subsection 91(3) of the Veterans’ Entitlements Act 1986 and subsection 286(3) of the Military Rehabilitation and Compensation Act 2004 approve, as the case requires:
(a) the variation by the Repatriation Commission of the Repatriation Pharmaceutical Benefits Scheme in Schedule 1; and
(b) the variation by the Military Rehabilitation and Compensation Commission of the MRCA Pharmaceutical Benefits Scheme in Schedule 2.
 
Dated this                          26th                                                         day of        March    2015
Michael Ronaldson…………………….............................................
MICHAEL RONALDSON

 

 
The Repatriation Commission (RC), under subsection 91(2) of the Veterans’ Entitlements Act 1986, makes the variation to the Repatriation Pharmaceutical Benefits Scheme (Instrument 2013 No. R43) in Schedule 1.
The Military Rehabilitation and Compensation Commission (MRCC), under paragraph 286(1)(c) of the Military Rehabilitation and Compensation Act 2004, makes the variation to the MRCA Pharmaceutical Benefits Scheme (Instrument 2013 No. MRCC 44) in Schedule 2.
 
Dated this 4th                           day of March                                   2015
 
The Seals of the                                                              )
Repatriation Commission and                                        ) SEAL
Military Rehabilitation and Compensation Commission) SEAL
were affixed hereto in the                                                )
presence of:                                                                      )
 
Simon Lewis                Major General Craig Orme                  Major General Mark Kelly
 SIMON LEWIS             MAJOR GENERAL CRAIG ORME              Major General Mark Kelly
                                                                                                                                                 AO DSC
RC PRESIDENT                RC DEPUTY COMMISSIONER                             RC COMMISSIONER
MRCC CHAIR                            MRCC MEMBER                                                MRCC MEMBER
 
MEMBER
Rear Admiral Robyn Walker.....................................................................Jennifer Taylor
REAR ADMIRAL ROBYN WALKER                                              JENNIFER TAYLOR
                       AM RN
                 MRCC MEMBER                                                                          MRCC MEMBER
 
 
Name
 
1 This instrument is the Veterans’ Affairs (Extending Medication Chart Prescribing to Hospitals and Other Measures) Instrument 2015.
 
Commencement
 
2    This instrument commences on 1 April 2015.
 
Transitional
 
3    The variations made by this instrument in relation to medication chart prescribing apply in relation to a prescription written on or after the commencement of the instrument.
 
Application
4    Subject to section 5, the Repatriation Pharmaceutical Benefits Scheme and the MRCA Pharmaceutical Benefits Scheme, as varied by this instrument, apply in relation to the writing of a medication chart prescription for a Pharmaceutical benefit for a person receiving treatment in or at an approved hospital only if:
(a) an instrument under subregulation 58(3) of the National Health (Pharmaceutical Benefits) Regulations 1960 is in force at the time the prescription is written; and
(b) the approved hospital is specified in the instrument.
5    This section and section 4 are revoked when Division 4 of Part 8 of the National Health (Pharmaceutical Benefits) Regulations 1960 is repealed.
 
 
Schedule 1
 
Variations to the Repatriation Pharmaceutical Benefits Scheme
 
1   Part 1 – Interpretation (Section 3)
 
         insert:
“approved hospital” means a hospital in respect of which the hospital authority is approved under section 94 of the National Health Act 1953;
“authority prescription” means a prescription of a Pharmaceutical benefit for which Prior Approval under section 6 is required;
“Chief Executive Medicare” has the meaning given by the Human Services (Medicare) Act 1973;
“claims rules” mean the rules, in force from time to time, made under subsections 98AC(4) and 99AAA(8) of the National Health Act 1953;
“dependant”, in relation to a concessional beneficiary, has the meaning given by Part VII of the National Health Act 1953;
“hospital treatment” has the meaning given by section 121‑5 of the Private Health Insurance Act 2007;
“medication chart” has the meaning given by subsection 11B(6);
“pharmaceutical item” has the meaning given in Part VII of the National Health Act 1953;
“PBS prescriber” has the meaning given by subsection 84(1) of the National Health Act 1953;
“PBS prescriber number” means the number given by the Chief Executive Medicare to a person who may prescribe a pharmaceutical benefit under the National Health Act 1953;
“Repatriation Schedule of Pharmaceutical Benefits” means all that writing in the Pharmaceutical Benefits Scheme for the part “Repatriation Schedule of Pharmaceutical Benefits”;
Note: as at 1 September 2014 the part comprised pages 1077-1082.
“residential care service” has the meaning given by the Aged Care Act 1997;
“RPBS Explanatory Notes” means the document forming part of the Pharmaceutical Benefits Scheme that is the: RPBS Explanatory Notes – being the version of the document as it exists on the date for the document in Schedule 1;
Note: as at 1 September 2014 the part comprised pages 1079-1082.
2   Part 1 – Interpretation (Section 3)
omit the definition “Approved Hospital Authority”, substitute:
“Approved Hospital Authority” has the meaning given by subsection 84(1) of the National Health Act 1953.
omit the definition “Authority Prescription Form”, substitute:
“Authority Prescription Form” means a prescription in the form, if any, for an “authority prescription” under the National Health (Pharmaceutical Benefits) Regulations 1960;
omit the definition “electronic prescription”, substitute:
“electronic prescription” means a prescription that is prepared and submitted:
(a) in accordance with approved information technology requirements (if any), by means of an approved electronic communication; and
(b) in accordance with the appropriate form under:
(i) sub-subparagraph 19(1)(a)(iia)(B) (prescriptions other than medication chart prescriptions) of the National Health (Pharmaceutical Benefits) Regulations 1960; or
(ii) subregulation 19AA(7) (medication chart prescriptions).of the National Health (Pharmaceutical Benefits) Regulations 1960.
omit the definition “Explanatory Notes”, substitute:
“Explanatory Notes” means:
(a) the document forming part of the Pharmaceutical Benefits Scheme that is: SECTION 1 — EXPLANATORY NOTES; and
Note: as at 1 September 2014 the part comprised pages 25-54.
(b) the document forming part of the Pharmaceutical Benefits Scheme that is: the RPBS Explanatory Notes;
Note: as at 1 September 2014 the part comprised pages 1079-1082.
being the version of the document as it exists on the date for the document in Schedule 1.
omit the definition “medication chart prescription”, substitute:
“medication chart prescription” has the meaning given by section 11B;
omit the definition “paper-based prescription”, substitute:
“paper‑based prescription” means a prescription that is prepared in duplicate in accordance with subparagraph 19(1)(a)(i), (ii) or (iii) of the National Health (Pharmaceutical Benefits) Regulations 1960.
 
omit the definition “paperless claim for payment”.
 
omit the definition, “PBS”, substitute:
 
“PBS” or “Pharmaceutical Benefits Scheme” means the document entitled “ Schedule of Pharmaceutical benefits”, with International Standard Serial Number 1037-3667, being the version of the document as it exists on the date for the document in Schedule 1;
 
omit the definition “prescription”.
 
omit the definition “ repeat authorisation form”, substitute:
“repeat authorisation form” means the form mentioned in subparagraph 26(1A)(a)(i) of the National Health (Pharmaceutical Benefits) Regulations 1960.
 
omit the definition “residential medication chart”.
 
omit the definition “RPBS Schedule”, substitute:
 
“RPBS Schedule” means the document forming part of the Pharmaceutical Benefits Scheme that is the Repatriation Schedule of Pharmaceutical Benefits, being the version of the document as it exists on the date for the document in Schedule 1;
 
omit the definition “streamlined authority code”.
 
omit the definition “supply certification form”, substitute:
 
“supply certification form” means the form of that name in the claims rules.
 
3   Part 1 – Interpretation (Section 4)
 
      substitute:
 
4.   Where it is provided for the Department or the Commission to notify of certain matters under the Scheme, the inclusion of the matter in the RPBS Explanatory Notes and publication of the RPBS Explanatory Notes (as part of the publication of the Pharmaceutical Benefits Scheme which includes the RPBS Explanatory Notes) shall be taken to constitute such notification.
 
4   Heading before section 11B
 
omit.
 
5        Section 11B
 
substitute:
 
11AA Writing prescriptions-general
                   A prescription for the supply of a Pharmaceutical benefit must be written in accordance with;
                     (a)  section 11A (prescriptions other than medication chart prescriptions); or
                     (b)  section 11B (medication chart prescriptions).
                                     Note: other provisions of the Scheme may also contain requirements for writing of prescriptions.
11A  Writing of prescriptions-prescriptions other than medication chart prescriptions
             (1)  An RPBS prescriber writes a prescription in accordance with this Scheme if the RPBS prescriber :
                     (a)  prepares the prescription:
                              (i)  in duplicate, by handwriting the prescription in ink on a prescription form:
                                        (A)  that is as nearly as practicable 18 centimetres long by 12 centimetres wide; and
                                        (B)  on which appears the name and address of the RPBS prescriber and, subject to subsection (4), the letters ‘RPBS’(or ‘DVA’); and
                                        (C)  on the original of which appear the words ‘pharmacist/patient copy’; and
                                        (D)  on the duplicate of which appear the words ‘Medicare Australia/DVA copy’; or
                             (ii)  in duplicate, by means of a computer on a prescription form:
                                        (A)  that is as nearly as practicable 18 centimetres long by 12 centimetres wide; and
                                        (B)  on which appears the name and address of the RPBS prescriber and, subject to subsection (4), the letters ‘RPBS’ (or ‘DVA’); and
                                        (C)  on the original of which appear the words ‘pharmacist/patient copy’; and
                                        (D)  on the duplicate of which appear the words ‘Medicare Australia/DVA copy’; and
                                         (E)  that is approved in writing for the purpose by the Secretary (as defined in the National Health Act 1953); or
                           (iia)  by means of a form:
                                        (A)  on which appear the name and address of the RPBS prescriber and the letters ‘RPBS’ (or ‘DVA’); and
                                        (B)  that is approved in writing by the Secretary (as defined in the National Health Act 1953) for the purpose of writing an electronic prescription; or
                            (iii)  by another method approved in writing by the Secretary (as defined in the National Health Act 1953); and
                     (b)  signs the prescription after it is prepared; and
                     (c)  for an authority prescription—writes on it that prior approval has been obtained (if the case); and
                     (d)  specifies on the prescription the date on which the prescription is written; and
                     (e)  for a Authorised Midwife or Authorised Nurse Practitioner—states in the prescription the number allotted to his or her approval under regulation 8A of the National Health Act 1953; and
                      (f)  states in the prescription the name of the person for whom the Pharmaceutical benefit is to be supplied and the address of that person; and
                     (g)  identifies in the prescription the Pharmaceutical benefit by such particulars as are necessary to identify the Pharmaceutical benefit; and
                     (h)  states in the prescription:
                              (i)  the quantity or number of units of the Pharmaceutical benefit to be supplied; and
                             (ii)  if the supply of the benefit is to be repeated—the number of times it is to be repeated; and
(i) if the Pharmaceutical benefit to be supplied is not a ready‑prepared pharmaceutical benefit (as defined in the National Health (Pharmaceutical Benefits) Regulations 1960)—indicates in the prescription the manner in which the Pharmaceutical benefit is to be administered.
                         
             (2)  A prescription written in accordance with this section must not provide for the supply of a Pharmaceutical benefit to:
                     (a)  a person if the RPBS prescriber has written, on the same day, another prescription for the supply of the same or an equivalent Pharmaceutical benefit to the person; or
                     (b)  more than 1 person.
             (3)  For subparagraphs (1)(a)(ii), (iia) and (iii), a prescription must not be prepared using a computer program that operates, or may operate, to indicate on a prescription by default, for the purpose of subsection 103(2A) of the National Health Act 1953, that only the brand of Pharmaceutical benefit specified in the prescription is to be supplied.
 
11B Writing prescriptions — medication chart prescriptions
Writing prescription by completing section of medication chart
(1)An RPBS prescriber writes a prescription (a medication chart prescription) for a Pharmaceutical benefit in accordance with this section if:
(a) the person for whom the Pharmaceutical benefit is prescribed is receiving treatment in or at:
(i) a residential care service at which the person is receiving residential care; or
(ii) an approved hospital; and
(b) the RPBS prescriber completes a section of a medication chart for the person in relation to the Pharmaceutical benefit in accordance with
(i) subsection (3) and
(ii) if the prescription would be an authority prescription – subsection (4).
             (2)  A reference in the Scheme to a prescription, or a medication chart prescription, includes a reference to the completed section of the chart by which a medication chart prescription was written.
     Completing section of medication chart—general
(3)   An RPBS prescriber completes a section of a medication chart in accordance with this subsection for a person (the patient) in relation to a Pharmaceutical benefit if:
                   (a) the RPBS prescriber writes in the section of the chart:
                        (i) particulars sufficient to identify the            Pharmaceutical benefit; and
                  (ii) the date on which the Pharmaceutical benefit is prescribed; and
                   (iii) the Pharmaceutical benefit’s dose, frequency of administration and route of administration; and
                        (iv) the letters ‘RPBS’ or ‘DVA’; and
(b) the chart contains the following information:
                   (i) the RPBS prescriber’s full name, address and PBS prescriber number (if a PBS prescriber);
                        (ii) the patient’s full name;
                        (iii) the patient’s medicare number;
(iv) the number of any entitlement card or concession card held by the patient;
(v) if the patient is a concessional beneficiary or the dependant of a concessional beneficiary – the number of any card issued by the Commonwealth and held by the concessional beneficiary that is evidence that the patient is entitled to receive the Pharmaceutical benefit on terms appropriate for the supply of the benefit to a patient of that kind;
                        (vi) the name of the residential care service or approved hospital in or at which the patient is receiving treatment;
                  (vii) if the patient is receiving treatment in or at a residential care service—the Residential Aged Care Service ID for the residential care service;
(viii) if the patient is receiving treatment in or at an approved hospital—the patient’s address and;
                  (c) the RPBS prescriber writes his or her signature:
                              (i)  in the section of the chart; and
                             (ii)  except in the case of an electronic prescription—on the cover page of the chart; and
                                (d) the section of the chart does not provide for the          supply of a Pharmaceutical benefit to more          than one person; and
(e) the section of the chart is not completed using a computer program that operates, or may operate, to indicate on a prescription by default, for subsection 103(2A) of the National Health Act 1953, that only the brand of Pharmaceutical benefit specified in the prescription is to be supplied; and
(f) if the patient is receiving treatment in or at an approved hospital—the chart specifies the day on which the chart’s period of validity ends under subsection 16AA(3A), which must be the last day of one of the following periods starting on the day the first prescription for a Pharmaceutical benefit is written in the chart:
                                   (i)          1 month;
                                   (ii)         4 months;
                                   (iii)        12 months; and
                  (g)  in any case—the section of the chart is completed     before the end of the chart’s period of validity                   under subsection 16AA(3) or (3A).
 
Note:          A section in a medication chart may set out fields that only need to have information filled in if the information is relevant to the particular prescription concerned.
Example:    For paragraph (f), the first prescription is written in a medication chart on 11 June in a particular year. The day specified in the chart as the day on which the chart’s period of validity ends must be 10 July or 10 October in that year, or 10 June in the following year.
 
Completing section of medication chart—authority prescriptions
(4)     An RPBS prescriber completes a section of a medication chart in accordance with this subsection for a person for the purpose of writing an authority prescription if the section of the chart contains:
(a) the authority prescription number (if one is given); and
(b)  one of the following:
           (i)   a note that Prior Approval for the prescription has been obtained;
(ii)  in any case—the streamlined authority code that is part of the circumstances determined under paragraph 85(7)(b) of the National Health Act 1953 for the Pharmaceutical benefit;
(iii) in any case—the streamlined authority code that is part of the conditions determined under subsection 85A(2A) of the National Health Act 1953 for the Pharmaceutical benefit.
(5)  Subparagraphs (4)(b) (ii) and (iii) do not apply to authority prescriptions that have been authorised in accordance with authority required procedures that are incorporated by reference into the circumstances determined for a Pharmaceutical benefit under subsection 85B(4) of the National Health Act 1953.
Note:   If a streamlined authority code or an authority approval number must be written on an authority prescription, and the code or number is not written on the authority prescription, the special patient contribution mentioned in subsection 85B(4) of the National Health Act 1953 may not be payable by the Commonwealth: see subsection 85B(5) of that Act.
Medication charts
(6) A medication chart is a chart in a form (if any) approved under subsection (7) that is used for prescribing, and recording the administration of, Pharmaceutical benefits to persons receiving treatment in or at a residential care service or a hospital, whether or not the chart :
(a) is used for any other purpose; or
(b) contains any other information.
                             
                   Note: For paragraph (a), the chart may also be used (for example) to prescribe, and record the administration of drugs, medicines and other substances that are not Pharmaceutical benefits.
             (7)  The form of a medication chart is approved if the Secretary (as defined in the National Health Act 1953) has approved it.
 
6        Section 11C
omit.
 
7        Section 16 (the Note)
 
substitute:
 
Note: The Commonwealth introduced medication chart prescribing (MCP) in stages.  Firstly there was a trial of MCP in certain residential care services and then it was adopted for residential care services.  Secondly, on 1 April 2015, a trial of MCP at certain hospitals commenced.  The intention in the RPBS is to ensure MCP under the RPBS can only occur for patients in residential care services or hospitals where it could occur in respect of those patients under the National Health (Pharmaceutical Benefits) Regulations 1960.
 
8        Section 16
 
after the section, insert:
16AA  Supply of pharmaceutical benefit on basis of medication chart prescription
             (1)  A Pharmaceutical benefit may only be supplied on the basis of a medication chart prescription by:
                   (a) if the person in respect of whom the Pharmaceutical             benefit is to be supplied is receiving treatment in or at   a residential care service – a Community Pharmacist;             or
                   (b) if the person in respect of whom the Pharmaceutical benefit is to be supplied is receiving treatment in or at          an approved hospital— a Community Pharmacist or   the Approved Hospital Authority.
             (2)  A Community Pharmacist may supply a Pharmaceutical benefit on the basis of a medication chart prescription only if:
                     (a)  the Community Pharmacist has seen:
                            (i) the medication chart by which the prescription   was written; or
                            (ii) a copy of so much of the chart as would indicate that subsections 11B(3) and (4) (if applicable) have been complied with; and
                     (b)  the date on which the Pharmaceutical benefit is supplied is:
                              (i)  during the period of validity of the medication chart; and
                             (ii)  no later than the stop date (if any) indicated in the prescription; and
                     (c)  the Community Pharmacist writes on the medication chart or the copy of the chart, the following for the supply:
                              (i)  the Community Pharmacist’s name and any approval number under regulation 8A of the National Health (Pharmaceutical Benefits) Regulations 1960;
                             (ii)  an identification number for the supply;
                            (iii)  the date on which the Pharmaceutical benefit is supplied.
         (3)      For paragraph (2)(b), the period of validity of a medication chart for a person receiving treatment in or at a residential care service:
                     (a)  starts on the day in a calendar month (the first calendar month) when the first prescription for a Pharmaceutical benefit is written in the medication chart; and
                     (b)  ends on the last day of the third calendar month that starts after the first calendar month.
Example:    The first prescription is written in a medication chart on 11 June. The period of validity of the medication chart starts on 11 June and ends on 30 September.
Note:          calendar month is defined in section 2B of the Acts Interpretation Act 1901.
          (3A)  For paragraph (2)(b), the period of validity of a medication chart for a person receiving treatment in or at a hospital:
(a) starts on the day when the first prescription for a Pharmaceutical benefit is written in the chart; and
(b) ends at the end of the day specified in the chart as the day on which the chart’s period of validity ends (see paragraph 11B(3)(f)).
             (4)  A Community Pharmacist may supply up to a maximum quantity of a Pharmaceutical item or Pharmaceutical benefit more than once on the basis of a particular medication chart prescription for the Pharmaceutical benefit only if:
                     (a)  the prescription indicates that an ongoing supply of the Pharmaceutical benefit is authorised for the period of validity of the chart; or
                     (b)  the prescription indicates a stop date for the supply of the Pharmaceutical benefit and, based on the dose and frequency of administration of the Pharmaceutical benefit indicated in the prescription, more than one supply of a maximum quantity of the Pharmaceutical item or Pharmaceutical benefit is needed before the stop date is reached.
Note:   See paragraph 85A(2)(a) of the National Health Act 1953, the PBS Schedule, and the RPBS Schedule, in relation to maximum quantities of pharmaceutical items or pharmaceutical benefits.
             (5)  If paragraphs (4)(a) and (b) do not apply, a Community Pharmacist may only supply the quantity of the Pharmaceutical benefit needed to give effect to the prescription, up to a maximum quantity of the pharmaceutical item or Pharmaceutical benefit.
Note:          The following information entered in the prescription may also indicate the quantity of the Pharmaceutical benefit that is needed:
(a)    the dose and frequency of administration of the Pharmaceutical benefit;
(b)    the date of prescribing, or the start date (if any) for administration of the Pharmaceutical benefit;
(c)    the stop date (if any) for administration of the Pharmaceutical benefit.
             (6)  However, for a supply:
                     (a)  on the basis of a prescription mentioned in paragraph (4)(a); or
                     (b)  mentioned in paragraph (5);
a Community Pharmacist may supply up to a maximum quantity of the pharmaceutical item or Pharmaceutical benefit even if the period of validity of the medication chart will end before administration of that quantity in accordance with the prescription would finish.
9        Section 16A
after the section, insert:
16AB  Information about status of person—continued dispensing and medication chart prescriptions
             (1)  This section applies in relation to:
                     (a)  the supply of a Pharmaceutical benefit to a person (the patient) by a Community Pharmacist (the supplier) under subsection 16A (continued dispensing); and
                     (b)  the supply of a Pharmaceutical benefit by a Community Pharmacist, on the basis of a medication chart prescription written for a person (the patient);
             (2)  The supplier must collect the following information at the time of supply:
                     (a)  information about whether the patient is, at the time of the supply:
                              (i)  a concessional beneficiary or a dependant of a concessional beneficiary; or
                             (ii)  the holder of a concession card or entitlement card;
                     (b)  for a person mentioned in subparagraph (a)(i)—the number specified on a card, issued by the Commonwealth, as an entitlement number (however described) in relation to the person;
                     (c)  for a person mentioned in subparagraph (a)(ii)—the number of the concession card or entitlement card.
             (3)  The supplier must include the information collected under subsection (2) in the claim for a payment from the Commonwealth in relation to the supply using the Claims Transmission System, within the meaning given by subsection 99AAA(1) of the National Health Act 1953.
 
10      Section 24A (including the note)
 
omit.
 
11      Section 24
 
at the end, insert:
 
Note (1): this provision incorporates into the Scheme, among other relevant “National Health Act 1953 requirements” (particularly the requirements in the claims rules made under subsections 98AC(4) and 99AAA(8) of the National Health Act 1953), the requirement for a claimant to include a “supply certification form” with a claim (manual and electronic).
 
Note (2): if a claim is made electronically, the supply certification form is to be given electronically (claims rules).
 
Note (3): for electronic claims, prescriptions need not be provided (claims rules).
 
12      Section 24B
 
omit.
 
13      Section 25
 
substitute:
 
25.       Claims Requirements and Payment
 
(1) The payment of a claim under the Scheme is subject to:
 
(a) compliance with the Scheme, in particular section 24; and
(b) submission of a completed supply certification form under the claims rules.
 
13A   Section 37
 
substitute:
 
37.       The annual value of the pharmaceutical allowance component is calculated as follows:
 
(a)        for a veteran in receipt of veterans supplement or MRCA supplement at different times throughout the year, the amount of $6 per fortnight, indexed according to section 198F of the Act:
 
(i) as if the amount of $6 is the dollar amount in subsection 198F(1);
(ii) since September 2009 (i.e. once annually since 1 January 2010), calculated at a daily rate and valued according to the number of days in the calendar year veterans supplement or MRCA supplement was payable;
 
(b)        subject to (c), for a veteran in receipt of an income support payment or an income support payment under the Social Security Act 1991 that, respectively, attracts pension supplement, or social security pension supplement greater than the basic amount of pension supplement, the amount of $6 per fortnight, indexed according to Division 18 of Part IIIB of the Act:
 
(i)        as if the amount of $6 is an amount of PS rate (pension supplement rate) in Item 1A of the CPI Indexation Table in section 59B;
(ii)      since September 2009 (i.e. each 20 March and 20 September commencing 20 March 2010), calculated at a daily rate and valued according to the number of days in the calendar year pension supplement was payable;
                       
                        Note: this provision could also apply to a veteran who is a member of a couple.
 
(c)        for a veteran in receipt of pension supplement who is a member of a couple:
 
(i) if the veteran's partner does not receive an income support payment that attracts pension supplement or an income support payment under the Social Security Act 1991 that attracts social security pension supplement greater than the basic amount of pension supplement — 50% of the amount in (b); or
            (ii) if the veteran and partner are an illness separated couple— the   amount in (b); or
            (iii) if the veteran and partner are not an illness separated couple but the veteran's partner is a veteran or a member — 50% of the amount in (b);
 
(d)       for a veteran who is a war widow/war widower —pensioner, the amount of $6 per fortnight, indexed according to Division 18 of Part IIIB of the Act:
 
(i)        as if the amount of $6 is an amount of PS rate (pension supplement rate) in Item 1A of the CPI Indexation Table in section 59B;
 
(ii)      since September 2009 (i.e. each 20 March and 20 September commencing 20 March 2010), calculated at a daily rate and valued according to the number of days in the calendar year the person was a war widow/war-widower —pensioner.
 
Note: a pharmaceutical allowance component calculated under (d) may be in addition to a pharmaceutical allowance component calculated under (b) or (c) and the sum of all the pharmaceutical allowance components could reduce the amount of the pharmaceutical reimbursement.
 
Note: the following terms are defined in the Act:
 
“member of a couple” - 5E(2).
“partner” – 5E(1).
“war widow/war-widower —pensioner” – 5Q(1).
 
14   Section 45
 
substitute:
45  Keeping documents-other than for continued dispensing or medication chart prescriptions
             (1)  If a Community Pharmacist supplies a Pharmaceutical benefit, other than a Pharmaceutical benefit that is:
                   (a) a dangerous drug (defined below); or
                   (b) supplied under section 16A (continued dispensing); or
                   (c) supplied on the basis of a medication chart prescription;
the Community Pharmacist must keep a document specified in subsection (2) that relates to the supply for at least 2 years after the supply.
             (2)  For subsection (1), the following documents are specified:
                     (a)  in the case of supply upon a prescription not bearing instructions to supply the Pharmaceutical benefit more than once:
                              (i)  for a paper‑based prescription—the pharmacist/patient copy and the Medicare Australia/DVA copy; or
                             (ii)  for an electronic prescription—the electronic prescription;
                   (ab)  in the case of supply upon a prescription bearing instructions to supply the Pharmaceutical benefit more than once, if it is supplied on the first occasion on which supply is authorised:
                              (i)  for a paper‑based prescription—the Medicare Australia/DVA copy ; or
                             (ii)  for an electronic prescription—the electronic prescription and the repeat authorisation;
                    (ac)  in the case of supply upon a prescription bearing instructions to supply the Pharmaceutical benefit more than once, if it is supplied other than on the first or last occasion on which supply is authorised:
                              (i)  for a paper-based prescription—the repeat authorisation for the most recent previous supply; or
                             (ii)  for an electronic prescription—the electronic prescription and the repeat authorisation for the most recent previous supply;
 
                     (b)  in the case of supply upon a prescription bearing instructions to supply the Pharmaceutical benefit more than once, if it is supplied on the last occasion on which supply is authorised:
                              (i)  for a paper‑based prescription—the pharmacist/patient copy and the repeat authorisation for the most recent previous supply; or
                             (ii)  for an electronic prescription—the electronic prescription and the repeat authorisation for the most recent previous supply;
             (3)  In this section:
dangerous drug means a drug or medicinal preparation in respect of which the law of the State or Territory in which the prescription is written provides that a pharmacist who dispenses that drug or medicinal preparation, or who dispenses it on the last of a number of occasions of supply indicated in a prescription for its supply, must take possession of the prescription and cancel it or deliver it to the authority administering that law.
45A  Keeping documents—continued dispensing
             (1)  If a Community Pharmacist supplies a Pharmaceutical benefit to a person under section 16A (continued dispensing), the pharmacist is to keep the following information for at least 2 years from the date on which the Pharmaceutical benefit was supplied by the Community Pharmacist:
                             (a)  the information that supports the claim for payment made under section 24 (in effect, under section 99AAA of the National Health Act 1953) in relation to the supply of the Pharmaceutical benefit including the repeat authorisation form;
                             (b)  the information, about the supply of the Pharmaceutical benefit, that is given to the RPBS prescriber who most recently prescribed the Pharmaceutical benefit to the person.
45B  Keeping documents—medication chart prescriptions
             (1)  If a Community Pharmacist supplies a Pharmaceutical benefit on the basis of a medication chart prescription, the pharmacist is to keep the medication chart, or a copy of the medication chart on which the Community Pharmacist wrote the details mentioned in paragraph 16AA(2)(c) in relation to the prescription, for at least 2 years from the date of supply.
 
15   Schedule 1 – Incorporated Documents
 
      omit:
 
The following documents, in force on 1 November 2013, are incorporated-by-reference into the Scheme:
 
substitute:
 
The following documents, in the version in which they exist on 1 April 2015, are incorporated-by-reference into the Scheme:
 
16   Schedule 1 – Incorporated Documents (List A)
 
            insert:
·                     RPBS Explanatory Notes
·                     PBS or Pharmaceutical Benefits Scheme
 
 
 
 
 
 
Schedule 2
 
Variations to the MRCA Pharmaceutical Benefits Scheme
 
1   Part 1 – Interpretation (Section 3)
 
         insert:
“approved hospital” means a hospital in respect of which the hospital authority is approved under section 94 of the National Health Act 1953;
“authority prescription” means:
(a) a prescription of a Pharmaceutical benefit for which Prior Approval under section 6 is required;
(b) an authority prescription as defined in the National Health (Pharmaceutical Benefits) Regulations 1960;
“Chief Executive Medicare” has the meaning given by the Human Services (Medicare) Act 1973;
“claims rules” mean the rules, in force from time to time, made under subsections 98AC(4) and 99AAA(8) of the National Health Act 1953;
“dependant”, in relation to a concessional beneficiary, has the meaning given by Part VII of the National Health Act 1953;
“hospital treatment” has the meaning given by section 121‑5 of the Private Health Insurance Act 2007;
“medication chart” has the meaning given by subsection 11B(6);
“MPBS” means the MRCA Pharmaceutical Benefits Scheme;
“pharmaceutical item” has the meaning given in Part VII of the National Health Act 1953;
“PBS prescriber” has the meaning given by subsection 84(1) of the National Health Act 1953;
“PBS prescriber number” means the number given by the Chief Executive Medicare to a person who may prescribe a pharmaceutical benefit under the National Health Act 1953;
“Repatriation Schedule of Pharmaceutical Benefits” means all that writing in the Pharmaceutical Benefits Scheme for the part “Repatriation Schedule of Pharmaceutical Benefits”;
Note: as at 1 September 2014 the part comprised pages 1077-1082.
“residential care service” has the meaning given by the Aged Care Act 1997;
“RPBS Explanatory Notes” means the document forming part of the Pharmaceutical Benefits Scheme that is the: RPBS Explanatory Notes – being the version of the document as it exists on the date for the document in Schedule 1;
Note: as at 1 September 2014 the part comprised pages 1079-1082.
2   Part 1 – Interpretation (Section 3)
omit the definition “Approved Hospital Authority”, substitute:
“Approved Hospital Authority” has the meaning given by subsection 84(1) of the National Health Act 1953.
omit the definition “Authority Prescription Form”, substitute:
“Authority Prescription Form” means a prescription in the form, if any, for an “authority prescription” under the National Health (Pharmaceutical Benefits) Regulations 1960 in force from time to time;
omit the definition “electronic prescription”, substitute:
“electronic prescription” means a prescription that is prepared and submitted:
(a) in accordance with approved information technology requirements (if any), by means of an approved electronic communication; and
(b) in accordance with the appropriate form under:
(i) sub-subparagraph 19(1)(a)(iia)(B) (prescriptions other than medication chart prescriptions) of the National Health (Pharmaceutical Benefits) Regulations 1960; or
(ii) subregulation 19AA(7) (medication chart prescriptions).of the National Health (Pharmaceutical Benefits) Regulations 1960.
omit the definition “Explanatory Notes”, substitute:
“Explanatory Notes” means:
(a) the document forming part of the Pharmaceutical Benefits Scheme that is: SECTION 1 — EXPLANATORY NOTES; and
Note: as at 1 September 2014 the part comprised pages 25-54.
(b) the document forming part of the Pharmaceutical Benefits Scheme that is: the RPBS Explanatory Notes;
Note: as at 1 September 2014 the part comprised pages 1079-1082.
being the version of the document as it exists on the date for the document in Schedule 1.
omit the definition “medication chart prescription”, substitute:
“medication chart prescription” has the meaning given by section 11B;
omit the definition “paper-based prescription”, substitute:
“paper‑based prescription” means a prescription that is prepared in duplicate in accordance with subparagraph 19(1)(a)(i), (ii) or (iii) of the National Health (Pharmaceutical Benefits) Regulations 1960 in force from time to time.
 
omit the definition “paperless claim for payment”.
 
omit the definition, “PBS”, substitute:
 
“PBS” or “Pharmaceutical Benefits Scheme” means the document entitled “ Schedule of Pharmaceutical benefits”, with International Standard Serial Number 1037-3667, being the version of the document as it exists on the date for the document in Schedule 1;
 
omit the definition “prescription”.
 
omit the definition “ repeat authorisation form”, substitute:
“repeat authorisation form” means the form mentioned in subparagraph 26(1A)(a)(i) of the National Health (Pharmaceutical Benefits) Regulations 1960 in force from time to time.
 
omit the definition “residential medication chart”.
 
omit the definition “RPBS Schedule”, substitute:
 
“RPBS Schedule” means the document forming part of the Pharmaceutical Benefits Scheme that is the Repatriation Schedule of Pharmaceutical Benefits, being the version of the document as it exists on the date for the document in Schedule 1;
 
omit the definition “streamlined authority code”.
 
omit the definition “supply certification form”, substitute:
 
“supply certification form” means the form of that name in the claims rules.
 
omit the definition “RPBS prescriber”, substitute:
 
“MPBS prescriber” means an Approved Medical Practitioner, an Authorised Midwife or an Authorised Nurse Practitioner.
 
3   Part 1 – Interpretation (Section 4)
 
      substitute:
 
4.   Where it is provided for the Department or the Commission to notify of certain matters under the Scheme, the inclusion of the matter in the RPBS Explanatory Notes and publication of the RPBS Explanatory Notes (as part of the publication of the Pharmaceutical Benefits Scheme which includes the RPBS Explanatory Notes) shall be taken to constitute such notification.
 
4   Heading before section 11B
 
omit.
 
5        Section 11B
 
substitute:
 
11AA Writing prescriptions-general
                   A prescription for the supply of a Pharmaceutical benefit must be written in accordance with;
                     (a)  section 11A (prescriptions other than medication chart prescriptions); or
                     (b)  section 11B (medication chart prescriptions).
                                     Note: other provisions of the Scheme may also contain requirements for writing of prescriptions.
11A  Writing of prescriptions-prescriptions other than medication chart prescriptions
             (1)  An MPBS prescriber writes a prescription in accordance with this Scheme if the MPBS prescriber :
                     (a)  prepares the prescription:
                              (i)  in duplicate, by handwriting the prescription in ink on a prescription form:
                                        (A)  that is as nearly as practicable 18 centimetres long by 12 centimetres wide; and
                                        (B)  on which appears the name and address of the MPBS prescriber and, subject to subsection (4), the letters ‘RPBS’ or ‘MPBS’ or ‘DVA’; and
                                        (C)  on the original of which appear the words ‘pharmacist/patient copy’; and
                                        (D)  on the duplicate of which appear the words ‘Medicare Australia/DVA copy’; or
                             (ii)  in duplicate, by means of a computer on a prescription form:
                                        (A)  that is as nearly as practicable 18 centimetres long by 12 centimetres wide; and
                                        (B)  on which appears the name and address of the MPBS prescriber and, subject to subsection (4), the letters ‘RPBS’ or ‘MPBS’ or ‘DVA’; and
                                        (C)  on the original of which appear the words ‘pharmacist/patient copy’; and
                                        (D)  on the duplicate of which appear the words ‘Medicare Australia/DVA copy’; and
                                         (E)  that is approved in writing for the purpose by the Secretary (as defined in the National Health Act 1953); or
                           (iia)  by means of a form:
                                        (A)  on which appear the name and address of the MPBS prescriber and the letters ‘RPBS’ or ‘MPBS’ or ‘DVA’; and
                                        (B)  that is approved in writing by the Secretary (as defined in the National Health Act 1953) for the purpose of writing an electronic prescription; or
                            (iii)  by another method approved in writing by the Secretary (as defined in the National Health Act 1953); and
                     (b)  signs the prescription after it is prepared; and
                     (c)  for an authority prescription—writes on it that prior approval has been obtained (if the case); and
                     (d)  specifies on the prescription the date on which the prescription is written; and
                     (e)  for a Authorised Midwife or Authorised Nurse Practitioner—states in the prescription the number allotted to his or her approval under regulation 8A of the National Health Act 1953; and
                      (f)  states in the prescription the name of the person for whom the Pharmaceutical benefit is to be supplied and the address of that person; and
                     (g)  identifies in the prescription the Pharmaceutical benefit by such particulars as are necessary to identify the Pharmaceutical benefit; and
                     (h)  states in the prescription:
                              (i)  the quantity or number of units of the Pharmaceutical benefit to be supplied; and
                             (ii)  if the supply of the benefit is to be repeated—the number of times it is to be repeated; and
(i) if the Pharmaceutical benefit to be supplied is not a ready‑prepared pharmaceutical benefit (as defined in the National Health (Pharmaceutical Benefits) Regulations 1960)—indicates in the prescription the manner in which the Pharmaceutical benefit is to be administered.
                         
             (2)  A prescription written in accordance with this section must not provide for the supply of a Pharmaceutical benefit to:
                     (a)  a person if the MPBS prescriber has written, on the same day, another prescription for the supply of the same or an equivalent Pharmaceutical benefit to the person; or
                     (b)  more than 1 person.
             (3)  For subparagraphs (1)(a)(ii), (iia) and (iii), a prescription must not be prepared using a computer program that operates, or may operate, to indicate on a prescription by default, for the purpose of subsection 103(2A) of the National Health Act 1953, that only the brand of Pharmaceutical benefit specified in the prescription is to be supplied.
 
11B Writing prescriptions — medication chart prescriptions
Writing prescription by completing section of medication chart
(1) A MPBS prescriber writes a prescription (a medication chart prescription) for a Pharmaceutical benefit in accordance with this section if:
(a) the person for whom the Pharmaceutical benefit is prescribed is receiving treatment in or at:
(i) a residential care service at which the person is receiving residential care; or
(ii) an approved hospital; and
(b) the MPBS prescriber completes a section of a medication chart for the person in relation to the Pharmaceutical benefit in accordance with
(i) subsection (3) and
(ii) if the prescription would be an authority prescription – subsection (4).
             (2)  A reference in the Scheme to a prescription, or a medication chart prescription, includes a reference to the completed section of the chart by which a medication chart prescription was written.
     Completing section of medication chart—general
(3)   An MPBS prescriber completes a section of a medication chart in accordance with this subsection for a person (the patient) in relation to a Pharmaceutical benefit if:
                   (a) the MPBS prescriber writes in the section of the chart:
                        (i) particulars sufficient to identify the            Pharmaceutical benefit; and
                  (ii) the date on which the Pharmaceutical benefit is prescribed; and
                   (iii) the Pharmaceutical benefit’s dose, frequency of administration and route of administration; and
                        (iv) the letters ‘RPBS’ or ‘MPBS’ or ‘DVA’; and
(b) the chart contains the following information:
                   (i) the MPBS prescriber’s full name, address and PBS prescriber number (if a PBS prescriber);
                        (ii) the patient’s full name;
                        (iii) the patient’s medicare number;
(iv) the number of any entitlement card or concession card held by the patient;
(v) if the patient is a concessional beneficiary or the dependant of a concessional beneficiary – the number of any card issued by the Commonwealth and held by the concessional beneficiary that is evidence that the patient is entitled to receive the Pharmaceutical benefit on terms appropriate for the supply of the benefit to a patient of that kind;
                        (vi) the name of the residential care service or approved hospital in or at which the patient is receiving treatment;
                  (vii) if the patient is receiving treatment in or at a residential care service—the Residential Aged Care Service ID for the residential care service;
(viii) if the patient is receiving treatment in or at an approved hospital—the patient’s address and;
                  (c) the MPBS prescriber writes his or her signature:
                              (i)  in the section of the chart; and
                             (ii)  except in the case of an electronic prescription—on the cover page of the chart; and
                                (d) the section of the chart does not provide for the          supply of a Pharmaceutical benefit to more          than one person; and
(e) the section of the chart is not completed using a computer program that operates, or may operate, to indicate on a prescription by default, for subsection 103(2A) of the National Health Act 1953, that only the brand of Pharmaceutical benefit specified in the prescription is to be supplied; and
(f) if the patient is receiving treatment in or at an approved hospital—the chart specifies the day on which the chart’s period of validity ends under subsection 16AA(3A), which must be the last day of one of the following periods starting on the day the first prescription for a Pharmaceutical benefit is written in the chart:
                                   (i)          1 month;
                                   (ii)         4 months;
                                   (iii)        12 months; and
                  (g)  in any case—the section of the chart is completed before the end of the chart’s period of validity under subsection 16AA(3) or (3A).
 
Note:          A section in a medication chart may set out fields that only need to have information filled in if the information is relevant to the particular prescription concerned.
Example:    For paragraph (f), the first prescription is written in a medication chart on 11 June in a particular year. The day specified in the chart as the day on which the chart’s period of validity ends must be 10 July or 10 October in that year, or 10 June in the following year.
 
Completing section of medication chart—authority prescriptions
(4)        An MPBS prescriber completes a section of a medication chart in accordance with this subsection for a person for the purpose of writing an authority prescription if the section of the chart contains:
(a) the authority prescription number (if one is          given); and
(b)  one of the following:
           (i)   a note that Prior Approval for the prescription has been obtained;
(ii)  in any case—the streamlined authority code that is part of the circumstances determined under paragraph 85(7)(b) of the National Health Act 1953 for the Pharmaceutical benefit;
(iii) in any case—the streamlined authority code that is part of the conditions determined under subsection 85A(2A) of the National Health Act 1953 for the Pharmaceutical benefit.
(5)     Subparagraphs (4)(b)(ii) and (iii) do not apply to authority prescriptions that have been authorised in accordance with authority required procedures that are incorporated by reference into the circumstances determined for a Pharmaceutical benefit under subsection 85B(4) of the National Health Act 1953.
Note:   If a streamlined authority code or an authority approval number must be written on an authority prescription, and the code or number is not written on the authority prescription, the special patient contribution mentioned in subsection 85B(4) of the National Health Act 1953 may not be payable by the Commonwealth: see subsection 85B(5) of that Act.
Medication charts
(6) A medication chart is a chart in a form (if any) approved under subsection (7) that is used for prescribing, and recording the administration of, Pharmaceutical benefits to persons receiving treatment in or at a residential care service or a hospital, whether or not the chart :
(a) is used for any other purpose; or
(b) contains any other information.
                             
                   Note: For paragraph (a), the chart may also be used (for example) to prescribe, and record the administration of drugs, medicines and other substances that are not Pharmaceutical benefits.
(7) The form of a medication chart is approved if the Secretary (as defined in the National Health Act 1953) has approved it.
 
6        Section 11C
 
omit.
 
7        Section 16 (the Note)
 
substitute:
 
Note: The Commonwealth introduced medication chart prescribing (MCP) in stages.  Firstly there was a trial of MCP in certain residential care services and then it was adopted for residential care services.  Secondly, on 1 April 2015, a trial of MCP at certain hospitals commenced.  The intention in the MPBS is to ensure MCP under the MPBS can only occur for patients in residential care services or hospitals where it could occur in respect of those patients under the National Health (Pharmaceutical Benefits) Regulations 1960.
 
8        Section 16
 
after the section, insert:
16AA  Supply of pharmaceutical benefit on basis of medication chart prescription
 
(1) A Pharmaceutical benefit may only be supplied on the basis of a medication chart prescription by:
                   (a) if the person in respect of whom the Pharmaceutical             benefit is to be supplied is receiving treatment in or at   a residential care service – a Community Pharmacist;             or
                   (b) if the person in respect of whom the Pharmaceutical benefit is to be supplied is receiving treatment in or at          an approved hospital— a Community Pharmacist or   the Approved Hospital Authority.
             (2)  A Community Pharmacist may supply a Pharmaceutical benefit on the basis of a medication chart prescription only if:
                     (a)  the Community Pharmacist has seen:
                            (i) the medication chart by which the prescription   was written; or
                            (ii) a copy of so much of the chart as would indicate that subsections 11B(3) and (4) (if applicable) have been complied with; and
                     (b)  the date on which the Pharmaceutical benefit is supplied is:
                              (i)  during the period of validity of the medication chart; and
                             (ii)  no later than the stop date (if any) indicated in the prescription; and
                     (c)  the Community Pharmacist writes on the medication chart or the copy of the chart, the following for the supply:
                              (i)  the Community Pharmacist’s name and any approval number under regulation 8A of the National Health (Pharmaceutical Benefits) Regulations 1960;
                             (ii)  an identification number for the supply;
                            (iii)  the date on which the Pharmaceutical benefit is supplied.
             (3)  For paragraph (2)(b), the period of validity of a medication chart for a person receiving treatment in or at a residential care service:
                     (a)  starts on the day in a calendar month (the first calendar month) when the first prescription for a Pharmaceutical benefit is written in the medication chart; and
                     (b)  ends on the last day of the third calendar month that starts after the first calendar month.
Example:    The first prescription is written in a medication chart on 11 June. The period of validity of the medication chart starts on 11 June and ends on 30 September.
Note:          calendar month is defined in section 2B of the Acts Interpretation Act 1901.
          (3A)  For paragraph (2)(b), the period of validity of a medication chart for a person receiving treatment in or at a hospital:
(a) starts on the day when the first prescription for a Pharmaceutical benefit is written in the chart; and
(b) ends at the end of the day specified in the chart as the day on which the chart’s period of validity ends (see paragraph 11B(3)(f)).
             (4)  A Community Pharmacist may supply up to a maximum quantity of a pharmaceutical item or Pharmaceutical benefit more than once on the basis of a particular medication chart prescription for the Pharmaceutical benefit only if:
                     (a)  the prescription indicates that an ongoing supply of the Pharmaceutical benefit is authorised for the period of validity of the chart; or
                     (b)  the prescription indicates a stop date for the supply of the Pharmaceutical benefit and, based on the dose and frequency of administration of the Pharmaceutical benefit indicated in the prescription, more than one supply of a maximum quantity of the Pharmaceutical item or Pharmaceutical benefit is needed before the stop date is reached.
Note:   See paragraph 85A(2)(a) of the National Health Act 1953, the PBS Schedule, and the RPBS Schedule, in relation to maximum quantities of pharmaceutical items or pharmaceutical benefits.
             (5)  If paragraphs (4)(a) and (b) do not apply, a Community Pharmacist may only supply the quantity of the Pharmaceutical benefit needed to give effect to the prescription, up to a maximum quantity of the pharmaceutical item or Pharmaceutical benefit.
Note:          The following information entered in the prescription may also indicate the quantity of the Pharmaceutical benefit that is needed:
(a)    the dose and frequency of administration of the Pharmaceutical benefit;
(b)    the date of prescribing, or the start date (if any) for administration of the Pharmaceutical benefit;
(c)    the stop date (if any) for administration of the Pharmaceutical benefit.
             (6)  However, for a supply:
                     (a)  on the basis of a prescription mentioned in paragraph (4)(a); or
                     (b)  mentioned in paragraph (5);
a Community Pharmacist may supply up to a maximum quantity of the pharmaceutical item or Pharmaceutical benefit even if the period of validity of the medication chart will end before administration of that quantity in accordance with the prescription would finish.
 
9        Section 16A
after the section, insert:
16AB  Information about status of person—continued dispensing and medication chart prescriptions
(1) This section applies in relation to:
                     (a)  the supply of a Pharmaceutical benefit to a person (the patient) by a Community Pharmacist (the supplier) under subsection 16A (continued dispensing); and
                     (b)  the supply of a Pharmaceutical benefit by a Community Pharmacist, on the basis of a medication chart prescription written for a person (the patient);
             (2)  The supplier must collect the following information at the time of supply:
                     (a)  information about whether the patient is, at the time of the supply:
                              (i)  a concessional beneficiary or a dependant of a concessional beneficiary; or
                             (ii)  the holder of a concession card or entitlement card;
                     (b)  for a person mentioned in subparagraph (a)(i)—the number specified on a card, issued by the Commonwealth, as an entitlement number (however described) in relation to the person;
                     (c)  for a person mentioned in subparagraph (a)(ii)—the number of the concession card or entitlement card.
(3) The supplier must include the information collected under subsection (2) in the claim for a payment from the Commonwealth in relation to the supply using the Claims Transmission System, within the meaning given by subsection 99AAA(1) of the National Health Act 1953.
 
10      Section 24A (including the note)
 
omit.
 
11      Section 24
 
at the end, insert:
 
Note (1): this provision incorporates into the Scheme, among other relevant “National Health Act 1953 requirements” (particularly the requirements in the claims rules made under subsections 98AC(4) and 99AAA(8) of the National Health Act 1953), the requirement for a claimant to include a “supply certification form” with a claim (manual and electronic).
 
Note (2): if a claim is made electronically, the supply certification form is to be given electronically (claims rules).
 
Note (3): for electronic claims, prescriptions need not be provided (claims rules).
 
12      Section 24B
 
omit.
 
13      Section 25
 
substitute:
 
25        Claims Requirements and Payment
 
(1) The payment of a claim under the Scheme is subject to:
 
(a) compliance with the Scheme, in particular section 24; and
(b) submission of a completed supply certification form under the claims rules.
 
13A   Section 37
 
substitute:
 
37 The annual value of the pharmaceutical allowance is calculated as follows:
 
(a)           for a member in receipt of the MRCA supplement or veterans supplement at different times throughout the year, the amount of $6 per fortnight, indexed according to section 198F of the Veterans’ Entitlements Act 1986:
 
(i) as if the amount of $6 is the dollar amount in subsection 198F(1);
 
(ii) since September 2009 (i.e. once annually since 1 January 2010), calculated at a daily rate and valued according to the number of days in the calendar year the MRCA supplement or veterans supplement was payable;
 
(b)       Subject to (d), for a member in receipt of an income support payment or an income support payment under the Social Security Act 1991 that attracts a pension supplement or a social security pension supplement greater than the basic amount of pension supplement, the amount of $6 per fortnight, indexed according to Division 18 of Part IIIB of the Veterans’ Entitlements Act 1986:
 
(i) as if the amount of $6 is an amount of PS rate (pension supplement rate) in Item 1A of the CPI Indexation Table in section 59B;
 
(ii) since September 2009 (i.e. each 20 March and 20 September commencing 20 March 2010), calculated at a daily rate and valued according to the number of days in the calendar year pension supplement was payable;
 
(c)               for a member in receipt of pension supplement, who is a member of a couple and whose partner is a member or veteran — 50% of the amount in (b).
 
Note: “partner” is defined in section 5 of the Act.
 
(d)              for a member in receipt of pension supplement who is a member of a couple and whose partner does not receive an income support payment or an income support payment under the Social Security Act 1991 that attracts a social security pension supplement greater than the basic amount of pension supplement — 50% of the amount in (b).
 
Note: “partner” is defined in section 5 of the Act.
 
14      Section 45
 
substitute:
45  Keeping documents-other than for continued dispensing or medication chart prescriptions
             (1)  If a Community Pharmacist supplies a Pharmaceutical benefit, other than a Pharmaceutical benefit that is:
                   (a) a dangerous drug (defined below); or
                   (b) supplied under section 16A (continued dispensing); or
                  (c) supplied on the basis of a medication chart      prescription;
the Community Pharmacist must keep a document specified in subsection (2) that relates to the supply for at least 2 years after the supply.
             (2)  For subsection (1), the following documents are specified:
                     (a)  in the case of supply upon a prescription not bearing instructions to supply the Pharmaceutical benefit more than once:
                              (i)  for a paper‑based prescription—the pharmacist/patient copy and the Medicare Australia/DVA copy; or
                             (ii)  for an electronic prescription—the electronic prescription;
                   (ab)  in the case of supply upon a prescription bearing instructions to supply the Pharmaceutical benefit more than once, if it is supplied on the first occasion on which supply is authorised:
                              (i)  for a paper‑based prescription—the Medicare Australia/DVA copy ; or
                             (ii)  for an electronic prescription—the electronic prescription and the repeat authorisation;
                    (ac)  in the case of supply upon a prescription bearing instructions to supply the Pharmaceutical benefit more than once, if it is supplied other than on the first or last occasion on which supply is authorised:
                              (i)  for a paper-based prescription—the repeat authorisation for the most recent previous supply; or
                             (ii)  for an electronic prescription—the electronic prescription and the repeat authorisation for the most recent previous supply;
 
                     (b)  in the case of supply upon a prescription bearing instructions to supply the Pharmaceutical benefit more than once, if it is supplied on the last occasion on which supply is authorised:
                              (i)  for a paper‑based prescription—the pharmacist/patient copy and the repeat authorisation for the most recent previous supply; or
                             (ii)  for an electronic prescription—the electronic prescription and the repeat authorisation for the most recent previous supply;
                         
             (3)  In this section:
dangerous drug means a drug or medicinal preparation in respect of which the law of the State or Territory in which the prescription is written provides that a pharmacist who dispenses that drug or medicinal preparation, or who dispenses it on the last of a number of occasions of supply indicated in a prescription for its supply, must take possession of the prescription and cancel it or deliver it to the authority administering that law.
45A  Keeping documents—continued dispensing
             (1)  If a Community Pharmacist supplies a Pharmaceutical benefit to a person under section 16A (continued dispensing), the pharmacist is to keep the following information for at least 2 years from the date on which the Pharmaceutical benefit was supplied by the Community Pharmacist:
                             (a)  the information that supports the claim for payment made under section 24 (in effect, under section 99AAA of the National Health Act 1953) in relation to the supply of the Pharmaceutical benefit including the repeat authorisation form;
                             (b)  the information, about the supply of the Pharmaceutical benefit, that is given to the MPBS prescriber who most recently prescribed the Pharmaceutical benefit to the person.
45B  Keeping documents—medication chart prescriptions
             (1)  If a Community Pharmacist supplies a Pharmaceutical benefit on the basis of a medication chart prescription, the pharmacist is to keep the medication chart, or a copy of the medication chart on which the Community Pharmacist wrote the details mentioned in 16AA(2)(c) in relation to the prescription, for at least 2 years from the date of supply.
 
15   Schedule 1 – Incorporated Documents
 
      omit:
 
The following documents, in force on 1 November 2013, are incorporated-by-reference into the Scheme:
 
substitute:
 
The following documents, in the version in which they exist on 1 April 2015, are incorporated-by-reference into the Scheme:
 
16   Schedule 1 – Incorporated Documents (List A)
 
            insert:
·                     RPBS Explanatory Notes
·                     PBS or Pharmaceutical Benefits Scheme
 
17 The MRCA Pharmaceutical Benefits Scheme
 
omit, wherever occurring, “RPBS prescriber”, substitute: MPBS prescriber
 
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