Commonwealth Consolidated Acts

NATIONAL HEALTH ACT 1953 - SECT 88AA

  (1)   If:

  (a)   a PBS prescriber is provided with a medicare number as a number applicable to a person (whether with or without the expiry date in relation to that number) either:

  (i)   as a result of a request under subsection   88(3A); or

  (ii)   to facilitate the writing of a prescription for the supply of pharmaceutical benefits at a later time or times; and

  (b)   the PBS prescriber is satisfied that the person providing the number, or number and date, is:

  (i)   the person in respect of whom the number was provided; or

  (ii)   the legal guardian of that person; or

  (iii)   another person who, in accordance with a determination made by the Minister under subsection   (4), is capable of giving an authorisation under this subsection;

the PBS prescriber may, with the authorisation of the person providing the number, or number and date:

  (c)   record and retain that number, or number and date, in the PBS prescriber's records; or

  (d)   if the PBS prescriber has already recorded and retained either or both of those particulars by virtue of a previous operation of this section--check the accuracy and completeness of the recorded particulars and, if the recorded particulars are inaccurate or incomplete, appropriately modify those particulars.

  (2)   Nothing in subsection   (1) implies that a person is under any obligation to authorise the recording and retention, in a PBS prescriber's records, of a medicare number, or of the expiry date in relation to such a number, provided as a result of a request under subsection   88(3A).

PBS prescriber responsible for storage and security

  (3)   A PBS prescriber who, under this section, records and retains medicare numbers, or medicare numbers and expiry dates in relation to those numbers, in the PBS prescriber's records must ensure:

  (a)   that the record of those numbers, or numbers and dates, is protected, by such security safeguards as it is reasonable in the circumstances to take, against loss, against unauthorised access, use, modification or disclosure, and against other misuse; and

  (b)   that if it is necessary for access to the record of those numbers, or numbers and dates, to be given to a person in connection with the provision of services to the PBS prescriber, everything reasonably within the power of the PBS prescriber is done to prevent unauthorised use or disclosure of information contained in that record.

  (4)   For the purposes of subsection   (1), the Minister may, by legislative instrument, determine a person to be capable of giving an authorisation.