Commonwealth Consolidated Acts

NATIONAL HEALTH AMENDMENT (PHARMACEUTICAL BENEFITS--BUDGET AND OTHER MEASURES) ACT 2018 - SCHEDULE 8

National Health Act 1953

1   Subsection   86(1)

Omit "furnishing", substitute "provision".

2   Subsection   88(1)

Repeal the subsection, substitute:

  (1)   Subject to this Part, a medical practitioner is authorised to write a prescription for the supply of any pharmaceutical benefit determined from to time to time by the Minister, for the purposes of this subsection, by legislative instrument.

3   Subsection   88(1A)

Omit "authorized", substitute "authorised".

4   After subsection   88(1E)

Insert:

  (1EA)   In deciding whether a prescription for the supply of a pharmaceutical benefit should be authorised for the purposes of subsection   ( 1), (1A), (1C), (1D) or (1E), the Minister must have regard to any advice given by the Pharmaceutical Benefits Advisory Committee.

  (1EB)   The Minister is not required to determine, in relation to a pharmaceutical benefit, that at least one kind of PBS prescriber is authorised to write a prescription for the supply of the benefit.

Note:   Paragraph   8 9(b) lists provisions that may permit supply of a pharmaceutical benefit other than on presentation of a prescription.

5   Subsection   92A(3)

Omit "or an approved medical practitioner".

6   Subsection   93A(5)

Repeal the subsection, substitute:

  (5)   A PBS prescriber may authorise a prescribed institution to supply a pharmaceutical benefit to patients receiving treatment in the institution if:

  (a)   the pharmaceutical benefit is covered by a determination made under paragraph   ( 2)(a); and

  (b)   the PBS prescriber is authorised under section   88 to write a prescription for the supply of the pharmaceutical benefit.

7   After subsection   101(4AAC)

Insert:

Functions relating to determinations under section   88

(4AACAA)   The Pharmaceutical Benefits Advisory Committee may give advice to the Minister as to which PBS prescribers should be authorised to write prescriptions for the supply of a pharmaceutical benefit.

8   Subsection   105AB(8)

Omit "or authority of a medical practitioner or a pharmacist or the approval of a dental practitioner as a participating dental practitioner", substitute "of a pharmacist".

9   Paragraph   1 39A(1)(de)

After "under section", insert "93,".