Document ID: chunk:federal_register_of_legislation:F2025L00083:front:0:p3
Version: federal_register_of_legislation:F2025L00083
Segment Type: other
Provision Reference: 
Character Range: 5936–9077

that is subject to a declaration under subsection 85(2A) of the Act;
                1.     it is subject to a determination under paragraph 85(8)(a) of the Act;
                2.     for a pharmaceutical benefit in relation to which a determination under paragraph 85(8)(b) of the Act has been made about the circumstances in which the benefit can only be supplied under a special arrangement under section 100 of the Act ‑ the supply is in those circumstances.

Part 2—Pharmaceutical benefits that may be supplied without a prescription

2.01  Pharmaceutical benefits covered by this instrument
  For the purposes of paragraph 89A(3)(a) of the Act, each pharmaceutical benefit that has a drug mentioned in an item in Schedule 1 is determined to be a pharmaceutical benefit that may be supplied by an approved pharmacist without a prescription.

Part 3—Specified conditions for supplying pharmaceutical benefits without a prescription

3.01  General
        1.   For the purposes of paragraph 89A(3)(b) of the Act, the conditions specified in this Part are determined to be the conditions that must be satisfied when making a supply (the requested supply) of a pharmaceutical benefit to a person (the patient) requesting the supply without a prescription in accordance with subsection 89A(1) of the Act.
        2.   In this Part:
            1.     a reference to the PBS prescriber is a reference to the PBS prescriber who most recently prescribed the supply of the pharmaceutical benefit to the patient; and
            2.     a reference to "the pharmaceutical benefit" in sections 3.03, 3.05, 3.06 and 3.07 includes a reference to a pharmaceutical benefit that is a Schedule equivalent.

3.02  Condition—unable to obtain prescription
             The approved pharmacist must be satisfied of either or both of the following:
            1.     the PBS prescriber is unable to be contacted;
            2.     the PBS prescriber is unable to provide an electronic prescription.

3.03  Condition—previous supply of pharmaceutical benefit
             The approved pharmacist must be satisfied that:
            1.     the patient has previously been supplied the pharmaceutical benefit on the basis of a prescription from a PBS prescriber; and
            2.     the PBS prescriber prescribed the supply of the pharmaceutical benefit for the patient in at least one of the circumstances determined for that pharmaceutical benefit under paragraph 85(7)(b) of the Act.
            Note: The circumstances determined under paragraph 85(7)(b) of the Act relate to pharmaceutical benefits that are relevant pharmaceutical benefits under section 88A of the Act.

3.04  Condition—stability of therapy
  The approved pharmacist must be satisfied that the patient's therapy is stable.

3.05  Condition—prior clinical review by PBS prescriber
  The approved pharmacist must be satisfied that:
            1.     the patient has been taking the pharmaceutical benefit regularly for an uninterrupted period; and
            2.     since the start of that period, the PBS prescriber has assessed the patient's condition and decided that there