Document ID: chunk:federal_register_of_legislation:C2025C00090:section:88:p2
Version: federal_register_of_legislation:C2025C00090
Segment Type: section
Provision Reference: s 88 (pt 2/4)
Character Range: 187022–189802

the administration of that benefit to himself or herself.
 (3) A prescription for the supply of a pharmaceutical benefit must not be written:
 (a) by a medical practitioner otherwise than in relation to the medical treatment of a person requiring that pharmaceutical benefit; or
 (b) by a participating dental practitioner otherwise than in relation to the dental treatment of a person requiring that pharmaceutical benefit; or
 (c) by an authorised optometrist otherwise than in relation to the optometrical treatment of a person requiring that pharmaceutical benefit; or
 (d) by an authorised midwife otherwise than in relation to the midwifery treatment of a person requiring that pharmaceutical benefit; or
 (e) by an authorised nurse practitioner otherwise than in relation to the nurse practitioner treatment by the authorised nurse practitioner of a person requiring that pharmaceutical benefit.
 (3A) A PBS prescriber, when writing or communicating a prescription for the supply of a pharmaceutical benefit to a person, may:
 (a) request the provision of a medicare number applicable to the person and of the expiry date in relation to that number; and
 (b) if a medicare number (whether with or without the expiry date in relation to that number):
 (i) is so provided as a number applicable to the person; or
 (ii) is retained as such a number in the PBS prescriber's records in accordance with section 88AA;
  endorse the medicare number on a prescription written for that person (including, in the case of a communicated prescription, a subsequent written version of that communicated prescription).
 (3B) A PBS prescriber must not inform an approved supplier of a medicare number, or a medicare number and an expiry date in relation to that number, in the circumstances described in subsection 86D(2), unless:
 (a) the person in respect of whom the number was provided; or
 (b) the legal guardian of that person; or
 (c) another person identified in a determination made by the Minister under section 86D or 88AA as capable of authorising the recording and retention of such number or number and date;
authorises the PBS prescriber to inform the approved supplier of that number, or number and date.
 (3C) Nothing in this section implies that a person is under any obligation:
 (a) to provide a medicare number, or a medicare number and the expiry date in relation to that number, to a PBS prescriber; or
 (b) to authorise such a PBS prescriber to inform an approved supplier of such a number, or number and date, in the circumstances described in subsection 86D(2).
 (4) Where a determination of the Minister under subsection 85A(1) is applicable to a PBS prescriber, the PBS prescriber shall not write a prescription for the supply of a pharmaceutical benefit except