Document ID: chunk:federal_register_of_legislation:F2024C01192:front:0:p3
Version: federal_register_of_legislation:F2024C01192
Segment Type: other
Provision Reference: 
Character Range: 5643–8651

to be a pharmaceutical benefit that may be supplied by an approved pharmacist without a prescription.
Note: A pharmaceutical benefit has the drug or medicinal preparation referred to in paragraph (a) of the definition pharmaceutical benefit in relation to that benefit – see subsection 84ABA(3).

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:
 (a) 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
 (b) 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:
 (a) the PBS prescriber is unable to be contacted;
 (b) 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:
 (a) the patient has previously been supplied the pharmaceutical benefit on the basis of a prescription from a PBS prescriber; and
 (b) 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:
 (a) the patient has been taking the pharmaceutical benefit regularly for an uninterrupted period; and
 (b) since the start of that period, the PBS prescriber has assessed the patient's condition and decided that there is a need for ongoing treatment with the pharmaceutical benefit.
Note: See paragraph 3.01(2)(a) for references to the PBS prescriber.

3.06  Condition—prescription for last supply of pharmaceutical benefit
  The approved pharmacist must be satisfied that the patient had a valid prescription under Part VII of the Act for the last supply of the pharmaceutical benefit to the patient before the requested supply.

3.07  Condition—no continued dispensing in previous 12 months
  The approved pharmacist must be satisfied that the patient was not supplied with the pharmaceutical benefit