Commonwealth Consolidated Acts

NATIONAL HEALTH ACT 1953 - SECT 89A

  (1)   An approved pharmacist may, at or from premises in respect of which the pharmacist is for the time being approved, supply a pharmaceutical benefit without a prescription for that supply if:

  (a)   the pharmaceutical benefit is covered by an instrument made under subsection   (3); and

  (b)   the supply is made in accordance with conditions that are specified in an instrument made under subsection   (3).

  (2)   If an approved pharmacist makes a supply in accordance with subsection   (1), then this Act (other than paragraph   89(a)) applies in relation to the supply as if:

  (a)   a person had presented the pharmacist with a prescription that:

  (i)   had been written by a PBS prescriber in accordance with this Act and the regulations; and

  (ii)   did not contain a medicare number; and

  (b)   a reference in this Part to a prescription for the supply of a pharmaceutical benefit to a person who is a holder of a concession card or an entitlement card included a reference to a supply made in accordance with subsection   (1) to a person who is a holder of a concession card or an entitlement card on the day of the supply; and

  (c)   the following provisions were omitted:

  (i)   subsection   84(2A) and paragraph   84(10)(a);

  (ii)   section   84AA;

  (iii)   subparagraph   86B(3)(b)(i) and paragraph   86B(4)(e);

  (iv)   paragraphs 86C(3)(c) and (6)(e);

  (v)   paragraph   92A(1)(ca); and

  (d)   the words ", in accordance with section   84AA," in the definitions of concessional benefit prescription , concession card prescription and entitlement card prescription in subsection   84(1) were omitted.

  (3)   The Minister may, by legislative instrument, determine:

  (a)   the pharmaceutical benefits that may be supplied by an approved pharmacist without a prescription; and

  (b)   the conditions that must be satisfied when making a supply of those pharmaceutical benefits.

  (4)   The Minister must publish statistics annually for each pharmaceutical item supplied under subsection   (1).

  (5)   The Minister must:

  (a)   cause a written report to be prepared of a review of this section no more than two years from the commencement of the section; and

  (b)   cause a copy of the report to be laid before each House of the Parliament within six months of the commencement of the review.