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NATIONAL HEALTH ACT 1953 - SECT 89A

When pharmaceutical benefits may be supplied by approved pharmacists without prescription

             (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.



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