1Name#
This instrument is the Veterans’ Affairs Pharmaceutical Benefits Schemes (National Health Act—Prescribing of Pharmaceutical Benefits) Amendment Determination 2026.
3Authority#
This instrument is made under subsections 91(4) of the Veterans’ Entitlements Act 1986 and 286(5) of the Military Rehabilitation and Compensation Act 2004.
4 Schedules#
Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.
Schedule 1 · Amendments
Repatriation Pharmaceutical Benefits Scheme 2013 No. R43#
1 Section 3, after the definition of Authorised Nurse Practitioner
insert
authorised nurse prescriber has the meaning given by subsection 84(1) of the National Health Act 1953.
authorised optometrist has the meaning given by subsection 84(1) of the National Health Act 1953.
2 Section 3 (definition of Commission)
repeal the definition, substitute
Commission means the body corporate continued in existence by section 360B of the Military Rehabilitation and Compensation Act 2004.
3 Section 3, after the definition of paper-based prescription
insert
participating dental practitioner has the meaning given by subsection 84(1) of the National Health Act 1953.
4 Section 3 (definition of RPBS prescriber, including the Note)
repeal the definition and the Note, substitute
RPBS prescriber means a Medical Practitioner, an Authorised Midwife, an Authorised Nurse Practitioner, an authorised nurse prescriber, a participating dental practitioner or an authorised optometrist.
Note: an RPBS prescriber who is not a Medical Practitioner may only prescribe Pharmaceutical benefits listed on the PBS. A prescription issued by an RPBS prescriber who is not a Medical Practitioner for Pharmaceutical benefits that are not available on the PBS is not recognised under the Scheme.
5 Paragraph 7(e), including the Note
repeal the paragraph and the Note, substitute
(e) basis for prescribing: the prescribing of therapeutic substances other than for clinical diagnosis by a Medical Practitioner, Authorised Nurse Practitioner, Authorised Midwife, authorised nurse prescriber, participating dental practitioner or authorised optometrist shall be invalid;
Note: an RPBS prescriber who is not a Medical Practitioner may only prescribe Pharmaceutical benefits listed on the PBS. A prescription issued by an RPBS prescriber who is not a Medical Practitioner for Pharmaceutical benefits that are not available on the PBS is not recognised under the Scheme.
6 Subsection 11(1)
repeal the subsection, substitute
Prescriptions are to be written by a Medical Practitioner, Authorised Nurse Practitioner, Authorised Midwife, authorised nurse prescriber, participating dental practitioner or authorised optometrist and, except where inconsistent with the Scheme, are to:
Note: an RPBS prescriber who is not a Medical Practitioner may only prescribe Pharmaceutical benefits listed on the PBS. A prescription issued by an RPBS prescriber who is not a Medical Practitioner for Pharmaceutical benefits that are not available on the PBS is not recognised under the Scheme.
7 Paragraph 11A(1)(e)
repeal the paragraph, substitute
(e) for an Authorised Midwife, Authorised Nurse Practitioner, authorised nurse prescriber, participating dental practitioner or authorised optometrist—states in the prescription the number allotted to his or her approval under section 16 of the National Health (Pharmaceutical Benefits) Regulations 2017; and
8 Section 12
repeal the section, substitute
12 When prescriptions are invalid
A prescription is not a valid Pharmaceutical benefit if the Medical Practitioner, Authorised Midwife, Authorised Nurse Practitioner, authorised nurse prescriber, participating dental practitioner or authorised optometrist:
Note: an RPBS prescriber who is not a Medical Practitioner may only prescribe Pharmaceutical benefits listed on the PBS. A prescription issued by an RPBS prescriber who is not a Medical Practitioner for Pharmaceutical benefits that are not available on the PBS is not recognised under the Scheme.
9 Section 13
repeal the section, substitute 13 Maximum quantity and repeats allowed
The quantity and repeats for Scheduled items are to be confined to those specified in the RPBS Schedule or PBS Schedule. However, where inadequate, the Medical Practitioner, Authorised Midwife, Authorised Nurse Practitioner, authorised nurse prescriber, participating dental practitioner or authorised optometrist may seek Prior Approval to prescribe a quantity greater, or a greater number of repeats, than the maximum listed in the RPBS Schedule or PBS Schedule.
Note: an RPBS prescriber who is not a Medical Practitioner may only prescribe Pharmaceutical benefits listed on the PBS. A prescription issued by an RPBS prescriber who is not a Medical Practitioner for Pharmaceutical benefits that are not available on the PBS is not recognised under the Scheme.
10 Section 15
repeal the section, substitute
15 Practitioners and others subject to this Scheme
Where a Medical Practitioner, Authorised Midwife, Authorised Nurse Practitioner, authorised nurse prescriber, participating dental practitioner or authorised optometrist prescribes for an Eligible Person, the Medical Practitioner, Authorised Midwife, Authorised Nurse Practitioner, authorised nurse prescriber, participating dental practitioner or authorised optometrist shall be subject to the terms and conditions of this Scheme and the Explanatory Notes.
Note: an RPBS prescriber who is not a Medical Practitioner may only prescribe Pharmaceutical benefits listed on the PBS. A prescription issued by an RPBS prescriber who is not a Medical Practitioner for Pharmaceutical benefits that are not available on the PBS is not recognised under the Scheme.
11 Section 17
repeal the section, substitute
17 Substitution of lesser priced alternative brand of drug
Where a valid prescription, issued by a Medical Practitioner, Authorised Midwife, Authorised Nurse Practitioner, authorised nurse prescriber, participating dental practitioner or authorised optometrist, prescribes a brand of drug listed on the PBS or RPBS Schedule, a Community Pharmacist may substitute, with the approval of the prescriber, a lesser priced alternative PBS or RPBS listed brand of the drug in lieu of the brand prescribed and shall endorse the original, duplicate and repeat authorisation accordingly.
Note: an RPBS prescriber who is not a Medical Practitioner may only prescribe Pharmaceutical benefits listed on the PBS. A prescription issued by an RPBS prescriber who is not a Medical Practitioner for Pharmaceutical benefits that are not available on the PBS is not recognised under the Scheme.
MRCA Pharmaceutical Benefits Scheme 2013 No. MRCC 44#
12 Section 3, after the definition of Authorised Nurse Practitioner
insert
authorised nurse prescriber has the meaning given by subsection 84(1) of the National Health Act 1953.
authorised optometrist has the meaning given by subsection 84(1) of the National Health Act 1953.
13 Section 3 (definition of Commission)
repeal the definition, substitute
Commission means the body corporate continued in existence by section 360B of the Act.
14 Section 3, after the definition of paper-based prescription
insert
participating dental practitioner has the meaning given by subsection 84(1) of the National Health Act 1953.
15 Section 3 (definition of MPBS prescriber, including the Note)
repeal the definition and the Note, substitute
MPBS prescriber means a Medical Practitioner, an Authorised Midwife, an Authorised Nurse Practitioner, an authorised nurse prescriber, a participating dental practitioner or an authorised optometrist.
Note: a MPBS prescriber who is not a Medical Practitioner may only prescribe Pharmaceutical benefits listed on the PBS. A prescription issued by an MPBS prescriber who is not a Medical Practitioner for Pharmaceutical benefits that are not available on the PBS is not recognised under the Scheme.
16 Paragraph 7(e), including the Note
repeal the paragraph and the Note, substitute
Note: a MPBS prescriber who is not a Medical Practitioner may only prescribe Pharmaceutical benefits listed on the PBS. A prescription issued by a MPBS prescriber who is not a Medical Practitioner for Pharmaceutical benefits that are not available on the PBS is not recognised under the Scheme.
17 Subsection 11(1)
repeal the subsection, substitute
Prescriptions are to be written by a Medical Practitioner, Authorised Nurse Practitioner, Authorised Midwife, authorised nurse prescriber, participating dental practitioner or authorised optometrist and, except where inconsistent with the Scheme, are to:
Note: a MPBS prescriber who is not a Medical Practitioner may only prescribe Pharmaceutical benefits listed on the PBS. A prescription issued by a MPBS prescriber who is not a Medical Practitioner for Pharmaceutical benefits that are not available on the PBS is not recognised under the Scheme.
18 Paragraph 11A(1)(e)
repeal the paragraph, substitute
19 Section 12
repeal the section, substitute
12 When prescriptions are invalid
A prescription is not a valid Pharmaceutical benefit if the Medical Practitioner, Authorised Midwife, Authorised Nurse Practitioner, authorised nurse prescriber, participating dental practitioner or authorised optometrist:
Note: a MPBS prescriber who is not a Medical Practitioner may only prescribe Pharmaceutical benefits listed on the PBS. A prescription issued by a MPBS prescriber who is not a Medical Practitioner for Pharmaceutical benefits that are not available on the PBS is not recognised under the Scheme.
20 Section 13
repeal the section, substitute
13 Maximum quantity and repeats allowed
The quantity and repeats for Scheduled items are to be confined to those specified in the RPBS Schedule or PBS Schedule. However, where inadequate, the Medical Practitioner, Authorised Midwife, Authorised Nurse Practitioner, authorised nurse prescriber, participating dental practitioner or authorised optometrist may seek Prior Approval to prescribe a quantity greater, or a greater number of repeats, than the maximum listed in the RPBS Schedule or PBS Schedule.
Note: a MPBS prescriber who is not a Medical Practitioner may only prescribe Pharmaceutical benefits listed on the PBS. A prescription issued by a MPBS prescriber who is not a Medical Practitioner for Pharmaceutical benefits that are not available on the PBS is not recognised under the Scheme.
21 Section 15
repeal the section, substitute
15 Medical Practitioner and others subject to this Scheme
Where a Medical Practitioner, Authorised Midwife, Authorised Nurse Practitioner, authorised nurse prescriber, participating dental practitioner or authorised optometrist prescribes for an Eligible Person, the Medical Practitioner, Authorised Midwife, Authorised Nurse Practitioner, authorised nurse prescriber, participating dental practitioner or authorised optometrist shall be subject to the terms and conditions of this Scheme and the Explanatory Notes.
Note: a MPBS prescriber who is not a Medical Practitioner may only prescribe Pharmaceutical benefits listed on the PBS. A prescription issued by a MPBS prescriber who is not a Medical Practitioner for Pharmaceutical benefits that are not available on the PBS is not recognised under the Scheme.
22 Section 17
repeal the section, substitute
17 Substitution of lesser priced alternative brand of drug
Where a valid prescription, issued by a Medical Practitioner, Authorised Midwife, Authorised Nurse Practitioner, authorised nurse prescriber, participating dental practitioner or authorised optometrist, prescribes a brand of drug listed on the PBS or RPBS Schedule, a Community Pharmacist may substitute, with the approval of the prescriber, a lesser priced alternative PBS or MPBS listed brand of the drug in lieu of the brand prescribed and shall endorse the original, duplicate and repeat authorisation accordingly.
Note: a MPBS prescriber who is not a Medical Practitioner may only prescribe Pharmaceutical benefits listed on the PBS. A prescription issued by a MPBS prescriber who is not a Medical Practitioner for Pharmaceutical benefits that are not available on the PBS is not recognised under the Scheme.
Sourced from the Federal Register of Legislation at legislation.gov.au, © Commonwealth of Australia, licensed under CC BY 4.0. Compilations may have been reformatted.