Healthcare Identifiers Amendment (Active Script List Registration) Regulations 2025

I, the Honourable Sam Mostyn AC, Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulations.

Dated    6 March 2025

Sam Mostyn AC

Governor‑General

By Her Excellency’s Command

Mark Butler

Minister for Health and Aged Care

Contents

1 Name

2 Commencement

3 Authority

4 Schedules

Schedule 1—Amendments

Healthcare Identifiers Regulations 2020

1  Name

  This instrument is the Healthcare Identifiers Amendment (Active Script List Registration) Regulations 2025.

2  Commencement

 (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

 (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3  Authority

  This instrument is made under the Healthcare Identifiers Act 2010.

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  Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.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

Healthcare Identifiers Regulations 2020

1  Section 5

Insert:

active script list means a prescription management system for healthcare recipients.

active script list registry means a system that provides services for, and provides for the management of, active script lists for healthcare recipients, including (but not limited to) the following:

 (a) facilitating a healthcare recipient to register for an active script list;

 (b) storing information submitted by a healthcare recipient, using a mobile or web application, during the registration process;

 (c) adding prescriptions, dispensing records and notifications to the active script list of a healthcare recipient;

 (d) enabling viewing of a healthcare recipient’s active prescriptions and tokens so they can be used to dispense electronic prescriptions for the healthcare recipient;

 (e) allowing mobile application vendors to provide mobile prescription applications.

active script list registry operator means an entity that operates an active script list registry.

electronic prescription has the same meaning as in the National Health (Pharmaceutical Benefits) Regulations 2017.

mobile intermediary service means a service that provides connection services for mobile prescription applications for the purpose of facilitating electronic prescriptions.

mobile intermediary service operator means an entity that operates a mobile intermediary service.

mobile prescription application means an application that enables a healthcare recipient to do either or both of the following:

 (a)  to manage the healthcare recipient’s prescriptions using a mobile phone or other personal electronic device;

 (b) to view, and manage access to, the healthcare recipient’s active script list.

mobile prescription application service provider means an entity that operates and/or provides a mobile prescription application.

token means a piece of information used to identify and access an electronic prescription or repeat authorisation.

2  After section 9

Insert:

9A  Authorisation of collection, use and disclosure—facilitating healthcare recipient to self‑register for an active script list

 (1) This section is made for the purposes of subsection 20(1) of the Act.

Authorisation of service operator

 (2) For the purposes of facilitating the provision of adequate and appropriate healthcare to a healthcare recipient, the service operator is authorised to do the following:

 (a) collect, from an active script list registry operator, the identifying information or healthcare identifier of the healthcare recipient;

 (b) use the identifying information or healthcare identifier to verify whether the healthcare recipient has a healthcare identifier;

 (c) disclose the healthcare recipient’s healthcare identifier to the active script list registry operator.

Authorisation of active script list registry operators

 (3) For the purposes of facilitating the provision of adequate and appropriate healthcare to a healthcare recipient, an active script list registry operator is authorised to:

 (a) collect the healthcare recipient’s healthcare identifier from the service operator; and

 (b) use the healthcare recipient’s healthcare identifier to register the healthcare recipient for an active script list.

 (4) For the purposes of facilitating the provision of adequate and appropriate healthcare to a healthcare recipient, an active script list registry operator is authorised to:

 (a) collect, from the healthcare recipient, the healthcare recipient’s identifying information or healthcare identifier using a mobile prescription application via a mobile intermediary service or a web application; and

 (b) disclose the identifying information or healthcare identifier to the service operator to verify the healthcare recipient’s healthcare identifier.

Authorisation of mobile prescription application service providers

 (5) For the purposes of facilitating the provision of adequate and appropriate healthcare to a healthcare recipient, a mobile prescription application service provider is authorised to do the following:

 (a) collect, from the healthcare recipient, the identifying information or healthcare identifier of the healthcare recipient;

 (b) use the identifying information or healthcare identifier of the healthcare recipient to facilitate the registration of the healthcare recipient for an active script list;

 (c) disclose the identifying information or healthcare identifier of the healthcare recipient to a mobile intermediary service operator to facilitate the registration of the healthcare recipient for an active script list.

Authorisation of mobile intermediary service operators

 (6) For the purposes of facilitating the provision of adequate and appropriate healthcare to a healthcare recipient, a mobile intermediary service operator is authorised to do the following:

 (a) collect, from a mobile prescription application, the identifying information or healthcare identifier of the healthcare recipient;

 (b) use the identifying information or healthcare identifier of the healthcare recipient to facilitate the registration of the healthcare recipient for an active script list;

 (c) disclose the identifying information or healthcare identifier of the healthcare recipient to an active script list registry operator to facilitate the registration of the healthcare recipient for an active script list.

3  In the appropriate position in Part 4

Insert:

Division 2—Application of the Healthcare Identifiers Amendment (Active Script List Registration) Regulations 2025

17  Application of the Healthcare Identifiers Amendment (Active Script List Registration) Regulations 2025

 (1) Section 9A, as inserted by the Healthcare Identifiers Amendment (Active Script List Registration) Regulations 2025, applies in relation to the use and disclosure of information on or after the commencement of that instrument, regardless of whether the information was collected before, on or after that commencement.

 (2) This section does not limit the application of section 9A.