Sections 93, 93AA and 93AB of the National Health Act 1953: The Prescriber Bag Provisions Explained

This article is for AHPRA registered medical practitioners, authorised nurse practitioners, and endorsed midwives who hold or are eligible to hold PBS prescribing authority. It is a plain English summary of three Commonwealth statutory provisions and does not constitute medical, pharmaceutical, or legal advice. Always cross check the current compiled text of the National Health Act 1953 before acting on any specific provision.

The Prescriber Bag Provisions at a Glance

• Section 93: authorises medical practitioners to supply pharmaceutical benefits as determined by the Minister. Originates in the 1953 Act.
• Section 93AA: authorises authorised midwives. Inserted by the National Health Amendment (Pharmaceutical Benefits Scheme) Act 2012.
• Section 93AB: authorises authorised nurse practitioners. Inserted by the same 2012 amending Act.
• Section 84: defines the three sections collectively as the prescriber bag provisions.
• Each section has four subsections: (1) authorisation to supply, (2) Minister's power to determine maximum quantity, (3) regulations on obtaining, (4) regulations on Commonwealth payment.
• Operative legislative instrument: the National Health (Prescriber Bag Supplies) Determination 2024 (F2024L00414), which exercises the Minister's power under each section.
• Collaborative arrangement requirement: removed from the section 84 definitions of authorised midwife and authorised nurse practitioner on 1 November 2024 by the Health Legislation Amendment (Removal of Requirement for a Collaborative Arrangement) Act 2024.
• Endorsed midwife participation: section 93AA was first exercised in a Prescriber Bag Determination on 1 February 2025.

What This Explainer Covers

1. Why three sections, not one
2. Section 93: medical practitioners
3. Section 93AA: authorised midwives
4. Section 93AB: authorised nurse practitioners
5. Section 84: how the three sections are tied together
6. The 2012 amendment that added midwives and nurse practitioners
7. The 2024 removal of the collaborative arrangement requirement
8. How the three sections connect to F2024L00414
9. Frequently asked questions

For the operational walkthrough of the legislative instrument that exercises the Minister's power under each section, see our F2024L00414 walkthrough. For the wider scheme context, see our complete guide to the PBS Doctor's Bag scheme. For prescriber type specific eligibility, see our guide for nurse practitioners and endorsed midwives.

1. Why Three Sections, Not One

If the PBS prescriber bag scheme were created from scratch in one piece of legislation, you might expect a single section covering every type of authorised prescriber. The reason there are three parallel sections, rather than one, is historical.

The original prescriber bag concept was authored for medical practitioners only. Section 93 has been in the National Health Act 1953 since its early decades and was drafted at a time when the only Commonwealth recognised PBS prescriber was the medical practitioner. As Australian health workforce policy evolved and the scope of practice of midwives and nurse practitioners expanded, Parliament needed a way to extend PBS prescribing authority, including prescriber bag authority, to those professions.

Rather than rewrite section 93, the 2012 amending Act inserted two new parallel sections. Section 93AA applies the same structure to authorised midwives. Section 93AB applies it to authorised nurse practitioners. The Act then introduced a collective definition in section 84 referring to all three as the prescriber bag provisions, so that other parts of the Act and its regulations could refer to the whole scheme without having to list each section separately.

The result is three near identical sections, each authorising a different prescriber type, all working off the same statutory architecture.

2. Section 93: Medical Practitioners

Section 93 is the foundational prescriber bag provision. It authorises a medical practitioner to supply pharmaceutical benefits determined by the Minister, for emergency use during patient care.

What section 93 says, in plain English

The section is structured in four subsections that follow the same pattern adopted later for sections 93AA and 93AB:

• Section 93(1). A medical practitioner is authorised to supply such pharmaceutical benefits as the Minister determines, by legislative instrument, to persons entitled under Part VII of the Act to receive them.
• Section 93(2). The Minister may, by legislative instrument, determine the maximum quantity or number of units of a pharmaceutical benefit that may be obtained by a medical practitioner during a specified period.
• Section 93(3). The regulations may make provision for or in relation to obtaining pharmaceutical benefits by a medical practitioner for the purposes of this section. (This is the basis for the Prescriber Bag Supplies Order Book and the supply order form process.)
• Section 93(4). The regulations may make provision for or in relation to payments by the Commonwealth in respect of the supply of pharmaceutical benefits under this section.

Why each subsection matters in practice

• Subsection (1) is the authorisation. Without it, a medical practitioner has no Commonwealth authority to supply PBS subsidised medicines outside the dispensing pharmacy model. This is the legal source of the doctor's bag itself.
• Subsection (2) is the quantity cap power. Every Maximum Quantity number in Schedule 1 of the Prescriber Bag Determination is made under this subsection.
• Subsection (3) is the procedural rule making power. Regulation 33 of the National Health (Pharmaceutical Benefits) Regulations 2017, including the stock on hand rule in regulation 33(3A), is made under the equivalent of this subsection.
• Subsection (4) is the payment provision. It is the statutory basis for the Commonwealth reimbursing approved suppliers (section 90 community pharmacies) for the prescriber bag items they dispense free to the prescriber.

3. Section 93AA: Authorised Midwives

Section 93AA does for authorised midwives what section 93 does for medical practitioners. It was inserted by the National Health Amendment (Pharmaceutical Benefits Scheme) Act 2012 and follows the same four subsection structure.

What section 93AA says, in plain English

• Section 93AA(1). Except as prescribed by the regulations, an authorised midwife is authorised to supply such pharmaceutical benefits as the Minister, by legislative instrument, determines to persons entitled under Part VII of the Act to receive them.
• Section 93AA(2). The Minister may, by legislative instrument, determine the maximum quantity or number of units of a pharmaceutical benefit that may be obtained by an authorised midwife during a specified period.
• Section 93AA(3). The regulations may make provision for or in relation to the obtaining of pharmaceutical benefits by an authorised midwife.
• Section 93AA(4). The regulations may make provision for or in relation to payments by the Commonwealth in respect of supply under this section.

The 13 year gap between enactment and use

Section 93AA has existed since 2012, but the Minister's power under it was not exercised in any Prescriber Bag Determination until 1 February 2025. For 13 years the section sat on the statute book without practical effect on the prescriber bag scheme.

The change came after the Pharmaceutical Benefits Advisory Committee's September 2024 intracycle review recommended adding authorised midwives as PBS prescribers for a range of listings, including specific Prescriber Bag items. Those recommendations were given effect through amendments to the Prescriber Bag Determination and the PBS schedule with commencement on 1 February 2025. The MW code in the Prescriber Bag Supplier column of Schedule 1 was added at that time.

In practical terms, an authorised midwife placing a prescriber bag order today is exercising authority under section 93AA(1), with the items, quantities, and group structure determined under section 93AA(2) through the operative Determination.

4. Section 93AB: Authorised Nurse Practitioners

Section 93AB does for authorised nurse practitioners what sections 93 and 93AA do for medical practitioners and authorised midwives. It was inserted by the same 2012 amending Act and uses the same four subsection template.

What section 93AB says, in plain English

• Section 93AB(1). Except as prescribed by the regulations, an authorised nurse practitioner is authorised to supply such pharmaceutical benefits as the Minister, by legislative instrument, determines to persons entitled under Part VII of the Act to receive them.
• Section 93AB(2). The Minister may, by legislative instrument, determine the maximum quantity or number of units of a pharmaceutical benefit that may be obtained by an authorised nurse practitioner during a specified period.
• Section 93AB(3). The regulations may make provision for or in relation to the obtaining of pharmaceutical benefits by an authorised nurse practitioner.
• Section 93AB(4). The regulations may make provision for or in relation to payments by the Commonwealth in respect of supply under this section.

How section 93AB has been used

Unlike section 93AA, section 93AB has been actively used since shortly after its 2012 enactment. The 2012 Prescriber Bag Determination (PB 73 of 2012), and subsequent amendments through to the current F2024L00414, have all exercised the Minister's power under section 93AB(1) and section 93AB(2) to authorise nurse practitioner supply of specified Schedule 1 items.

The NP code in the Prescriber Bag Supplier column of Schedule 1 of the current Determination corresponds directly to section 93AB authorisation. An authorised nurse practitioner placing a prescriber bag order is exercising authority under section 93AB(1).

5. Section 84: How the Three Sections Are Tied Together

Section 84 of the National Health Act 1953 is the interpretation section. It contains the definitions that give meaning to the rest of Part VII of the Act. Two definitions in section 84 do most of the work in connecting the three prescriber bag provisions to the wider scheme.

The prescriber bag provisions definition

Section 84 defines prescriber bag provisions as meaning:

• (a) section 93 (supplies by medical practitioners);
• (b) section 93AA (supplies by authorised midwives);
• (c) section 93AB (supplies by authorised nurse practitioners).

This collective definition is used elsewhere in the Act and the regulations. For example, regulation 33 of the National Health (Pharmaceutical Benefits) Regulations 2017 applies for the purposes of sections 93, 93AA and 93AB of the Act, treating the three sections as a single operational regime rather than three separate ones. Without the section 84 collective definition, every cross referencing provision would have to list the three sections each time.

The authorised midwife and authorised nurse practitioner definitions

Section 84 also defines who counts as an authorised midwife and an authorised nurse practitioner. These definitions are what determine whether a particular midwife or nurse practitioner is eligible to use sections 93AA or 93AB at all.

• Authorised midwife: an eligible midwife in relation to whom an approval is in force under section 84AAF.
• Authorised nurse practitioner: an eligible nurse practitioner in relation to whom an approval is in force under section 84AAJ.

The eligibility limbs (eligible midwife and eligible nurse practitioner) are defined elsewhere in the Act with reference to AHPRA registration and Nursing and Midwifery Board of Australia endorsements. Approvals under sections 84AAF and 84AAJ are administered by Services Australia and the Department of Health and Aged Care.

Until 1 November 2024, both definitions contained additional words requiring the practitioner to provide treatment in a collaborative arrangement with one or more medical practitioners. Those words were repealed by the 2024 amending Act, as discussed below.

6. The 2012 Amendment That Added Midwives and Nurse Practitioners

Sections 93AA and 93AB were inserted into the National Health Act 1953 by Schedule 1 of the National Health Amendment (Pharmaceutical Benefits Scheme) Act 2012. The amending Act also inserted the section 84 definitions of authorised midwife and authorised nurse practitioner, the related approval and review provisions in sections 84AAF, 84AAH, 84AAJ, and the collective prescriber bag provisions definition.

What the 2012 amendment did

• Created the legal architecture for midwife and nurse practitioner participation in the PBS as authorised suppliers, including the prescriber bag pathway.
• Inserted new sections 93AA and 93AB alongside existing section 93, with parallel four subsection structures so that the Minister could determine prescriber bag items, quantities, and procedures for each new prescriber type.
• Defined eligibility through the new sections 84AAF (midwives) and 84AAJ (nurse practitioners), each of which referenced the corresponding AHPRA registration and Nursing and Midwifery Board of Australia endorsement standards.
• Required collaborative arrangements with medical practitioners as part of the section 84 definitions of authorised midwife and authorised nurse practitioner. This requirement remained in force for 12 years before being removed in 2024.

From a prescriber bag perspective, the 2012 amendment created the statutory power to add nurse practitioner and midwife items to a Prescriber Bag Determination. As noted above, that power was exercised promptly for nurse practitioners (which is why NP marked items have been part of the scheme for over a decade) but was not exercised for midwives until 1 February 2025.

7. The 2024 Removal of the Collaborative Arrangement Requirement

The most significant recent change to the section 84 definitions of authorised midwife and authorised nurse practitioner came in 2024, with the passage of the Health Legislation Amendment (Removal of Requirement for a Collaborative Arrangement) Act 2024 (Act No. 33 of 2024). The Bill passed the Senate on 16 May 2024, received Royal Assent shortly afterwards, and commenced on 1 November 2024.

What the 2024 Act did

Before 1 November 2024, the section 84 definition of authorised nurse practitioner required the eligible nurse practitioner to be providing nurse practitioner treatment in a collaborative arrangement or collaborative arrangements with one or more medical practitioners, of a kind specified in a Ministerial legislative instrument. The section 84 definition of authorised midwife contained an equivalent collaborative arrangement requirement.

The 2024 amending Act repealed those words from both definitions. The effect is that an eligible midwife or eligible nurse practitioner is now an authorised midwife or authorised nurse practitioner, for PBS prescribing purposes, without any statutory requirement to maintain a collaborative arrangement with a medical practitioner.

What this means for prescriber bag access

• Eligibility for prescriber bag participation no longer hinges on a collaborative arrangement. A midwife or nurse practitioner who meets the underlying AHPRA and Nursing and Midwifery Board of Australia requirements, and who holds a Services Australia approval under sections 84AAF or 84AAJ, is now an authorised midwife or authorised nurse practitioner without needing a formal collaboration agreement with a doctor.
• Clinical collaboration remains a professional standard. The Nursing and Midwifery Board of Australia's Professional Standards for Practice continue to require collaboration with other health professionals as appropriate. The 2024 Act removed the legislative requirement; it did not remove the professional expectation.
• Sections 93AA and 93AB themselves were not amended. The four subsection structure of each section is unchanged. The change took effect through the upstream definitions in section 84.

The interaction with the 1 February 2025 midwife additions

The two reforms together substantially expanded endorsed midwife access to PBS prescribing. The 1 November 2024 change removed the collaborative arrangement barrier. The 1 February 2025 Prescriber Bag Determination amendments added MW marked items to Schedule 1 for the first time. Across the broader PBS, the number of PBS items prescribable by endorsed midwives expanded from approximately 20 to 57 items as a result of the September 2024 PBAC review and subsequent amendments.

8. How the Three Sections Connect to F2024L00414

Sections 93, 93AA, and 93AB are the statutory source of authority. The current operative Determination, F2024L00414, is how that statutory authority is exercised in practice. The relationship is straightforward once you see the mapping.

Section by section mapping

• Section 93(1) of the Act + section 6(1) of F2024L00414 = a medical practitioner is authorised to supply Schedule 1 items marked MP.
• Section 93AA(1) of the Act + the equivalent operative provision in the Determination = an authorised midwife is authorised to supply Schedule 1 items marked MW.
• Section 93AB(1) of the Act + section 6(2) of F2024L00414 = an authorised nurse practitioner is authorised to supply Schedule 1 items marked NP.
• Section 93(2), 93AA(2), 93AB(2) of the Act + section 7 of F2024L00414 = the calendar month maximum quantity and the group rule.
• Section 93(3), 93AA(3), 93AB(3) of the Act + regulation 33 of the National Health (Pharmaceutical Benefits) Regulations 2017 (including subsection 33(3A) on stock on hand) = the procedural rules for obtaining items.
• Section 93(4), 93AA(4), 93AB(4) of the Act + the relevant payment regulations = how the Commonwealth reimburses approved suppliers for prescriber bag items dispensed free of charge.

Each subsection of each Act provision has a corresponding operational provision somewhere in the Determination or the Regulations. Reading the Act alone tells you who is authorised. Reading the Determination alone tells you which items, how many, and how often. To understand a single prescriber bag order end to end, you need both.

Why the Act provisions matter for prescribers

Most prescribers will never read the National Health Act directly. The day to day work is done from the live PBS schedule and the PB052 supply order form. But understanding the three Act provisions matters in three practical situations:

• Eligibility questions. Whether you are authorised to use the prescriber bag pathway at all is determined by whether you fall within the section 84 definition that corresponds to your prescriber type. Authorisation to supply individual items in Schedule 1 is then layered on top of that.
• Legal compliance audits. If a regulator or auditor needs to confirm that a particular supply was lawful, they will trace it back through the Determination to the relevant Act provision.
• Tracking changes over time. Legislative reforms that affect the prescriber bag scheme (such as the 2024 collaborative arrangement removal) most often work through changes to the Act and the section 84 definitions, rather than through changes to the Determination itself.

9. Frequently Asked Questions

What is the difference between section 93 and section 93AB of the National Health Act 1953?

Section 93 authorises medical practitioners to supply prescriber bag items. Section 93AB authorises authorised nurse practitioners to do the same. The two sections have the same four subsection structure but apply to different prescriber types. Section 93AB was inserted in 2012 by the National Health Amendment (Pharmaceutical Benefits Scheme) Act 2012.

When was section 93AA first used for endorsed midwife prescriber bag supplies?

Section 93AA was inserted into the Act in 2012, but the Minister's power under it was not exercised in a Prescriber Bag Determination until 1 February 2025. That was the first date on which an endorsed midwife could lawfully order items under the prescriber bag scheme, following the PBAC's September 2024 intracycle review.

What are the prescriber bag provisions?

Section 84 of the National Health Act 1953 defines the prescriber bag provisions as sections 93, 93AA, and 93AB collectively. Each section authorises a different prescriber type to supply pharmaceutical benefits determined by the Minister directly to patients for emergency use.

When did the collaborative arrangement requirement get removed for midwives and nurse practitioners?

The Health Legislation Amendment (Removal of Requirement for a Collaborative Arrangement) Act 2024 commenced on 1 November 2024. From that date, the section 84 definitions of authorised midwife and authorised nurse practitioner no longer require a collaborative arrangement with a medical practitioner. The change works through the eligibility definitions in section 84 rather than through sections 93AA and 93AB themselves.

Are sections 93, 93AA, and 93AB the only PBS supply provisions for AHPRA registered prescribers?

No. The PBS framework includes other provisions for other prescriber types. For example, dental practitioners and optometrists have their own statutory and regulatory pathways. The three sections at the focus of this article are the ones that constitute the prescriber bag provisions specifically.

Did the 2024 collaborative arrangement removal change what items I can order?

No. The 2024 change addressed eligibility (who is an authorised midwife or authorised nurse practitioner) rather than item content. The items available under the prescriber bag scheme are set out in Schedule 1 of F2024L00414 and are determined by the Minister under section 93AA(2) or section 93AB(2), separately from the eligibility definitions.

What is the difference between an eligible midwife and an authorised midwife?

An eligible midwife is a midwife who meets the statutory eligibility criteria set out in the Act, broadly tied to AHPRA registration and Nursing and Midwifery Board of Australia endorsements. An authorised midwife is an eligible midwife for whom a Services Australia approval is in force under section 84AAF of the Act. Section 93AA authorisation applies only to authorised midwives, not to all eligible midwives.

What is the equivalent distinction for nurse practitioners?

An eligible nurse practitioner meets the underlying registration and endorsement criteria. An authorised nurse practitioner is an eligible nurse practitioner with a Services Australia approval in force under section 84AAJ. Section 93AB applies only to authorised nurse practitioners.

Where can I read the current text of these sections?

The current compiled text of the National Health Act 1953, including sections 84, 93, 93AA, and 93AB, is published on the Federal Register of Legislation at legislation.gov.au. The Act is updated through periodic compilations as amending Acts commence.

In Summary

Sections 93, 93AA, and 93AB of the National Health Act 1953 are the three statutory provisions that authorise medical practitioners, authorised midwives, and authorised nurse practitioners respectively to supply specified PBS medicines directly to patients for emergency use. Together, section 84 of the Act defines them as the prescriber bag provisions.

Section 93 dates from the original Act. Sections 93AA and 93AB were inserted in 2012. The Minister's power under section 93AA was first exercised in 2025. The collaborative arrangement requirement that previously sat in the section 84 definitions of authorised midwife and authorised nurse practitioner was removed on 1 November 2024.

The current operative legislative instrument made under all three sections is F2024L00414, the National Health (Prescriber Bag Supplies) Determination 2024. For an end to end picture of how each Act provision maps to operational rules in Schedule 1 of the Determination, read our F2024L00414 walkthrough.

For a one click ordering pathway that handles the approved supplier process for you, you can order your PBS prescriber bag online with DocPouch.

Disclaimer: This article is provided for informational purposes only and does not constitute medical, pharmaceutical, or legal advice. It is a plain English summary of three sections of a Commonwealth Act and the related statutory framework. The supply of pharmaceutical benefits under the PBS Prescriber Bag scheme is governed by the National Health Act 1953 (Cth), the National Health (Pharmaceutical Benefits) Regulations 2017 (Cth), the National Health (Prescriber Bag Supplies) Determination 2024 (F2024L00414) and amending instruments, the Therapeutic Goods Act 1989 (Cth), and the applicable state or territory drugs and poisons legislation. Prescribers must verify the current operative text of each provision on the Federal Register of Legislation and the current operative content of Schedule 1 on the PBS Prescriber Bag page. Doc Pouch Pty Ltd (ABN 28 695 916 306), trading as DocPouch, is not a law firm and the contents of this article do not create a solicitor client relationship. Nothing in this article should be interpreted as advertising of therapeutic goods or as a therapeutic claim outside the requirements of the Therapeutic Goods Act 1989 (Cth).