Medication Knowledge My Script List – Patient Terms
1.1 Medication Knowledge Pty Ltd (ACN 622 493 967) (Medication Knowledge, us or we) is a joint venture company between eRx Script Exchange Pty Ltd (eRx) and MediSecure Ltd (MediSecure). eRx and MediSecure (collectively, the Prescription Exchanges) provide prescription exchange services and hold data relating to prescription orders throughout Australia.
1.2 Medication Knowledge:
1.2.1 owns and operates an electronic integration gateway which provides a single means of securely referencing encrypted prescription and dispense data; and
1.2.2 together with the Prescription Exchanges, facilitates the fulfilment and management of ePrescriptions by medical practitioners, pharmacists and third parties who are authorised by patients to view certain information relating to their Prescriptions.
2. My Script List Service
2.1 In its role facilitating the fulfilment and management of ePrescriptions and electronic copies of paper prescriptions by medical practitioners, pharmacists and third parties (each a Partner, collectively Partners), Medication Knowledge provides a service which enables eligible Partners who are authorised by a patient (the Patient) or their authorised representative such as an agent or carer (Authorised Representative) to view the Patient’s active Prescriptions (the Service).
2.2 In order for Medication Knowledge to provide the Service, Medication Knowledge needs to access the Patient’s active Prescriptions which are held by the Prescription Exchanges and decrypt, aggregate and display a subset of the data they hold so that they can be viewed and accessed by the Partners. The aggregated view will only include prescription data for active prescriptions for which the patient did not withdraw their consent at the point of prescribe. The aggregated view of decrypted active scripts of a Patient is referred to in these Terms as the Patient’s My Script List.
2.3 Once the Patient’s My Script List has been created, the Patient (or the Patient’s authorised representative) may permit certain Partners (e.g., the Patient’s doctor or pharmacist) to access and use the Patient’s active ePrescriptions via the My Script List. For example:
2.3.1 a Partner who is a pharmacy may view or initiate a dispense of the items requested by the Patient (for a copy of a paper prescription, the paper prescription will still be required);
2.3.2 a Partner who is a physician may view the My Script List to understand what prescriptions are currently active; and
2.3.3 another third party (e.g., a person or organisation who provides a service, such as mobile applications which enable the Patient to view and manage their active scripts) may access and use the My Script List.
2.4 These Terms may be accessed by a Patient:
2.4.1 when the link to such Terms is sent via SMS to the Patient’s mobile phone number by Medication Knowledge at the request of a Partner; and
2.4.2 via the My Script List website.
2.5 The relevant Partner is solely responsible for:
2.5.1 verifying the Patient’s identity and ensuring that the correct mobile phone number for the Patient is used for the purposes of the SMS; and
2.5.2 its access to and use of the Patient’s active ePrescriptions via the My Script List.
3.1 You are viewing these Terms because you are a Patient for the purposes of these Terms (or you are an Authorised Representative) and:
3.1.1 you would like to use the Service to have your prescriptions added to an Active Script List, to manage your Active Script List and to have the prescriptions specified on your Active Script List dispensed to you;
3.1.2 you would like to use the Service to receive ePrescriptions and to have the items prescribed in them to be dispensed;
3.1.3 you would like Medication Knowledge to create a My Script List of your Prescriptions which can be accessed by authorised Partners; and/or
3.1.4 if Medication Knowledge has already created a My Script List of your Prescriptions, you would like to give your consent for a Partner to access your My Script List.
3.2 By responding affirmatively to the SMS sent from Medication Knowledge in accordance with the instructions given in that SMS, you provide your express consent and authority as stated in such SMS, for example to:
3.2.1 access by Medication Knowledge to the ePrescription records held by the Prescription Exchanges following the creation and fulfilment of an ePrescription by the relevant Partner(s);
3.2.2 the creation of a My Script List of your ePrescriptions by Medication Knowledge; and
3.2.3 all future electronic prescriptions and electronic copies of paper prescriptions being visible in your Active Script List unless:
3.2.4 you withdraw consent at the point of the prescription or repeat authorisation being issued by a Healthcare Provider; or
3.2.5 the prescription is of a type not authorised under Commonwealth or State and Territory legislation to be visible in an Active Script List; and/or
3.2.6 your active Prescriptions being accessed and viewed by the relevant Partner who arranged for you to receive the SMS, as well as other Partners you allow to access your My Script List from time to time,
in accordance with these Terms
3.4 If you do not wish for Partners to access your My Script List you must not provide your consent in accordance with the instructions given in the relevant SMS (for example, if you are instructed to reply with “3” to indicate that you do not consent to the relevant Partner having access to your My Script List, you must reply “3” to that SMS).
4. Withdrawal of Consent
4.1 You may:
4.1.1 request Medication Knowledge to remove a Partner’s ability to access your My Script List at any time; or
4.1.2 request Medication Knowledge to discontinue your My Script List so that your active ePrescriptions can no longer be accessed and used by Partners (in which case your ePrescriptions themselves will remain intact),
by contacting Medication Knowledge using the contact details set out at the end of these Terms, or via other means that may be made available from time to time.
4.2 Once a Partner’s access to your My Script List is withdrawn, the Partner will not be able to access your My Script List unless you provide your consent again in accordance with the process outlined in these Terms.
4.3 Similarly, once your My Script List is discontinued by Medication Knowledge it will not be able to be accessed by any Partner unless you provide your consent for Medication Knowledge to create a new My Script List of your ePrescriptions in accordance with the process outlined in these Terms.
5. Authorised representatives
5.1 If you are viewing these Terms as an authorised representative of a Patient, then:
5.1.1 these Terms also apply in respect of that Patient. For example, references to your consent under clauses 3 and 4 above will apply in respect of the Patient’s Prescriptions and the Patient’s My Script List; and
5.1.2 you represent and warrant that you have sufficient authority to represent them in this way.
6.1 Subject to clause 6.2 below:
6.1.1 the Service and the My Script List are each provided “as is”, and Medication Knowledge makes no representations, warranties or guarantees of any kind, whether express, implied, statutory or otherwise regarding the Service or the My Script List, including any implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, non-infringement, or quiet enjoyment, any warranty arising out of any course of dealing or usage of trade, any warranty that the Service or the My Script List will be provided uninterrupted, error free or free of viruses or other harmful components, or any warranty that any ePrescriptions or other content will be accurate, complete, secure or not otherwise lost or damaged; and
6.1.2 Medication Knowledge accepts no responsibility for the Partners’ access to and use of your active Prescriptions via the My Script List.
6.2 Where legislation implies in these Terms any condition or warranty, and that legislation avoids or prohibits provisions in a contract excluding or modifying the application of or exercise of or liability under such condition or warranty, the condition or warranty shall be deemed to be included in these Terms. However, Medication Knowledge’s liability for any breach of such condition or warranty shall be limited, at Medication Knowledge’s option and to the extent permitted by law, to one or more of the following:
6.2.1 the replacement of the Service and/or the My Script List;
6.2.2 the repair of the Service and/or the My Script List;
6.2.3 the payment of the cost of replacing the Service and/or the My Script List or of acquiring equivalent services; or
6.2.4 the payment of the cost of having the Service and/or the My Script List repaired.
6.3 You acknowledge that the public internet is an inherently insecure environment and that Medication Knowledge has no control over the privacy of any communications or the security of any data outside of its internal systems.
6.4 The use of the public internet in connection with the Service and/or the My Script List will be at your sole risk and Medication Knowledge is not liable for any losses, costs, damages or expenses arising in connection with such use of the public internet including liability for any disclosure of your confidential information or personal information when transmitted over the public internet.
7. Changes to these Terms
We may amend these Terms at any time and will take reasonable steps to bring any material changes to your attention. As you will be bound by any amendment to these Terms, you should review these Terms from time to time. You are able to withdraw your consent at any time in accordance with clause 4.1, and by not doing so or by continuing to use the Service after any amendment to these Terms, you will be deemed to have accepted the amended Terms.
Our contact details
The contact details for Medication Knowledge are:
Medication Knowledge Pty Ltd
20 Trenerry Crescent
Abbotsford Vic 3067