Commonwealth Numbered Regulations

1996 No. 70 NATIONAL HEALTH (PHARMACEUTICAL BENEFITS) REGULATIONS (AMENDMENT) - REG 5

5.1 Subregulation 13 (1): Omit "subregulation (3),", substitute "subregulation
(5),".

5.2 Subregulations 13 (2) and (3): Omit the subregulations, substitute:

"(2) This regulation applies to a person in respect of whom a medical
practitioner submits a prescription that is not in accordance with a
determination in force under paragraph 85A (2) (a) or (b) of the Act:

   (a)  to the Secretary, in one of the forms specified in paragraph (3) (a);
        or

   (b)  to the Minister, in the manner specified in paragraph (3) (b).

"(3) A prescription submitted under subregulation (2) must:

   (a)  in the case of a prescription submitted to the Secretary-be prepared
        and signed by the medical practitioner:

        (i)    in a form approved in writing by the Secretary and completed by
               the medical practitioner in ink in his or her own handwriting;
               or

        (ii)   in a form, prepared by means of a computer, that is in
               accordance with the form approved by the Secretary under
               subparagraph (i); or

        (iii)  in a form, prepared by means of a computer, approved in writing
               for the purpose by the Secretary and in the format approved in
               writing by the Secretary; or

        (iv)   by a method approved in writing by the Secretary; or

   (b)  in the case of a prescription submitted to the Minister-be submitted
        by the medical practitioner giving the Minister, by telephone, details
        of the prescription which has been prepared and signed by the medical
        practitioner in accordance with paragraph (a).

"(4) For the purposes of paragraph (2) (a), a prescription that has been
prepared and signed by the medical practitioner in accordance with paragraph
(3) (a) is taken to have been submitted by him or her if it is submitted by
one of his or her employees.

"(5) A variation under subregulation (1) in relation to a person may be made:

   (a)  if a prescription is submitted in accordance with paragraph (2) (a)-by
        the Minister signing his or her authorisation of the prescription on
        it and:

        (i)    if the Minister requires the medical practitioner to alter the
               prescription-by returning it to the medical practitioner for
               alteration before the medical practitioner gives it to the
               person in respect of whom it was prepared; or

        (ii)   in any other case:

                (A)  by returning it to the medical practitioner; or

                (B)  if requested by the medical practitioner-by sending it to
                     the person in respect of whom it was prepared; or

   (b)  if a prescription is submitted in accordance with paragraph (2)
        (b)-verbally, at the time the Minister is given details of the
        prescription.

"(6) If the Minister makes a variation in accordance with paragraph (5) (b):

   (a)  the Minister must tell the medical practitioner the number that has
        been allotted to the authorised prescription; and

   (b)  the medical practitioner must:

        (i)    mark that number on the prescription; and

        (ii)   retain a copy of the prescription for 1 year from the date on
               which the variation was made.".