13Variation of application of determination of maximum number of repeats or maximum number or quantity of units

#### 13 Variation of application of determination of maximum number of repeats or maximum number or quantity of units (1) For subsection 85A(3) of the Act, the Minister may vary the application of a determination under paragraph 85A(2)(a) or (b) of the Act in relation to a practitioner in the class covered by subregulation (2). (2) A practitioner is in the class covered by this subregulation if: (a) the practitioner has written a prescription, in accordance with regulation 19 or 19AA (disregarding paragraphs 19(1)(b) and 19AA(3)(a) to (c)), that: (i) is not in accordance with a determination mentioned in subregulation (1); and (ii) in the case of a medication chart prescription—is written for a person who is receiving treatment in or at an approved hospital; and (b) the prescription is submitted to the Minister in accordance with subregulation (3). (3) A prescription is submitted in accordance with this subregulation if: (a) the practitioner, or an employee of the practitioner, submits: (i) the prescription itself; or (ii) for a medication chart prescription that is not an electronic prescription—the medication chart by which the prescription was written, or a copy of so much of that chart as would indicate that subregulation 19AA(2) has been complied with; or (b) the practitioner submits details of the prescription: (i) by telephone; or (ii) by means of an approved electronic communication. (5) A variation under subregulation (1) in relation to a practitioner may be made: (a) for a paper‑based prescription (other than a prescription submitted in accordance with paragraph (3)(b))—by the Minister signing his or her authorisation of the prescription on it and: (i) if the Minister requires the practitioner to alter the prescription—by returning it to the practitioner for alteration before the practitioner gives it to the person in respect of whom it was prepared; or (ii) by returning it to the practitioner; or (iii) if requested by the practitioner—by sending it to the person in respect of whom it was written; or (aaa) for a medication chart prescription (other than an electronic prescription or a prescription submitted in accordance with paragraph (3)(b))—by the Minister: (i) signing his or her authorisation of the prescription on the medication chart, or the copy of the medication chart, submitted in accordance with subparagraph (3)(a)(ii); and (ii) if the Minister requires the practitioner to alter the prescription—indicating this on the medication chart or copy; and (iii) returning the medication chart or copy to the practitioner; or (aa) for an electronic prescription (other than a prescription submitted in accordance with paragraph (3)(b))—by the Minister writing his or her authorisation of the prescription on the electronic prescription and: (i) if the Minister requires the practitioner to alter the prescription—by returning it, including by means of an electronic communication, to the practitioner for alteration; or (ii) by returning it, including by means of an electronic communication, to the practitioner; or (iii) if requested by the practitioner—by making the prescription accessible by the person in respect of whom it was written, or by an approved supplier for the purpose of supplying a pharmaceutical benefit to the person in respect of whom the prescription was written; or (b) if a prescription is submitted in accordance with subparagraph (3)(b)(i) by telephone—by the Minister authorising the prescription orally, at the time the Minister is given details of the prescription; or (c) if a prescription is submitted in accordance with subparagraph (3)(b)(ii) by means of an electronic communication—by the Minister sending his or her authorisation of the prescription, by electronic communication, to the practitioner. (6) If the Minister makes a variation in accordance with paragraph (5)(b) or (c): (a) the Minister must tell the practitioner, orally or by electronic communication, the number that has been allotted to the authorised prescription; and (b) the practitioner must: (i) mark that number on the prescription; and (ii) retain the prescription, or a copy of the prescription showing the number marked in accordance with subparagraph (i), for 1 year from the date on which the variation was made. (7) For subparagraph (6)(b)(ii), the date on which the Minister makes a variation in relation to a person in respect of whom a practitioner submits an electronic prescription is: (a) for a variation in accordance with paragraph (5)(b)—the date on which the Minister tells the practitioner the number that has been allotted to the authorised prescription; and (b) for a variation in accordance with paragraph (5)(c)—the date on which the Minister sends, by means of an electronic communication, his or her authorisation of the prescription to the practitioner. (8) In this regulation: > practitioner means any of the following: (a) an authorised optometrist; (b) a medical practitioner; (c) an authorised midwife; (d) an authorised nurse practitioner.