National Health (Highly specialised drugs program for public hospitals) Special Arrangements Amendment Instrument 2010 (No. 3) (No. PB 90 of 2010) (Cth)
PB 90 of 2010
National Health (Highly specialised drugs program for public hospitals) Special Arrangements Amendment Instrument 2010 (No. 3)1
National Health Act 1953
I, ANDREW STUART, First Assistant Secretary, Pharmaceutical Benefits Division, Department of Health and Ageing, delegate of the Minister for Health and Ageing, make this Instrument under subsections 100 (1) and (2) of the National Health Act 1953.
Dated 18 August 2010
ANDREW STUART
First Assistant Secretary, Pharmaceutical Benefits Division, Department of Health and Ageing
Name of Instrument
(1) This Instrument is the National Health (Highly specialised drugs program for public hospitals) Special Arrangements Amendment Instrument 2010 (No. 3).
(2) This Instrument may also be cited as PB 90 of 2010.
Commencement
This Instrument is taken to have commenced on 1 July 2010.
Amendment of National Health (Highly specialised drugs program for public hospitals) Special Arrangements Instrument 2010
Schedule 1 amends the National Health (Highly specialised drugs program for public hospitals) Special Arrangements Instrument 2010.
Note The National Health (Highly specialised drugs program for public hospitals) Special Arrangements Instrument 2010 is also known as PB 63 of 2010.
Schedule 1 Amendments
(section 3)
[1] Section 3, definition of CAR drug
omit
following:
insert
following highly specialised drugs:
[2] Section 3, definition of dispensed price
substitute
dispensed price:
(a) for the supply of a highly specialised drug by a hospital authority for a public hospital — has the meaning given by section 42; and
(b) for the supply of a highly specialised drug that is a CAR drug, by an approved pharmacist — has the meaning given by section 43A.
[3] Subsection 3 (2), note
omit
including
insert
including approved pharmacist,
[4] Subsections 5 (1) to (3)
substitute
(1) This Instrument only applies to the supply of a highly specialised drug:
(a) by a hospital authority for a public hospital; or
(b) if the drug is a CAR drug — by an approved pharmacist.
(2) Subsection (1) does not require a hospital authority or an approved pharmacist to supply the drug directly to a patient.
(3) The drug may be supplied by the hospital authority or approved pharmacist through an agent.
[5] Paragraph 29 (c)
substitute
(c) an agent of the public hospital who is a pharmacist or a medical practitioner; or
(d) if the drug is a CAR drug supplied by an approved pharmacist — a pharmacist or medical practitioner.
[6] Subsection 35 (2)
omit
paragraph 99AAA (8) (a)
insert
subsection 99AAA (8)
[7] Subsection 35 (3)
omit
paragraph 99AAA (8) (a)
insert
subsection 99AAA (8)
[8] Paragraph 35 (3) (c) (second occurring)
reletter as paragraph 35 (3) (d)
[9] Part 4, before Division 3
insert
Division 2A Claims by approved pharmacists
41A How claims to be made
(1) An approved pharmacist that supplies a CAR drug may make a claim for payment in accordance with the rules made by the Minister under subsection 99AAA (8) of the Act.
(2) In the application of those rules to a claim under this section, a reference in the rules to an authority prescription includes a reference to a prescription under this Instrument for a CAR drug.
41B Payments for claims
(1) Payments under a claim will be made only for the dispensed price for a CAR drug less any amount of co-payment charged by the approved pharmacist under section 47A.
(2) The dispensed price is to be worked out under section 43A.
[10] Section 42, heading
substitute
42 The dispensed price — supply by public hospital
[11] Section 42
omit the first mention of
drug
insert
drug, by a hospital authority for a public hospital,
[12] After section 43
insert
43A The dispensed price — supply by approved pharmacist
Subject to section 44, the dispensed price for the supply of a CAR drug by an approved pharmacist is to be worked out in accordance with sections 30 to 35 of the National Health (Highly specialised drugs program for private hospitals) Special Arrangements Instrument 2010:
(a) as if those provisions were referring to the supply of a highly specialised drug that is a CAR drug by an approved pharmacist under this Instrument; and
(b) as if the reference to section 23 in section 35 of that Instrument were a reference to section 11 of this Instrument.
Note The National Health (Highly specialised drugs program for private hospitals) Special Arrangements Instrument 2010 is also known as PB 64 of 2010.
[13] After section 47
insert
47A Co‑payments for claims by approved pharmacists
(1) This section applies if an approved pharmacist supplies a CAR drug to an eligible patient.
(2) The approved pharmacist may charge the patient an amount equivalent to the amount that may be charged under section 87 of the Act for the supply of a pharmaceutical benefit to the patient.
[14] Subsection 50 (1)
substitute
(1) This section applies:
(a) if an approved hospital authority for a public hospital makes a claim under this Instrument using the on‑line system; or
(b) if an approved pharmacist makes a claim under this Instrument.
[15] Subsection 50 (2)
omit
by the public hospital
insert
under this Instrument
[16] After Part 8
insert
Part 9 Supply by approved pharmacists under old Instruments
55 Retrospective effect of Instruments
(1) Despite their repeal or revocation, the Instruments mentioned in subsection (2) (the old Instruments) are taken, during the period in which they were in effect, to have permitted an approved pharmacist:
(a) to supply a highly specialised drug that is a CAR drug to an eligible patient under the Instrument; and
(b) to make claims for payment for the supply in accordance with the rules made by the Minister under subsection 99AAA (8) of the Act.
(2) For subsection (1), the Instruments are:
(a) the Special Arrangements — Highly specialised drugs program for public hospitals (PB 125 of 2009); and
(b) the Special Arrangements — Highly specialised drugs program for public hospitals (PB 61 of 2009).
(3) Subsection 41A (2) of this Instrument is taken to have applied in relation to the rules made by the Minister under subsection 99AAA (8) of the Act.
(4) The old Instruments are taken to have permitted payment for a claim by an approved pharmacist to be made for the dispensed price for a CAR drug less any amount of co‑payment permitted to have been charged by the pharmacist under subsection (7).
(5) The dispensed price for the supply of the CAR drug is taken to have been worked out in accordance with sections 22 to 28 of the Special Arrangements — highly specialised drugs program (PB 54 of 2009):
(a) as if those provisions were referring to the supply of a highly specialised drug that is a CAR drug by an approved pharmacist under the relevant old Instrument; and
(b) as if the reference to paragraph 27 in paragraph 28 of that Instrument were a reference to section 11 of this Instrument.
(6) If, in an old Instrument, there were 2 or more brands of a CAR drug mentioned in column 4 of the table in Schedule 2 of the Instrument for the drug, the dispensed price is taken to be based on the price ex‑manufacturer of the brand that had the lowest dispensed price.
(7) For subsection (4), the approved pharmacist may charge a patient receiving the supply an amount equivalent to the amount that may be charged under section 87 of the Act for the supply of a pharmaceutical benefit to the patient.
Note
1. All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See
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