EXPLANATORY STATEMENT
INSTRUMENT NUMBER PB 92 OF 2010
NATIONAL HEALTH ACT 1953
AMENDMENT SPECIAL ARRANGEMENTS UNDER SUBSECTION 100(1)
CHEMOTHERAPY PHARMACEUTICALS ACCESS PROGRAM
Summary
This legislative instrument amends Special Arrangements – Chemotherapy Pharmaceuticals Access Program (PB55 of 2009) made under subparagraph 100(1) of the National Health Act 1953 (the Act).
The purpose of this instrument is to ensure that Schedule 4 of PB 55 of 2009 is amended to adjust the special patient contribution which clause 20A and Schedule 4 of PB 55 of 2009 provides an approved hospital authority may charge a person supplied with a certain chemotherapy pharmaceutical under the s.100 arrangement, being, Bleomycin, Powder for injection containing bleomycin sulphate 15,000 I.U (Blenoxane).
An amendment to effect this change was previously made by PB 76 of 2010, with a commencement date of 1 August 2010. This instrument is made to rectify a misdescription in item 6, Schedule 1 of PB 76 of 2010.
Authority
The purpose of the Australian Pharmaceutical Benefits Scheme (PBS) is to provide timely, reliable and affordable access for the Australian community to necessary and cost-effective medicines.
The PBS is regulated by Part VII of the National Health Act 1953 (the Act), which provides for the supply of listed drugs and medicinal preparations as pharmaceutical benefits.
Subsection 85(1) of the Act provides that benefits shall be provided by the Commonwealth in accordance with Part VII of the Act in respect of pharmaceutical benefits.
Subsection 100(1) of the Act provides that the Minister may make special arrangements for providing that an adequate supply of special pharmaceutical products will be available to persons:
(a) who are living in isolated areas; or
(b) who are receiving medical treatment in such circumstances that pharmaceutical benefits:
(i) cannot be conveniently or efficiently supplied in accordance with Part VII of the Act; or
(ii) are inadequate for that medical treatment.
Subsection 100(2) of the Act provides that the Minister may vary or revoke a special arrangement made under subsection 100(1).
Subsection 100(3) provides that Part VII of the Act has effect subject to a special arrangement made under subsection 100(1).
The declaration made under subsection 85(2) of the Act sets out the drugs and medicinal preparations to which Part VII of the Act applies and the restrictions, if any, that apply to the prescribing of such drugs and medicinal preparations as pharmaceutical benefitsection Schedule 6 of the declaration under subsection 85(2) lists those drugs and medicinal preparations that may be made available under arrangements provided for by section 100 of the Act.
The Chemotherapy Pharmaceuticals Access Program is a set of Arrangements made under subparagraph 100(1) of the Act for the purpose of the supply of chemotherapy pharmaceuticals at participating public hospitals to non-admitted patients, day admitted patients and patients on discharge.
These Arrangements constitute a legislative instrument for the purposes of the Legislative Instruments Act 2003.
Commencement
This instrument commences on 1 October 2010.
Consultations
This amendment is a minor and mechanical change. Approved hospital authorities which supply under the section100 arrangement have been notified of the change to the special patient contribution.