National Health Act 1953 - Amendment special arrangements under subsection 100(1) - Highly Specialised Drugs Program (No. PB 101 of 2009)

Administered by Department of Health, Disability and Ageing

Legislation au F2009L03885 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

INSTRUMENT NUMBER PB 101 of 2009

NATIONAL HEALTH ACT 1953

AMENDMENT SPECIAL ARRANGEMENTS UNDER SUBSECTION 100(1)

HIGHLY SPECIALISED DRUGS PROGRAM

 

Purpose and operation

Part VII of the National Health Act 1953 (the Act) is the legislative basis of the Pharmaceutical Benefits Scheme (PBS) by which the Commonwealth provides reliable, timely, and affordable access to a wide range of medicines for all Australians.

Subsection 85(1) provides that benefits are to be provided by the Commonwealth in accordance with Part VII in respect of pharmaceutical benefits.

Drugs and medicinal preparations to which Part VII applies are (with the exception of some medicinal preparations with additives) declared by the Minister by legislative instrument to be so under subsection 85(2). These are listed drugs as defined in subsection 84(1).

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.  Under subsection 100AA(1)(c) a special pharmaceutical product, for which special arrangements may be made under section 100, includes a drug or medicinal preparation declared under         subsection 85(2) of the Act.  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 Highly Specialised Drugs Program is a set of Arrangements made under subparagraph 100(b)(i) of the Act for the purpose of providing that an adequate supply of special pharmaceutical products will be available to persons who are receiving treatment with highly specialised drugs at private hospitals as non-admitted patients, day admitted patients or patients on discharge.

This legislative instrument amends the Arrangements made under subparagraph 100(b)(i) (PB 54 of 2009) which came into effect on 1 July 2009.  The amendments are set out in the items of Schedule 1 to the instrument.

A provision-by-provision description of the instrument is contained in the Attachment.

This instrument, expressed to commence on 1 November 2009, was made on 8 October 2009.

Consultations

The Pharmaceutical Benefits Advisory Committee (PBAC) is the independent expert body, established by section 100A of the Act, which makes recommendations to the Minister for Health and Ageing about which drugs and medicinal preparations should be available as pharmaceutical benefits.  Under subsection 101(4) of the Act, a drug or medicinal preparation may not be declared to be a drug or medicinal preparation to which Part VII of the Act applies unless the PBAC has recommended that it be so declared.  When recommending a medicine be listed on the PBS, the PBAC takes into account the medical conditions for which the medicine has been approved for use in Australia, its clinical effectiveness, safety and cost-effectiveness compared with other treatments.

PBAC members are selected from consumers, health economists, practising community pharmacists, general practitioners, clinical pharmacologists and specialists, with at least one member selected from each of those interests or professions.  Remaining members are persons whom the Minister is satisfied have qualifications and experience in a field relevant to the functions of the PBAC, and that would enable them to contribute meaningfully to the deliberations of the PBAC.

The Commonwealth/State Highly Specialised Drugs Working Party (HSDWP) is a non-statutory body established by the Australian Health Ministers Advisory Council (AHMAC).  The HSDWP makes recommendations to the PBAC on the suitability of certain drugs for listing under the Highly Specialised Drugs Program.  The HSDWP considers the funding and administrative aspects of supply through the hospital system, and a recommendation for listing must be supported by a majority of Working Party members.  The HSDWP consists of representatives from State and Territory Health Departments and the Australian Private Hospitals Association, and is chaired by a representative of the Commonwealth Department of Health and Ageing.

 


ATTACHMENT

Paragraph 1:  provides that this instrument commences on 1 November 2009.

Paragraph 2:  provides that Schedule 1 amends PB 54 of 2009.

Schedule 1: provides for the following amendments: 

 

Addition of subparagraph 11AA (d) provides that a medical practitioner may not submit a prescription for the drug “lenalidomide” to the Medicare Australia CEO in accordance with subparagraph 11(b) unless the prescription is for continuing PBS-subsidised treatment in a patient who has previously been issued with an authority prescription for lenalidomide.  In such case the prescription can be submitted in accordance with subparagraph 11(b)(i).

SCHEDULE 1

Addition of Highly specialised drug

Lenalidomide

 

Alteration of Circumstances

Dornase Alfa

Etanercept [in respect of the injection set containing 4 vials powder for injection 25 mg and 4 pre-filled syringes solvent 1 mL]

SCHEDULE 2

Addition of Highly specialised drug

Lenalidomide

Capsule 5 mg

 

Capsule 10 mg

 

Capsule 15 mg

 

Capsule 25 mg

 

Addition of Forms

Apomorphine

Solution for subcutaneous infusion containing apomorphine hydrochloride 50 mg in 10 mL pre-filled syringe

Atazanavir

Capsule 100 mg (as sulfate)

 

Deletion of Forms

Ribavirin and Peginterferon Alfa-2a

Pack containing 84 tablets ribavirin 200 mg and 4 pre-filled syringes peginterferon alfa-2a injection 135 micrograms

Pack containing 112 tablets ribavirin 200 mg and 4 pre-filled syringes peginterferon alfa-2a injection 135 micrograms

Pack containing 140 tablets ribavirin 200 mg and 4 pre-filled syringes peginterferon alfa-2a injection 135 micrograms

 

Alteration of Form

Etanercept

From:  Injection 50 mg in 1 mL single use injection pen, 4

To:       Injection 50 mg in 1 mL single use auto-injector, 4

 

 

 

 

SCHEDULE 3

Ribavirin and Peginterferon Alfa-2a

Pack containing 84 tablets ribavirin 200 mg and 4 pre-filled syringes peginterferon alfa-2a injection 135 micrograms

Pack containing 112 tablets ribavirin 200 mg and 4 pre-filled syringes peginterferon alfa-2a injection 135 micrograms

Pack containing 140 tablets ribavirin 200 mg and 4 pre-filled syringes peginterferon alfa-2a injection 135 micrograms

Deletion of Forms

Overview

The National Health Act 1953, enacted by the Australian Parliament, serves as the legislative foundation for the Pharmaceutical Benefits Scheme (PBS), which ensures reliable, timely, and affordable access to a broad range of medicines for all Australians. This Act allows the Commonwealth to provide benefits in accordance with Part VII, which governs the listing of drugs and medicinal preparations. The Highly Specialised Drugs Program, under subsection 100(1) of the Act, is designed to ensure an adequate supply of special pharmaceutical products for individuals receiving medical treatment in circumstances where the PBS is not sufficient or efficient, such as those living in isolated areas or receiving treatment as non-admitted or day admitted patients in private hospitals. The objective of the amendments, as outlined in the explanatory statement, is to refine the arrangements for certain highly specialised drugs to better meet the needs of patients under specific treatment conditions. The amendments, introduced by legislative instrument PB 101 of 2009, include changes to the criteria for prescribing lenalidomide, the addition and alteration of forms and dosages for various drugs, and the deletion of certain forms of ribavirin and peginterferon alfa-2a. These modifications are intended to enhance the availability and administration of these drugs within the Highly Specialised Drugs Program, ensuring that they are accessible to those who require them under the specified conditions. The Pharmaceutical Benefits Advisory Committee (PBAC) and the Commonwealth/State Highly Specialised Drugs Working Party (HSDWP) play crucial roles in recommending the suitability of drugs for inclusion in the PBS, considering factors such as clinical effectiveness, safety, cost-effectiveness, and the logistical aspects of drug supply within the hospital system.

Scope and Application

The National Health Act 1953, as amended by the legislative instrument F2009L03885, primarily applies to the provision of pharmaceutical benefits through the Pharmaceutical Benefits Scheme (PBS) and the Highly Specialised Drugs Program. The Act, through its Part VII, ensures that the Commonwealth provides reliable and affordable access to medicines for all Australians. The Act applies to persons who are living in isolated areas or receiving medical treatment in circumstances where pharmaceutical benefits cannot be conveniently or efficiently supplied in accordance with Part VII, or are inadequate for that medical treatment. The geographic and jurisdictional reach of the Act is national, applying across all states and territories of Australia. The Minister for Health and Ageing has the authority to make special arrangements under section 100(1) of the Act, which may be varied or revoked under section 100(2). These special arrangements are subject to the provisions of Part VII of the Act. The legislative instrument also specifies the forms and circumstances under which certain highly specialised drugs, such as lenalidomide, dornase alfa, etanercept, and others, can be prescribed and supplied under the Highly Specialised Drugs Program. The amendments set out in Schedule 1 to this instrument came into effect on 1 November 2009 and modify the previous arrangements (PB 54 of 2009) to include new provisions for lenalidomide and to alter the circumstances and forms for other drugs. The Pharmaceutical Benefits Advisory Committee (PBAC) and the Commonwealth/State Highly Specialised Drugs Working Party (HSDWP) play key roles in recommending and reviewing the suitability of drugs for inclusion in the PBS and the Highly Specialised Drugs Program, respectively.

Key Provisions

The National Health Act 1953, through its Amendment Special Arrangements under Subsection 100(1) Highly Specialised Drugs Program, outlines specific provisions for ensuring the availability of highly specialised drugs. Section 100(1) allows the Minister to make special arrangements for supplying pharmaceutical products to individuals in isolated areas or those receiving medical treatments where conventional pharmaceutical benefits are inadequate or inefficiently supplied. This ensures that individuals in unique circumstances receive necessary medications. The amendments under Schedule 1 of the Act detail specific changes to the Highly Specialised Drugs Program, including the addition of new drugs like lenalidomide and alterations to the forms and conditions of certain drugs, such as etanercept. The Act imposes several obligations on the parties involved. Medical practitioners must ensure that prescriptions for certain drugs, such as lenalidomide, adhere to the specified conditions to qualify for the Highly Specialised Drugs Program. Furthermore, the Pharmaceutical Benefits Advisory Committee (PBAC) is tasked with recommending drugs for inclusion in the PBS, considering factors such as clinical effectiveness, safety, and cost-effectiveness. The Commonwealth/State Highly Specialised Drugs Working Party (HSDWP) provides additional recommendations to the PBAC regarding the suitability of drugs for the Highly Specialised Drugs Program, focusing on funding and administrative aspects. Failure to comply with the provisions of the Act can result in significant consequences. While the Act does not explicitly state penalties for breaches, non-compliance with the specified conditions for drug prescriptions or misrepresentation of eligibility for the Highly Specialised Drugs Program could potentially lead to civil or criminal liabilities. Medical practitioners who do not follow the prescribed guidelines for submitting prescriptions could face actions from Medicare Australia or other regulatory bodies. Additionally, individuals found to be ineligible for the Highly Specialised Drugs Program but still claiming benefits may be subject to penalties or recoupment of funds.

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