National Health (Chemotherapy Prescribing) Special Arrangement 2020
PB 52 of 2020
made under subsection 100(1) of the
National Health Act 1953
Compilation No. 3
Compilation date: 1 April 2024
Includes amendments: F2024L00412
Registered: 26 July 2024
About this compilation
This compilation
This is a compilation of the National Health (Chemotherapy Prescribing) Special Arrangement 2020 that shows the text of the law as amended and in force on 1 April 2024 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.
Self‑repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
1 Name of Special Arrangement
(1) This Special Arrangement is the National Health (Chemotherapy Prescribing) Special Arrangement 2020.
(2) This Special Arrangement may also be cited as PB 52 of 2020.
3 Authority
This instrument is made under subsection 100(1) of the National Health Act 1953.
4 Simplified outline of this instrument
This instrument makes a special arrangement to make the supply of certain pharmaceutical benefits to patients who have been prescribed certain pharmaceutical benefits for the purposes of chemotherapy more efficient and convenient.
The instrument modifies arrangements for prescribing the supply of pharmaceutical benefits available for general supply, to enable them to be prescribed using a medication chart also used to prescribe the person a dose of a chemotherapy drug or related pharmaceutical benefit under the National Health (Efficient Funding of Chemotherapy) Special Arrangement 2024.
Note: Part VII of the Act, and regulations or other instruments made for the purposes of that Part, have effect subject to this instrument (see subsection 100(3) of the Act).
5 Definitions
In this Special Arrangement:
Act means the National Health Act 1953.
authorised prescriber, for a pharmaceutical benefit, means a PBS prescriber (within the meaning of Part VII of the Act) authorised under section 12 of the National Health (Listing of Pharmaceutical Benefits) Instrument 2024 to write a prescription for the supply of the benefit.
authority prescription has the meaning given by section 5 of the Regulations.
electronic medication chart prescription means a medication chart prescription prepared, in electronic form, in a software system that is used for prescribing and recording the administration of medicines to persons receiving treatment in, at or from a hospital.
eligible private hospital patient means a person who:
(a) is, or is to be treated as, an eligible person; and
(b) is receiving treatment at or from a private hospital.
Note: Under subsection 4(1A) of the Act, the phrase eligible person has the same meaning as in the Health Insurance Act 1973.
eligible public hospital patient means a person who:
(a) is, or is to be treated as, an eligible person; and
(b) is receiving treatment at or from a public hospital as a non‑admitted patient, day admitted patient or patient on discharge.
Note: Under subsection 4(1A) of the Act, the phrase eligible person has the same meaning as in the Health Insurance Act 1973.
medication chart has a meaning affected by subsection 8(2).
participating hospital authority has the meaning given by the National Health (Efficient Funding of Chemotherapy) Special Arrangement 2024.
related pharmaceutical benefit has the meaning given by the National Health (Efficient Funding of Chemotherapy) Special Arrangement 2024.
Regulations means the National Health (Pharmaceutical Benefits) Regulations 2017.
Note: Terms used in this Special Arrangement have the same meaning as in the Act—see section 13 of the Legislation Act 2003. These terms include:
approved hospital authority
approved pharmacist
approved supplier
Chief Executive Medicare
pharmaceutical benefit.
6 Pharmaceutical benefits covered by this Special Arrangement
(1) This Special Arrangement applies to a pharmaceutical benefit that is generally available for supply under Part VII of the Act.
(2) A pharmaceutical benefit is generally available for supply under Part VII if:
(a) it does not contain a drug that is subject to a declaration under subsection 85(2A) of the Act; and
(b) it is not subject to a determination under paragraph 85(8)(a) of the Act; and
(c) for a pharmaceutical benefit in relation to which a determination under paragraph 85(8)(b) has been made about the circumstances in which the benefit can only be supplied under a special arrangement under section 100 ‑ the supply is not in those circumstances.
(3) This Special Arrangement does not apply to a pharmaceutical benefit that can only be supplied under Part VII of the Act in accordance with any other Special Arrangement under section 100 of the Act.
7 Application of Part VII of the Act
(1) Each pharmaceutical benefit supplied in accordance with this Special Arrangement is supplied under Part VII of the Act.
(2) A provision of Part VII of the Act, or of regulations or other instruments made for Part VII of the Act, applies subject to this Special Arrangement.
Note: See subsection 100(3) of the Act.
8 Method of prescribing pharmaceutical benefits
(1) An authorised prescriber for a pharmaceutical benefit may write a prescription for supply of the pharmaceutical benefit to an eligible private hospital patient or eligible public hospital patient under this Special Arrangement by completing a section of a medication chart, in accordance with section 41 of the Regulations as modified by this section, that also directs the special arrangement supply of a dose of a chemotherapy drug or of a related pharmaceutical benefit to the patient under the National Health (Efficient Funding of Chemotherapy) Special Arrangement 2024.
(2) A medication chart referred to in subsection (1):
(a) is not required to be in a form approved under paragraph 41(5)(a) of the Regulations or meet the information requirements approved under paragraph 41(5)(b) of the Regulations; and
(b) is taken to be a medication chart for the purposes of the Regulations despite paragraphs 41(4)(a) and (b) of the Regulations.
(3) For an electronic medication chart prescription:
(a) paragraph 41(2)(c) of the Regulations does not apply; and
(b) the authorised prescriber must approve the prescription in the electronic system used to write the prescription; and
(c) paragraph 104(3)(b) of the Regulations does not apply.
9 Variation of application of determination of maximum number of repeats or maximum number or quantity of units
Section 30 of the Regulations applies in relation to a prescription written under this Special Arrangement as if a reference to a person receiving treatment in or at an approved hospital included a reference to a person receiving treatment from an approved hospital.
10 Supply of pharmaceuticals under this Special Arrangement
(1) A pharmaceutical benefit may be supplied under this Special Arrangement by:
(a) a participating hospital authority to an eligible public hospital patient; or
(b) an approved hospital authority for a private hospital to an eligible private hospital patient; or
(c) an approved pharmacist to an eligible public hospital patient or eligible private hospital patient.
(2) However, a participating hospital authority may not supply a related pharmaceutical benefit under this Special Arrangement.
(3) Subsections 45(2) to (7) of the Regulations apply to a supply made under this Special Arrangement as if a reference to a person receiving treatment in or at a hospital includes a reference to a person receiving treatment from a hospital.
(4) For a supply made on the basis of an electronic medication chart prescription:
(a) paragraph 45(2)(c) of the Regulations does not apply; and
(b) the participating hospital authority, approved hospital authority for a private hospital or approved pharmacist must verify the supply and the date of supply in the electronic system used to write the prescription; and
(c) section 61 of the Regulations applies as if the reference to the details referred to in paragraph 45(2)(c) of the Regulations included a reference to the verification required by paragraph (b) of this subsection.
11 Modified application of rules
For the purposes of item 32 of the table in clause 1 of Schedule 1 to the National Health (Supply of Pharmaceutical Benefits—Under Co‑payment Data and Claims for Payment) Rules 2022, an electronic medication chart prescription is taken to be a paper‑based prescription.
Endnotes
Endnote 1—About the endnotes
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
Abbreviation key—Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history—Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
Editorial changes
The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.
If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.
Endnote 2—Abbreviation key
ad = added or inserted | o = order(s) |
am = amended | Ord = Ordinance |
amdt = amendment | orig = original |
c = clause(s) | par = paragraph(s)/subparagraph(s) |
C[x] = Compilation No. x | /sub‑subparagraph(s) |
Ch = Chapter(s) | pres = present |
def = definition(s) | prev = previous |
Dict = Dictionary | (prev…) = previously |
disallowed = disallowed by Parliament | Pt = Part(s) |
Div = Division(s) | r = regulation(s)/rule(s) |
ed = editorial change | reloc = relocated |
exp = expires/expired or ceases/ceased to have | renum = renumbered |
effect | rep = repealed |
F = Federal Register of Legislation | rs = repealed and substituted |
gaz = gazette | s = section(s)/subsection(s) |
LA = Legislation Act 2003 | Sch = Schedule(s) |
LIA = Legislative Instruments Act 2003 | Sdiv = Subdivision(s) |
(md) = misdescribed amendment can be given | SLI = Select Legislative Instrument |
effect | SR = Statutory Rules |
(md not incorp) = misdescribed amendment | Sub‑Ch = Sub‑Chapter(s) |
cannot be given effect | SubPt = Subpart(s) |
mod = modified/modification | underlining = whole or part not |
No. = Number(s) | commenced or to be commenced |
Endnote 3—Legislation history
Name | Registration | Commencement | Application, saving and transitional provisions |
National Health (Chemotherapy Prescribing) Special Arrangement 2020 (PB 52 of 2020) | 20 Aug 2020 (F2020L01038) | 21 Aug 2020 (s 2(1) item 1) |
|
National Health (Chemotherapy Prescribing) Consequential Amendments Special Arrangement 2021 (PB 117 of 2021) | 31 Oct 2021 (F2021L01492) | 1 Nov 2021 (s 2(1) item 1) | — |
National Health Legislation Amendment (Conditions of Approval for Approved Pharmacists) Instrument 2023 (PB 17 of 2023) | 1 May 2023 (F2023L00511) | Sch 2 (item 1): 1 June 2023 (s 2(1) item 1) | — |
National Health Legislation (Repeal and Consequential Amendments) Instrument 2024 (PB 36 of 2024) | 28 Mar 2024 (F2024L00412) | Sch 2 (items 1‑15): 1 Apr 2024 (s 2(1) item 1) | — |
Endnote 4—Amendment history
Provision affected | How affected |
s 2..................... | rep LA s 48D |
s 4..................... | am F2024L00412 |
s 5..................... | am F2021L01492; F2024L00412 |
s 6..................... | am F2024L00412 |
s 8..................... | rs F2024L00412 |
s 9..................... | rs F2024L00412 |
s 10.................... | am F2024L00412 |
s 11.................... | rs F2024L00412 |
s 12.................... | am F2023L00511 |
| rep F2024L00412 |