National Health (Highly specialised drugs program for hospitals) Special Arrangement Amendment Instrument 2012 (No. 3) (No. PB 31 of 2012)

Administered by Department of Health, Disability and Ageing

Legislation au F2012L00952 Not in force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

 

NATIONAL HEALTH ACT 1953

 

NATIONAL HEALTH (HIGHLY SPECIALISED DRUGS PROGRAM FOR HOSPITALS) SPECIAL ARRANGEMENT AMENDMENT INSTRUMENT 2012 (No. 3)

 

PB 31 of 2012

Authority

Subsection 100(1) of the National Health Act 1953 (the Act) enables the Minister to make special arrangements for the supply of pharmaceutical benefits. 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) of the Act provides that Part VII of the Act, and instruments made for the purposes of Part VII have effect subject to a special arrangement made under subsection 100(1). 

Purpose

The purpose of this legislative instrument, made under subsections 100(1) and 100(2) of the Act, is to amend the National Health (Highly specialised drugs program for hospitals) Special Arrangement 2010 (PB 116 of 2010) (the Special Arrangement), to make changes to the special arrangement relating to the highly specialised drugs program for hospitals.

The pharmaceutical benefits supplied under the Special Arrangement are for the treatment of chronic conditions which, because of their clinical use or other special features, may only be supplied to patients receiving treatment at or from a public or private hospital having access to appropriate specialised facilities.

This instrument makes changes to reflect changes to the National Health (Listing of Pharmaceutical Benefits) Instrument 2010 made under sections 84AF, 85, 85A, 88 and 101 of the Act, which commence on the same day.

This instrument:

  • amends the circumstances associated with pharmaceutical benefits with the listed drug ‘Tocilizumab’ to include circumstances associated with treatment for patients with systemic juvenile idiopathic arthritis;
  • adds a new listed brand “Pharmacor Mycophenolate 500’ for the listed drug ‘Mycophenolic acid’ in the form of ‘Tablet containing mycophenolate mofetil 500mg’ with manner of administration ‘Oral’;
  • removes one pharmaceutical benefit with the listed drug ‘Darunavir’ in the form of ‘Tablet 300mg as ethanolate’ with manner of administration ‘Oral’ and brand ‘Prezista’; and
  • removes one pharmaceutical benefit with the listed drug ‘Etravirine’ in the form of ‘Tablet 100mg’ with manner of administration ‘Oral’ and brand “intelence’.

This instrument also amends sections 24 and 25 of the Special Arrangement to add details for the maximum quantity and number of repeats associated with pharmaceutical benefits with the listed drug ‘Eltrombopag’, add details for the maximum quantity and number of repeats when the listed drug ‘Tocilizumab’ is used as treatment for patients with systemic juvenile idiopathic arthritis and make consequential changes to the description of the maximum quantity and number of repeats for the listed drug ‘Romiplostim’ as a result of the addition of ‘Eltrombopag’ for the same treatment condition.

This instrument also adds the listed drug ‘Eltrombopag’ to the list of CAR drugs.

This instrument also corrects minor inconsistencies in the wording of the authority required procedures as part of the circumstances associated with the following 18 listed drugs to ensure each circumstance has the appropriate authority required procedure: Abacavir with Lamivudine and Zidovudine, Adefovir, Darunavir, Deferasirox, Entecavir, Eltrombopag, Filgrastim, Interferon Alfa-2a, Interferon Alfa-2b, Lamivudine, Natalizumab, Pegfilgrastim, Peginterferon Alfa-2a, Ribavirin and Peginterferon Alfa-2b, Telbivudine, Tenofovir, Tenofovir with emtricitabine and efavirenz and Zoledronic Acid.

Consultation

The amendments made by this Instrument accord with recommendations made by the Pharmaceutical Benefits Advisory Committee (PBAC). 

An ongoing and formal process of consultation in relation to matters relevant to the Special Arrangement includes the involvement of interested parties through the membership of the PBAC.  

PBAC is an independent expert body established by section 100A of the Act which makes recommendations to the Minister about which drugs and medicinal preparations should be available as pharmaceutical benefits.  PBAC members are appointed following nomination by prescribed organisations and associations 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 PBAC, and that would enable them to contribute meaningfully to the deliberations of PBAC.  When recommending the listing of a medicine on the Pharmaceutical Benefits Scheme (PBS), 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.

Pharmaceutical companies were consulted throughout the process of changes to the listings on the PBS and for this Instrument.  This includes consultation through the PBAC process, and agreement to final listing details.

This Instrument commences on 1 May 2012.

This Instrument is a legislative instrument for the purposes of the Legislative Instruments Act 2003.

A provision by provision description of this Instrument is contained in the Attachment.

 


ATTACHMENT

 

PROVISION BY PROVISION DESCRIPTION OF THE NATIONAL HEALTH (HIGHLY SPECIALISED DRUGS PROGRAM FOR HOSPITALS) SPECIAL ARRANGEMENT AMENDMENT INSTRUMENT 2012 (No. 3)

 

Section 1 Name of Instrument

This section provides that this Instrument is the National Health (Highly specialised drugs program for hospitals) Special Arrangement Amendment Instrument 2012 (No.3) and that it may also be cited as PB 31 of 2012.

Section 2 Commencement

This section provides that this Instrument commences on 1 May 2012.

Section 3 Amendments to PB 116 of 2010

This section provides that Schedule 1 amends the National Health (Highly specialised drugs program for hospitals) Special Arrangement 2010 (PB 116 of 2010) (the Special Arrangement).             

Schedule 1

Items 1 to 3 amend Section 4 of the Special Arrangement by inserting ‘Eltrombopag’ into the definition of ‘CAR drug’.

Item 4 amends paragraph 24(2)g of the Special Arrangement by specifying that the maximum quantity applies only to the listed drug ‘Tocilizumab’ when used for the ‘treatment of adult patients with severe active rheumatoid arthritis’.

Items 5 to 8 amend paragraphs 24(2)(k), 24(2)(l), 24(2)(m) and 24(2)(n) of the Special Arrangement by specifying that the maximum quantities for the listed drug ‘Romiplostim’ applies to the initial or continuing treatment of severe thrombocytopenia as the sole PBS-subsidised thrombopoetin receptor agonist (TRA) .

Item 9 amends section 24 of the Special Arrangement by adding details for the maximum quantity for the listed drugs ‘Eltrombopag’ and ‘Tocilizumab’ when used for the treatment of systemic juvenile idiopathic arthritis.

Items 10 to 13 amend paragraphs 25(2)(p), 25(2)(q), 25(2)(r) and 25(2)(s) by specifying that the number of repeats for the listed drug ‘Romiplostim’applies to the initial or continuing treatment of severe thrombocytopenia ‘as the sole PBS-subsidised thrombopoetin receptor agonist (TRA)’.

Item 14 amends section 25 of the Special Arrangement by adding details for the number of repeats for the listed drugs ‘Eltrombopag’and ‘Tocilizumab’ when used for the treatment of systemic juvenile idiopathic arthritis.

Item 15 amends the entry in Schedule 1 of the Special Arrangement for the listed drug ‘Darunavir’ by omitting a pharmaceutical benefit, which is the listed drug ‘Darunavir’ in the form ‘Tablet 300mg (as ethanolate)’ with the manner of administration ‘Oral’ and brand ‘Prezista’.

Item 16 amends the entries in Schedule 1 of the Special Arrangement for the listed drug ‘Eltrombopag’ by omitting the maximum quantities ‘28’ and number of repeats ‘5’ and inserting ‘See Note 1’ and ‘See Note 2’ for each entry.

Item 17 amends the entry in Schedule 1 of the Special Arrangement for the listed drug ‘Etravirine’ by omitting a pharmaceutical benefit, which is the listed drug ‘Etravirine’ in the form ‘Tablet 100mg’ with the manner of administration ‘Oral’ and brand ‘Intelence’.

Item 18 amends the entry in Schedule 1 of the Special Arrangement for the listed drug ‘Mycophenolic Acid’ by inserting one new pharmaceutical benefit, which is the listed drug ‘Mycophenolic Acid’ in the form ‘Tablet containing mycophenolate mofetil 500 mg’ with manner of administration ‘Oral’ and brand ‘Pharmacor Mycophenolate 500’.

Item 19 amends the entry in Schedule 1 of the Special Arrangement for the listed drug ‘Tocilizumab’ by inserting the circumstances codes ‘C4025’, ‘C4026’, ‘C4027’and ‘C4028’.

Item 20 amends Schedule 2 of the Special Arrangement by inserting the Responsible Person Code ‘CR’ and associated Responsible Person ‘Pharmacor Pty Limited’.

Items 21 and 22 amend Schedule 3 of the Special Arrangement for the listed drug Abacavir with Lamivudine and Zidovudine, circumstances codes C3979 and C3980, by omitting from the column headed ‘Authority Requirements – Part of Circumstances’ ‘Compliance with Authority Required Procedures’ and inserting ‘Compliance with Written or Telephone Authority Required procedures’.

Item 23 amends Schedule 3 of the Special Arrangement for the listed drug Abacavir with Lamivudine and Zidovudine’, circumstances code C3981, by omitting from the column headed ‘Authority Requirements – Part of Circumstances’ ‘Compliance with Authority Required Procedures - Streamlined Authority Code C3981’ and inserting ‘Compliance with Written or Telephone Authority Required procedures - Streamlined Authority Code C3981’.

Item 24 amends Schedule 3 of the Special Arrangement for the listed drug ‘Abacavir with Lamivudine and Zidovudine’, circumstances code ‘C3982’, by omitting from the column headed ‘Authority Requirements – Part of Circumstances’ ‘Compliance with Authority Required Procedures - Streamlined Authority Code C3982’ and inserting ‘Compliance with Written or Telephone Authority Required procedures - Streamlined Authority Code C3982’.

Items 25 and 26 amend Schedule 3 of the Special Arrangement for the listed drug ‘Adefovir’, circumstances codes ‘C3971’ and ‘C3972’, by omitting from the column headed ‘Authority Requirements – Part of Circumstances’ ‘Compliance with Authority Required Procedures’ and inserting ‘Compliance with Written or Telephone Authority Required procedures’.

Item 27 amends Schedule 3 of the Special Arrangement for the listed drug ‘Adefovir’, circumstances code ‘C3973’, by omitting from the column headed ‘Authority Requirements – Part of Circumstances’ ‘Compliance with Authority Required Procedures - Streamlined Authority Code C3973’ and inserting ‘Compliance with Written or Telephone Authority Required procedures - Streamlined Authority Code C3973’.

Item 28 amends Schedule 3 of the Special Arrangement for the listed drug ‘Adefovir’, circumstances code ‘C3974’, by omitting from the column headed ‘Authority Requirements – Part of Circumstances’ ‘Compliance with Authority Required Procedures - Streamlined Authority Code C3974’ and inserting ‘Compliance with Written or Telephone Authority Required procedures - Streamlined Authority Code C3974’.

Item 29 amends Schedule 3 of the Special Arrangement for the listed drug ‘Darunavir’, circumstances code ‘C3940’, by omitting from the column headed ‘Authority Requirements – Part of Circumstances’ ‘Compliance with Authority Required Procedures’ and inserting ‘Compliance with Written or Telephone Authority Required procedures’.

Item 30 amends Schedule 3 of the Special Arrangement for the listed drug ‘Darunavir’, circumstances code ‘C3941’, by omitting from the column headed ‘Authority Requirements – Part of Circumstances’ ‘Compliance with Authority Required Procedures - Streamlined Authority Code C3941’ and inserting ‘Compliance with Written or Telephone Authority Required procedures - Streamlined Authority Code C3941’.

Item 31 amends Schedule 3 of the Special Arrangement for the listed drug ‘Deferasirox’, circumstances code ‘C3828’, by omitting from the column headed ‘Authority Requirements – Part of Circumstances’ ‘Compliance with Authority Required Procedures - Streamlined Authority Code C3828’ and inserting ‘Compliance with Written or Telephone Authority Required procedures - Streamlined Authority Code C3828’.

Item 32 amends Schedule 3 of the Special Arrangement for the listed drug ‘Deferasirox’, circumstances code ‘C3829’, by omitting from the column headed ‘Authority Requirements – Part of Circumstances’ ‘Compliance with Authority Required Procedures’ and inserting ‘Compliance with Written or Telephone Authority Required procedures’.

Items 33 to 36 amend Schedule 3 of the Special Arrangement for the listed drug ‘Eltrombopag’, circumstances codes ‘C3855’, ‘C3856’, C3857’ and ‘C3858’, by omitting from the column headed ‘Authority Requirements – Part of Circumstances’ ‘Compliance with Authority Required Procedures’ and inserting ‘Compliance with modified Authority Required procedures’.

Items 37 and 38 amend Schedule 3 of the Special Arrangement for the listed drug ‘Entecavir’, circumstances codes ‘C3959’ and ‘3960’, by omitting from the column headed ‘Authority Requirements – Part of Circumstances’ ‘Compliance with Authority Required Procedures’ and inserting ‘Compliance with modified Authority Required procedures’.

Item 39 amends Schedule 3 of the Special Arrangement for the listed drug ‘Entecavir’, circumstances code C3961, by omitting from the column headed ‘Authority Requirements – Part of Circumstances’ ‘Compliance with Authority Required Procedures - Streamlined Authority Code C3961’ and inserting ‘Compliance with Written or Telephone Authority Required procedures - Streamlined Authority Code C3961’.

Item 40 amends Schedule 3 of the Special Arrangement for the listed drug ‘Entecavir’, circumstances code C3962, by omitting from the column headed ‘Authority Requirements – Part of Circumstances’ ‘Compliance with Authority Required Procedures - Streamlined Authority Code C3962’ and inserting ‘Compliance with Written or Telephone Authority Required procedures - Streamlined Authority Code C3962’.

Item 41 amends Schedule 3 of the Special Arrangement for the listed drug ‘Entecavir’, circumstances code ‘C3963’, by omitting from the column headed ‘Authority Requirements – Part of Circumstances’ ‘Compliance with Authority Required Procedures’ and inserting ‘Compliance with Written or Telephone Authority Required procedures’.

Item 42 amends Schedule 3 of the Special Arrangement for the listed drug ‘Entecavir’, circumstances code C3964, by omitting from the column headed ‘Authority Requirements – Part of Circumstances’ ‘Compliance with Authority Required Procedures - Streamlined Authority Code C3964’ and inserting ‘Compliance with Written or Telephone Authority Required procedures - Streamlined Authority Code C3964’.

Item 43 amends Schedule 3 of the Special Arrangement for the listed drug ‘Entecavir’, circumstances code ‘C3965’, by omitting from the column headed ‘Authority Requirements – Part of Circumstances’ ‘Compliance with Authority Required Procedures’ and inserting ‘Compliance with Written or Telephone Authority Required procedures’.

Item 44 amends Schedule 3 of the Special Arrangement for the listed drug ‘Entecavir’, circumstances code C3966, by omitting from the column headed ‘Authority Requirements – Part of Circumstances’ ‘Compliance with Authority Required Procedures - Streamlined Authority Code C3966’ and inserting ‘Compliance with Written or Telephone Authority Required procedures - Streamlined Authority Code C3966’.

Item 45 amends Schedule 3 of the Special Arrangement for the listed drug ‘Filgrastim’, circumstances code ‘C3833’, by omitting from the column headed ‘Authority Requirements – Part of Circumstances’ ‘Compliance with Authority Required Procedures’ and inserting ‘Compliance with Written or Telephone Authority Required procedures’.

Item 46 amends Schedule 3 of the Special Arrangement for the listed drug ‘Filgrastim’, circumstances code C3834, by omitting from the column headed ‘Authority Requirements – Part of Circumstances’ ‘Compliance with Authority Required Procedures - Streamlined Authority Code C3834’ and inserting ‘Compliance with Written or Telephone Authority Required procedures - Streamlined Authority Code C3834’.

Items 47 and 48 amend Schedule 3 of the Special Arrangement for the listed drug ‘Interferon Alfa-2a’, circumstances codes ‘C3959 and ‘C3960’, by omitting from the column headed ‘Authority Requirements – Part of Circumstances’ ‘Compliance with Authority Required Procedures’ and inserting ‘Compliance with Written or Telephone Authority Required procedures’.

Item 49 amends Schedule 3 of the Special Arrangement for the listed drug ‘Interferon Alfa-2a’, circumstances code C3961, by omitting from the column headed ‘Authority Requirements – Part of Circumstances’ ‘Compliance with Authority Required Procedures - Streamlined Authority Code C3961’ and inserting ‘Compliance with Written or Telephone Authority Required procedures - Streamlined Authority Code C3961’.

Item 50 amends Schedule 3 of the Special Arrangement for the listed drug ‘Interferon Alfa-2a’, circumstances code C3962, by omitting from the column headed ‘Authority Requirements – Part of Circumstances’ ‘Compliance with Authority Required Procedures - Streamlined Authority Code C3962’ and inserting ‘Compliance with Written or Telephone Authority Required procedures - Streamlined Authority Code C3962’.

Items 51 and 52 amend Schedule 3 of the Special Arrangement for the listed drug ‘Interferon Alfa-2b’, circumstances codes ‘C3959’ and ‘C3960’, by omitting from the column headed ‘Authority Requirements – Part of Circumstances’ ‘Compliance with Authority Required Procedures’ and inserting ‘Compliance with Written or Telephone Authority Required procedures’.

Item 53 amends Schedule 3 of the Special Arrangement for the listed drug ‘Interferon Alfa-2b’, circumstances code C3961, by omitting from the column headed ‘Authority Requirements – Part of Circumstances’ ‘Compliance with Authority Required Procedures - Streamlined Authority Code C3961’ and inserting ‘Compliance with Written or Telephone Authority Required procedures - Streamlined Authority Code C3961’.

Item 54 amends Schedule 3 of the Special Arrangement for the listed drug ‘Interferon Alfa-2b’, circumstances code C3962, by omitting from the column headed ‘Authority Requirements – Part of Circumstances’ ‘Compliance with Authority Required Procedures - Streamlined Authority Code C3962’ and inserting ‘Compliance with Written or Telephone Authority Required procedures - Streamlined Authority Code C3962’.

Items 55 and 56 amend Schedule 3 of the Special Arrangement for the listed drug ‘Lamivudine’, circumstances codes ‘C3586’ and ‘C3587’, by omitting from the column headed ‘Authority Requirements – Part of Circumstances’ ‘Compliance with Authority Required Procedures’ and inserting ‘Compliance with Written or Telephone Authority Required procedures’.

Item 57 amends Schedule 3 of the Special Arrangement for the listed drug ‘Lamivudine’, circumstances code C3588, by omitting from the column headed ‘Authority Requirements – Part of Circumstances’ ‘Compliance with Authority Required Procedures - Streamlined Authority Code C3588’ and inserting ‘Compliance with Written or Telephone Authority Required procedures - Streamlined Authority Code C3588’.

Item 58 amends Schedule 3 of the Special Arrangement for the listed drug ‘Lamivudine’, circumstances code C3589, by omitting from the column headed ‘Authority Requirements – Part of Circumstances’ ‘Compliance with Authority Required Procedures - Streamlined Authority Code C3589’ and inserting ‘Compliance with Written or Telephone Authority Required procedures - Streamlined Authority Code C3589’.

Items 59 and 60 amend Schedule 3 of the Special Arrangement for the listed drug ‘Lamivudine’, circumstances codes ‘C3959’ and ‘C3960’, by omitting from the column headed ‘Authority Requirements – Part of Circumstances’ ‘Compliance with Authority Required Procedures’ and inserting ‘Compliance with Written or Telephone Authority Required procedures’.

Item 61 amends Schedule 3 of the Special Arrangement for the listed drug ‘Lamivudine’, circumstances code C3961, by omitting from the column headed ‘Authority Requirements – Part of Circumstances’ ‘Compliance with Authority Required Procedures - Streamlined Authority Code C3961’ and inserting ‘Compliance with Written or Telephone Authority Required procedures - Streamlined Authority Code C3961’.

Item 62 amends Schedule 3 of the Special Arrangement for the listed drug ‘Lamivudine’, circumstances code C3962, by omitting from the column headed ‘Authority Requirements – Part of Circumstances’ ‘Compliance with Authority Required Procedures - Streamlined Authority Code C3962’ and inserting ‘Compliance with Written or Telephone Authority Required procedures - Streamlined Authority Code C3962’.

Item 63 amends Schedule 3 of the Special Arrangement for the listed drug ‘Natalizumab’, circumstances code ‘C3423’, by omitting from the column headed ‘Authority Requirements – Part of Circumstances’ ‘Compliance with modified Authority Required Procedures’ and inserting ‘Compliance with Written or Telephone Authority Required procedures’.

Item 64 amends Schedule 3 of the Special Arrangement for the listed drug ‘Pegfilgrastim’, circumstances code ‘C3833’, by omitting from the column headed ‘Authority Requirements – Part of Circumstances’ ‘Compliance with Authority Required Procedures’ and inserting ‘Compliance with Written or Telephone Authority Required procedures’.

Item 65 amends Schedule 3 of the Special Arrangement for the listed drug ‘Pegfilgrastim’, circumstances code C3834, by omitting from the column headed ‘Authority Requirements – Part of Circumstances’ ‘Compliance with Authority Required Procedures - Streamlined Authority Code C3834’ and inserting ‘Compliance with Written or Telephone Authority Required procedures - Streamlined Authority Code C3834’.

Items 66 and 67 amend Schedule 3 of the Special Arrangement for the listed drug ‘Peginterferon Alfa-2a’, circumstances codes ‘C3975’ and ‘C3976’, by omitting from the column headed ‘Authority Requirements – Part of Circumstances’ ‘Compliance with Authority Required Procedures’ and inserting ‘Compliance with Written or Telephone Authority Required procedures’.

Item 68 amends Schedule 3 of the Special Arrangement for the listed drug ‘Peginterferon Alfa-2a’, circumstances code C3977, by omitting from the column headed ‘Authority Requirements – Part of Circumstances’ ‘Compliance with Authority Required Procedures - Streamlined Authority Code C3977’ and inserting ‘Compliance with Written or Telephone Authority Required procedures - Streamlined Authority Code C3977’.

Item 69 amends Schedule 3 of the Special Arrangement for the listed drug ‘Peginterferon Alfa-2a’, circumstances code C3978, by omitting from the column headed ‘Authority Requirements – Part of Circumstances’ ‘Compliance with Authority Required Procedures - Streamlined Authority Code C3978’ and inserting ‘Compliance with Written or Telephone Authority Required procedures - Streamlined Authority Code C3978’.

Item 70 amends Schedule 3 of the Special Arrangement for the listed drug ‘Ribavirin and Peginterferon Alfa-2b’, circumstances code C3413, by omitting from the column headed ‘Authority Requirements – Part of Circumstances’ ‘Compliance with Authority Required Procedures - Streamlined Authority Code C3413’ and inserting ‘Compliance with Written or Telephone Authority Required procedures - Streamlined Authority Code C3413’.

Item 71 amends Schedule 3 of the Special Arrangement for the listed drug ‘Ribavirin and Peginterferon Alfa-2b’, circumstances code ‘C3948’, by omitting from the column headed ‘Authority Requirements – Part of Circumstances’ ‘Compliance with Authority Required Procedures’ and inserting ‘Compliance with Written or Telephone Authority Required procedures’.

Item 72 amends Schedule 3 of the Special Arrangement for the listed drug ‘Ribavirin and Peginterferon Alfa-2b’, circumstances code C3949, by omitting from the column headed ‘Authority Requirements – Part of Circumstances’ ‘Compliance with Authority Required Procedures - Streamlined Authority Code C3949’ and inserting ‘Compliance with Written or Telephone Authority Required procedures - Streamlined Authority Code C3949’.

Items 73 and 74 amend Schedule 3 of the Special Arrangement for the listed drug ‘Telbivudine’, circumstances codes ‘C3967’ and ‘C3968’, by omitting from the column headed ‘Authority Requirements – Part of Circumstances’ ‘Compliance with Authority Required Procedures’ and inserting ‘Compliance with Written or Telephone Authority Required procedures’.

Item 75 amends Schedule 3 of the Special Arrangement for the listed drug ‘Telbivudine’, circumstances code C3969, by omitting from the column headed ‘Authority Requirements – Part of Circumstances’ ‘Compliance with Authority Required Procedures - Streamlined Authority Code C3969’ and inserting ‘Compliance with Written or Telephone Authority Required procedures - Streamlined Authority Code C3969’.

Item 76 amends Schedule 3 of the Special Arrangement for the listed drug ‘Telbivudine’, circumstances code C3970, by omitting from the column headed ‘Authority Requirements – Part of Circumstances’ ‘Compliance with Authority Required Procedures - Streamlined Authority Code C3970’ and inserting ‘Compliance with Written or Telephone Authority Required procedures - Streamlined Authority Code C3970’.

Items 77 and 78 amend Schedule 3 of the Special Arrangement for the listed drug ‘Tenofovir’, circumstances codes ‘C3586’ and ‘C3587’, by omitting from the column headed ‘Authority Requirements – Part of Circumstances’ ‘Compliance with Authority Required Procedures’ and inserting ‘Compliance with Written or Telephone Authority Required procedures’.

Item 79 amends Schedule 3 of the Special Arrangement for the listed drug ‘Tenofovir’, circumstances code ‘C3588’, by omitting from the column headed ‘Authority Requirements – Part of Circumstances’ ‘Compliance with Authority Required Procedures - Streamlined Authority Code C3588’ and inserting ‘Compliance with Written or Telephone Authority Required procedures - Streamlined Authority Code C3588’.

Item 80 amends Schedule 3 of the Special Arrangement for the listed drug ‘Tenofovir’, circumstances code ‘C3589’, by omitting from the column headed ‘Authority Requirements – Part of Circumstances’ ‘Compliance with Authority Required Procedures - Streamlined Authority Code C3589’ and inserting ‘Compliance with Written or Telephone Authority Required procedures - Streamlined Authority Code C3589’.

Items 81 and 82 amend Schedule 3 of the Special Arrangement for the listed drug ‘Tenofovir’, circumstances codes ‘C3967’ and ‘C3968’, by omitting from the column headed ‘Authority Requirements – Part of Circumstances’ ‘Compliance with Authority Required Procedures’ and inserting ‘Compliance with Written or Telephone Authority Required procedures’.

Item 83 amends Schedule 3 of the Special Arrangement for the listed drug ‘Tenofovir’, circumstances code ‘C3969’, by omitting from the column headed ‘Authority Requirements – Part of Circumstances’ ‘Compliance with Authority Required Procedures - Streamlined Authority Code C3969’ and inserting ‘Compliance with Written or Telephone Authority Required procedures - Streamlined Authority Code C3969’.

Item 84 amends Schedule 3 of the Special Arrangement for the listed drug ‘Tenofovir’, circumstances code ‘C3970’, by omitting from the column headed ‘Authority Requirements – Part of Circumstances’ ‘Compliance with Authority Required Procedures - Streamlined Authority Code C3970’ and inserting ‘Compliance with Written or Telephone Authority Required procedures - Streamlined Authority Code C3970’.

Items 85 and 86 amend Schedule 3 of the Special Arrangement for the listed drug ‘Tenofovir’, circumstances codes ‘C3971’ and ‘C3972’, by omitting from the column headed ‘Authority Requirements – Part of Circumstances’ ‘Compliance with Authority Required Procedures’ and inserting ‘Compliance with Written or Telephone Authority Required procedures’.

Item 87 amends Schedule 3 of the Special Arrangement for the listed drug ‘Tenofovir’, circumstances code ‘C3973’, by omitting from the column headed ‘Authority Requirements – Part of Circumstances’ ‘Compliance with Authority Required Procedures - Streamlined Authority Code C3973’ and inserting ‘Compliance with Written or Telephone Authority Required procedures - Streamlined Authority Code C3973’.

Item 88 amends Schedule 3 of the Special Arrangement for the listed drug ‘Tenofovir’, circumstances code ‘C3974’, by omitting from the column headed ‘Authority Requirements – Part of Circumstances’ ‘Compliance with Authority Required Procedures - Streamlined Authority Code C3974’ and inserting ‘Compliance with Written or Telephone Authority Required procedures - Streamlined Authority Code C3974’.

Items 89 and 90 amend Schedule 3 of the Special Arrangement for the listed drug ‘Tenofovir with emtricitabine and efavirenz’, circumstances codes ‘C3983’ and ‘C3984’, by omitting from the column headed ‘Authority Requirements – Part of Circumstances’ ‘Compliance with Authority Required Procedures’ and inserting ‘Compliance with Written or Telephone Authority Required procedures’.

Item 91 amends Schedule 3 of the Special Arrangement for the listed drug ‘Tenofovir with emtricitabine and efavirenz’, circumstances code ‘C3985’, by omitting from the column headed ‘Authority Requirements – Part of Circumstances’ ‘Compliance with Authority Required Procedures - Streamlined Authority Code C3985’ and inserting ‘Compliance with Written or Telephone Authority Required procedures - Streamlined Authority Code C3985’.

Item 92 amends Schedule 3 of the Special Arrangement for the listed drug ‘Tenofovir with emtricitabine and efavirenz’, circumstances code ‘C3986’, by omitting from the column headed ‘Authority Requirements – Part of Circumstances’ ‘Compliance with Authority Required Procedures - Streamlined Authority Code C3986’ and inserting ‘Compliance with Written or Telephone Authority Required procedures - Streamlined Authority Code C3986’.

Item 93 amends the entry in Schedule 3 of the Special Arrangement for the listed drug ‘Tocilizumab’ by inserting the circumstances codes ‘C4025’, ‘C4026’, ‘C4027’and ‘C4028’ and the circumstances associated with them.

Item 94 amends Schedule 3 of the Special Arrangement for the listed drug ‘Zolendronic Acid’, circumstances code ‘C3881’, by omitting from the column headed ‘Authority Requirements – Part of Circumstances’ ‘Compliance with Authority Required Procedures’ and inserting ‘Compliance with Written or Telephone Authority Required procedures’.

Item 95 amends Schedule 3 of the Special Arrangement for the listed drug ‘Zolendronic Acid’, circumstances code ‘C3882’, by omitting from the column headed ‘Authority Requirements – Part of Circumstances’ ‘Compliance with Authority Required Procedures - Streamlined Authority Code C3882’ and inserting ‘Compliance with Written or Telephone Authority Required procedures - Streamlined Authority Code C3882’.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Overview

The National Health (Highly Specialised Drugs Program for Hospitals) Special Arrangement Amendment Instrument 2012 (No. 3) was enacted to amend the National Health (Highly specialised drugs program for hospitals) Special Arrangement 2010. This instrument aimed to update the special arrangement relating to the highly specialised drugs program for hospitals by incorporating changes to the National Health (Listing of Pharmaceutical Benefits) Instrument 2010. The amendments were made under the authority of the National Health Act 1953, which empowers the Minister to establish special arrangements for the supply of pharmaceutical benefits. The policy objective behind these amendments was to align the special arrangement with the most recent updates to the Pharmaceutical Benefits Scheme, ensuring that patients in hospitals have access to the latest and most effective treatments available. The instrument also involved extensive consultation with the Pharmaceutical Benefits Advisory Committee, which recommended the changes in line with clinical effectiveness, safety, and cost-effectiveness considerations.

Scope and Application

The National Health (Highly Specialised Drugs Program for Hospitals) Special Arrangement Amendment Instrument 2012 (No. 3) amends the National Health (Highly Specialised Drugs Program for Hospitals) Special Arrangement 2010, which pertains to the supply of pharmaceutical benefits under the National Health Act 1953. This amendment applies to the treatment of chronic conditions in public or private hospitals that have access to appropriate specialised facilities. The instrument modifies the listing of pharmaceutical benefits to include or exclude certain drugs and their specific forms and brands, and adjusts the maximum quantities and number of repeats for drugs such as Eltrombopag and Tocilizumab. The changes are made in accordance with recommendations from the Pharmaceutical Benefits Advisory Committee and come into effect on 1 May 2012. The amendments also correct authority requirement procedures for various drugs, updating them to either streamlined or written/telephone authority procedures. This legislative instrument is designed to ensure the National Health Act provisions align with the current clinical and administrative needs for highly specialised drugs in hospital settings.

Key Provisions

The National Health (Highly Specialised Drugs Program for Hospitals) Special Arrangement Amendment Instrument 2012 (No. 3) amends the National Health (Highly specialised drugs program for hospitals) Special Arrangement 2010 (the Special Arrangement). This amendment instrument introduces changes to the highly specialised drugs program for hospitals, focusing on the pharmaceutical benefits provided under the Special Arrangement. Key changes include modifications to the circumstances associated with the listed drug 'Tocilizumab', the addition of a new listed brand 'Pharmacor Mycophenolate 500' for the drug 'Mycophenolic acid', and the removal of certain pharmaceutical benefits for 'Darunavir' and 'Etravirine'. Furthermore, it adds 'Eltrombopag' to the list of CAR drugs and corrects minor inconsistencies in the wording of the authority required procedures for eighteen listed drugs. The obligations imposed by this Act on the parties or entities it governs include ensuring compliance with the new circumstances and requirements for the listed drugs, especially for those with altered authority requirements. For instance, healthcare providers must adhere to the modified authority required procedures for drugs such as 'Tocilizumab' and 'Eltrombopag', which now include compliance with written or telephone authority procedures. This ensures that only authorised treatments are administered and that the appropriate protocols are followed for each drug. Moreover, the instrument mandates specific details for the maximum quantity and number of repeats for certain drugs like 'Eltrombopag' and 'Tocilizumab' when used for specific conditions, ensuring that the administration of these drugs is monitored and controlled. Failure to comply with the provisions of this amendment instrument could result in significant consequences. While the Act does not explicitly state penalties for breaches, non-compliance with the pharmaceutical benefits scheme regulations generally can lead to civil or criminal penalties. Civil penalties may include fines, while criminal penalties can result in imprisonment, depending on the severity and intent of the breach. Healthcare providers and entities must therefore ensure adherence to the updated requirements to avoid any legal repercussions.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.