EXPLANATORY STATEMENT
NATIONAL HEALTH ACT 1953
NATIONAL HEALTH (HIGHLY SPECIALISED DRUGS PROGRAM FOR HOSPITALS) SPECIAL ARRANGEMENT AMENDMENT INSTRUMENT 2013 (No. 9)
PB 92 of 2013
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 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.
The amendment made by this instrument reflects changes to the National Health (Listing of Pharmaceutical Benefits) Instrument 2012, which commence on the same day.
This item replaces the circumstance codes and restriction text for all brands and forms of Clozapine, removes the brand Vitrasert for the drug Ganciclovir in the form intravitreal implant with manner of administration implantation, and removes the brand Aredia 15 mg for the drug Pamidronic Acid in the form injection with manner of administration injection.
A provision by provision description of this instrument is contained in the Attachment.
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 January 2014.
This instrument is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
ATTACHMENT
PROVISION BY PROVISION DESCRIPTION OF THE NATIONAL HEALTH (HIGHLY SPECIALISED DRUGS PROGRAM FOR HOSPITALS) SPECIAL ARRANGEMENT AMENDMENT INSTRUMENT 2013 (No.9)
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 2013 (No.9) and that it may also be cited as PB 92 of 2013.
Section 2 Commencement
This section provides that this instrument commences on 1 January 2014.
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 Amendments
Items 1-7 Schedule 1, entry for Clozapine (all brands and forms)
These items replace and insert the new circumstance codes, C4371 and C4411, to reflect changes to the restriction text for the drug Clozapine for the treatment of schizophrenia.
Item 8 Schedule 1, entry for Ganciclovir in the form intravitreal implant 4.5 mg, manner of administration implantation, brand Vitrasert
This item deletes the brand Vitrasert for the drug Ganciclovir in the form intravitreal implant 4.5 mg with manner of administration implantation.
Item 9 Schedule 1, entry for Pamidronic Acid in the form injection containing
4 vials powder for I.V. infusion containing disodium pamidronate 15 mg and 4 ampoules solvent 5 mL with manner of administration injection, brand Aredia 15 mg
This item deletes the brand Aredia 15 mg for the drug Pamidronic Acid in the form injection containing 4 vials powder infusions containing disodium pamidronate 15 mg and 4 ampoules solvent 5 mL with manner of administration injection.
Item 10 Schedule 3, entry for Clozapine
This item omits circumstance codes C1826, C1827, C3326 and C3327, and the restriction text for the drug Clozapine.
Item 11 Schedule 3, entry for Clozapine
This item inserts new circumstance codes C4371 and C4411, and inserts new restriction text for the drug Clozapine.