EXPLANATORY STATEMENT
NATIONAL HEALTH ACT 1953
NATIONAL HEALTH (HIGHLY SPECIALISED DRUGS PROGRAM) SPECIAL ARRANGEMENT AMENDMENT INSTRUMENT 2016 (No. 10)
PB 93 of 2016
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
This is the National Health (Highly specialised drugs program) Special Arrangement Amendment Instrument 2016 (No. 10) (the Amending Instrument). The purpose of the Amending Instrument is to amend the National Health (Highly specialised drugs program) Special Arrangement 2010 (PB 116 of 2010) (the Special Arrangement), to make changes to the Special Arrangement relating to the Highly Specialised Drugs (HSD) program.
The amendment made by this Instrument reflects amendments to the National Health (Listing of Pharmaceutical Benefits) Instrument 2012, which commence on the same day.
The amendments in PB 93 of 2016 include removing a brand, addition of authority requirements, amending a manufacturer code, addition of new pharmaceutical items, removing entries in section 100 only column, changes to circumstances for prescribing and amendments to the General statement for drugs for the treatment of hepatitis C.
These changes are summarised, by drug name, in the Attachment.
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), 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.
Pharmaceutical companies were consulted throughout the process of changes to the listings on the PBS. This includes consultation through the PBAC process.
Details of the instrument are set out in the Attachment.
This Instrument commences on 1 November 2016.
This Instrument is a legislative instrument for the purposes of the Legislation Act 2003.
ATTACHMENT
Details of the National Health (Highly specialised drugs program) Special Arrangement Amendment Instrument 2016
PART 1 PRELIMINARY
Section 1 Name of Instrument
This section provides the name of this instrument as the National Health (Highly specialised drugs program) Special Arrangement Amendment Instrument 2016 (No. 10). It can also be cited as PB 93 of 2016.
Section 2 Commencement
This section provides that this instrument commences on 1 November 2016.
Section 3 Amendment
This section provides that the Schedule amends the National Health (Highly specialised drugs program) Special Arrangement 2010 (PB 116 of 2010).
SCHEDULE
Items 1 to7 and Items 9 to 11 Schedules 1 and 3
Items 1 to 7 and Items 9 to 11 provide for removing a brand, addition of authority requirements, amending a manufacturer code, addition of new pharmaceutical items, removing entry in section 100 only column, and changes to circumstances for prescribing. These changes are summarised below:
Listed Drug | Type of Change |
Azacitidine | Deletion of brand |
Etanercept | Addition of authority requirements |
Foscarnet | Amended manufacturer code |
Lipegfilgrastim | Addition of pharmaceutical item |
Paritaprevir with ritonavir with ombitasvir and dasabuvir | Deletion of entry in section 100 only column |
Paritaprevir with ritonavir with ombitasvir and dasabuvir and ribavirin | Deletion of entry in section 100 only column |
Pegfilgrastim | Remodelled restrictions |
Ribavirin | Addition of pharmaceutical item |
Item 8 Schedule 2
Item 8 amends Schedule 2 of the Special Arrangement to add the new responsible person LM, ‘Link Medical Products Pty Ltd’ to the list of Responsible Person Codes.
Item 12 Schedule 3 Part 1
Item 12 amends Schedule 3 Part 1 of the Special Arrangement by adding changes to the treatment regimen for Ribavirin. It also expands the prescriber restrictions for medicines included in the General statement for the treatment of hepatitis C to include a medical practitioner experienced in the treatment of chronic hepatitis C infection.