National Health (Highly specialised drugs program) Special Arrangement Amendment Instrument 2021 (No. 2) (PB 17 of 2021)

Administered by Department of Health, Disability and Ageing

Legislation au F2021L00167 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

NATIONAL HEALTH ACT 1953

NATIONAL HEALTH (HIGHLY SPECIALISED DRUGS PROGRAM) SPECIAL ARRANGEMENT AMENDMENT INSTRUMENT 2021 (No. 2)

PB 17 of 2021

 

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 2021 (No.2) (this Instrument).  The purpose of this Instrument, made under subsection 100(2) of the Act, 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 program.

The amendments made by this Instrument reflect amendments to the National Health (Listing of Pharmaceutical Benefits) Instrument 2012 (PB 71 of 2012), which commence on the same day.  The National Health (Listing of Pharmaceutical Benefits) Instrument 2012 (PB 71 of 2012) is made under sections 84AF, 84AK, 85, 85A, 88 and 101 of the Act.

Schedule 1 to this Instrument provides for the alteration of an authority requirement for a circumstances code applicable to the listed drug infliximab and the alteration of circumstances in which a prescription may be written for the supply of the listed drugs ambrisentan, bosentan, epoprostenol, iloprost, macitentan, sildenafil and tadalafil under the Special Arrangement. It also provides for the alteration of the General statement for drugs for the treatment of hepatitis C to remove a pharmaceutical item which has moved to supply only. These changes are summarised, by subject matter, 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.  In addition, an industry nominee has been appointed to the PBAC membership.  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.  This includes consultation through the PBAC process.

Further consultation for this Instrument was considered unnecessary due to the nature of the consultation that had already taken place in the decision to list the medication.

Details of this Instrument are set out in the Attachment.

This Instrument commences on 1 March 2021.

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


ATTACHMENT

PROVISION-BY-PROVISION DESCRIPTION OF NATIONAL HEALTH (HIGHLY SPECIALISED DRUGS PROGRAM) SPECIAL ARRANGEMENT AMENDMENT INSTRUMENT 2021 (No. 2)

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 2021 (No. 2) and may also be cited as
PB 17 of 2021.

Section 2 Commencement

This section provides that this Instrument commences on 1 March 2021.

Section 3 Amendment of National Health (Highly specialised drugs program) Special Arrangement 2010 (PB 116 of 2010)

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

Schedule 1 Amendments

The amendments in Schedule 1 involve the alteration of an authority requirement for a circumstances code, the alteration of the General statement for drugs for the treatment of hepatitis C to remove a pharmaceutical item which has moved to supply only, and the alteration of circumstances for prescribing various listed drugs available under the Special Arrangement.  These changes are summarised below.

SUMMARY OF CHANGES TO THE NATIONAL HEALTH (HIGHLY SPECIALISED DRUGS PROGRAM) SPECIAL ARRANGEMENT 2010 MADE BY THIS INSTRUMENT

Alteration of Authority Requirements

Listed Drug

Circumstances Code

Authority Requirements ‑ Part of Circumstances

Infliximab

C8883

From: Compliance with Authority Required procedures

To: Compliance with Written Authority Required procedures

Alteration of Circumstances in Which a Prescription May be Written

Listed Drug

Ambrisentan

Bosentan

Epoprostenol

Iloprost

Macitentan

Sildenafil

Tadalafil


Deletion of drug from the General statement for drugs for the treatment of hepatitis C

Listed Drug

Grazoprevir with elbasvir

Document/s incorporated by reference

Listed Drug

Document incorporated

Document access

Ambrisentan

Bosentan

Epoprostenol

Ilopros

Macitentan

Selexipag

Sildenafil

Tadalafil

WHO Functional Classes for pulmonary arterial hypertension (PAH).  The document is incorporated as in force on the day this Instrument takes effect, pursuant to paragraph 14(1)(b) of the Legislation Act 2003.

The WHO Functional Class system for PAH is used to define the severity of PAH symptoms and the impact they have on a patient’s day-to-day activities.

The WHO Functional Class system for PAH is available for download for free from the Pulmonary Hypertension Association Australia website: https://www.phaaustralia.com/page/11/classification-of-pulmonary-hypertension

Ambrisentan

Bosentan

Epoprostenol

Iloprost

Macitentan

Sildenafil

Tadalafil

Therapeutic Goods Administration (TGA)-approved Product Information. The document is incorporated as in force on the day this Instrument takes effect, pursuant to paragraph 14(1)(b) of the Legislation Act 2003.

This document provides health professionals with a summary of the scientific information relevant to the safe and effective use of a prescription medicine.

TGA-approved Product Information is available for download for free from the TGA website: https://www.tga.gov.au/product-information-0

Diagnostic tools referenced in the Instrument

The following standard medical diagnostic tools are referenced in the Instrument but are not intended to incorporate a document by reference.

Listed Drug

Diagnostic tool

Purpose and use in the Instrument

Reason this reference does not serve to incorporate a document

Ambrisentan

Bosentan

Epoprostenol

Iloprost

Macitentan

Sildenafil

Tadalafil

Right heart catherisation (RHC) composite assessment

RHC is a diagnostic procedure used to measure pulmonary artery pressures and thus evaluate whether a patient has pulmonary hypertension or not, and sometimes what is causing the pulmonary hypertension.

RHC composite assessment is a range of haemodynamic assessment comprising the measurement of cardiac output, mixed venous oxygen saturation, mean pulmonary arterial pressure, pulmonary artery wedge pressure, right atrial pressure and right ventricular pressure.

Measurement must be reported on as part of the authority application for a number of PBS listed drugs.

The RHC composite assessment is part of the standard diagnostic work-up for Pulmonary Arterial Hypertension and does not constitute a written record of information that must be referred to in order to determine whether statutory conditions have been met.

Ambrisentan

Bosentan

Epoprostenol

Iloprost

Macitentan

Sildenafil

Tadalafil

Echocardiography (ECHO) composite assessment

ECHO is an ultrasound of the heart used to estimate the pulmonary artery pressures using mathematical equations and thus evaluate whether a patient has pulmonary hypertension.

ECHO composite assessment is a range of haemodynamic assessment comprising the measurement of pulmonary artery systolic pressure, right ventricular systolic pressure, right atrial pressure.

Measurement must be reported on as part of the authority application for a number of PBS listed drugs.

The ECHO composite assessment is part of the standard diagnostic work-up for Pulmonary Arterial Hypertension and does not constitute a written record of information that must be referred to in order to determine whether statutory conditions have been met.

Ambrisentan

Bosentan

Epoprostenol

Iloprost

Macitentan

Sildenafil

Tadalafil

Six Minute Walk Test (6MWT)

The 6MWT is an assessment of performance ability in a variety of cardiopulmonary disease. It provides important functional information that is not captured in standardized pulmonary function testing.

Measurement must be reported on as part of the authority application for a number of PBS listed drugs.

The 6MWT is a process for obtaining physiological measurements and does not constitute a written record of information that must be referred to in order to determine whether statutory conditions have been met. The 6MWT is part of the standard diagnostic work-up for Pulmonary Arterial Hypertension.


Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

National Health (Highly specialised drugs program)
Special Arrangement Amendment Instrument 2021 (No. 2)

(PB 17 of 2021)

This Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Overview of the Instrument

The purpose of this Instrument, made under subsection 100(2) of the National Health Act 1953 (the Act), 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 program.

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 specialised treatment.

The amendments in Schedule 1 involve the alteration of an authority requirement for a circumstances code, the alteration of the General statement for drugs for the treatment of hepatitis C to remove a pharmaceutical item which has moved to supply only, and the alteration of circumstances for prescribing various listed drugs available under the Special Arrangement. 

Human Rights Implications

This Instrument engages Article 2 and 12 of the International Covenant on Economic, Social and Cultural Rights (ICESCR) by assisting with the progressive realisation by all appropriate means of the right of everyone to the enjoyment of the highest attainable standard of physical and mental health.

The Pharmaceutical Benefits Scheme (PBS) is a benefit scheme which assists with advancement of this human right by providing for subsidised access by patients to medicines.  The recommendatory role of the Pharmaceutical Benefits Advisory Committee (PBAC) ensures that decisions about subsidised access to medicines on the PBS are evidence-based.

Conclusion

This Instrument is compatible with human rights because it advances the protection of human rights.

 

 

 

Ben Sladic

Assistant Secretary

Pharmacy Branch

Technology Assessment and Access Division

Department of Health

 

Overview

The National Health (Highly specialised drugs program) Special Arrangement Amendment Instrument 2021 (No. 2) was enacted to amend the National Health (Highly specialised drugs program) Special Arrangement 2010, with a view to updating the Highly Specialised Drugs program. This Instrument was made under subsection 100(2) of the National Health Act 1953, which empowers the Minister to make special arrangements for the supply of pharmaceutical benefits and to vary or revoke such arrangements. The policy objective is to ensure that the Highly Specialised Drugs program remains current and effective in addressing the needs of patients requiring specialised treatment for chronic conditions. The amendments reflect changes to the National Health (Listing of Pharmaceutical Benefits) Instrument 2012, which were implemented to align with recommendations from the Pharmaceutical Benefits Advisory Committee. These amendments focus on altering authority requirements for specific drugs, updating the General statement for drugs used in hepatitis C treatment, and modifying the circumstances for prescribing certain drugs under the program. The changes aim to ensure that the Highly Specialised Drugs program continues to provide appropriate and effective access to necessary medications for patients. The Instrument also ensures compatibility with human rights by advancing the right to the highest attainable standard of physical and mental health, as outlined in the International Covenant on Economic, Social and Cultural Rights. The amendments facilitate the provision of subsidised access to medicines through the Pharmaceutical Benefits Scheme, ensuring that decisions regarding access are evidence-based and guided by the recommendations of the Pharmaceutical Benefits Advisory Committee. The ongoing consultation process, involving relevant stakeholders and the committee, helps maintain the relevance and effectiveness of the Highly Specialised Drugs program.

Scope and Application

The National Health (Highly Specialised Drugs Program) Special Arrangement Amendment Instrument 2021 (No. 2) amends the National Health (Highly Specialised Drugs Program) Special Arrangement 2010 to modify the Highly Specialised Drugs Program under the National Health Act 1953. This legislation applies to the supply of pharmaceutical benefits, specifically for the treatment of chronic conditions that require specialised treatment and are supplied under the Highly Specialised Drugs Program. The amendments are designed to align with changes to the National Health (Listing of Pharmaceutical Benefits) Instrument 2012. These amendments include altering authority requirements for specific drugs, modifying the circumstances under which prescriptions can be written, and adjusting the General statement for drugs used in the treatment of hepatitis C. The changes are intended to reflect recommendations made by the Pharmaceutical Benefits Advisory Committee, ensuring that decisions about the subsidy of medications are evidence-based and take into account clinical effectiveness, safety, and cost-effectiveness. The amendments do not introduce new exclusions or thresholds, but rather refine existing provisions to better align with current medical practices and recommendations. The Instrument commenced on 1 March 2021 and is subject to the overarching provisions of the National Health Act 1953.

Key Provisions

The National Health (Highly specialised drugs program) Special Arrangement Amendment Instrument 2021 (No. 2) (the Instrument) amends the National Health (Highly specialised drugs program) Special Arrangement 2010 (the Special Arrangement) to modify provisions relating to the Highly Specialised Drugs program (sections 3, 100(2)). This Instrument, commencing on 1 March 2021, modifies authority requirements for the drug infliximab, updates prescription circumstances for several listed drugs, and removes a pharmaceutical item from the General statement for drugs for the treatment of hepatitis C (Schedule 1). Specifically, it changes the authority requirement for infliximab from compliance with authority required procedures to compliance with written authority required procedures (Schedule 1, item 1). It also updates the prescription circumstances for ambrisentan, bosentan, epoprostenol, iloprost, macitentan, sildenafil, and tadalafil to align with the World Health Organization (WHO) Functional Classes for pulmonary arterial hypertension (PAH) and Therapeutic Goods Administration (TGA)-approved Product Information (Schedule 1, items 2 and 3). Additionally, it removes Grazoprevir with elbasvir from the General statement for drugs for the treatment of hepatitis C (Schedule 1, item 4). The Act imposes obligations on parties involved in the Highly Specialised Drugs program, including compliance with the authority requirements and prescription circumstances specified in the Instrument. Health professionals must adhere to these requirements when prescribing and supplying the listed drugs. Pharmaceutical companies must ensure that their products meet the criteria set forth in the amended Special Arrangement. Patients must meet the eligibility criteria and comply with the treatment protocols as prescribed by their healthcare providers. Failure to comply with the authority requirements and prescription circumstances outlined in the Instrument may result in legal consequences. While the specific offences and penalties are not detailed in the explanatory statement, non-compliance with regulations under the National Health Act 1953 can lead to civil or criminal penalties, including fines and imprisonment, depending on the severity of the breach. The exact penalties would be determined based on the specific provisions of the Act and any relevant subsidiary legislation.

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