{"id":"F2020L01038","name":"National Health (Chemotherapy Prescribing) Special Arrangement 2020","slug":"national-health-chemotherapy-prescribing-special-arrangement-2020","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":100433,"registerId":"commonwealth-F2020L01038-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name of Special Arrangement","content":"#### 1 Name of Special Arrangement\n\n  (1) This Special Arrangement is the National Health (Chemotherapy Prescribing) Special Arrangement 2020.\n  (2) This Special Arrangement may also be cited as PB 52 of 2020.","sortOrder":0},{"sectionNumber":"3","sectionType":"section","heading":"Authority","content":"#### 3 Authority\n\nThis instrument is made under subsection 100(1) of the National Health Act 1953.","sortOrder":1},{"sectionNumber":"4","sectionType":"section","heading":"Simplified outline of this instrument","content":"#### 4 Simplified outline of this instrument\n\nThis 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.\n\nThe 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.\n\n> 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).","sortOrder":2},{"sectionNumber":"5","sectionType":"section","heading":"Definitions","content":"#### 5 Definitions\n\n  In this Special Arrangement:\n\n> Act means the National Health Act 1953.\n\n> 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.\n\n> authority prescription has the meaning given by section 5 of the Regulations.\n\n> 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.\n\n> eligible private hospital patient means a person who:\n\n> (a) is, or is to be treated as, an eligible person; and\n\n> (b) is receiving treatment at or from a private hospital.\n\n> Note: Under subsection 4(1A) of the Act, the phrase eligible person has the same meaning as in the Health Insurance Act 1973.\n\n> eligible public hospital patient means a person who:\n\n> (a) is, or is to be treated as, an eligible person; and\n\n> (b) is receiving treatment at or from a public hospital as a non‑admitted patient, day admitted patient or patient on discharge.\n\n> Note: Under subsection 4(1A) of the Act, the phrase eligible person has the same meaning as in the Health Insurance Act 1973.\n\n> medication chart has a meaning affected by subsection 8(2).\n\n> participating hospital authority has the meaning given by the National Health (Efficient Funding of Chemotherapy) Special Arrangement 2024.\n\n> related pharmaceutical benefit has the meaning given by the National Health (Efficient Funding of Chemotherapy) Special Arrangement 2024.\n\n> Regulations means the National Health (Pharmaceutical Benefits) Regulations 2017.\n\n> 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:\n\n     approved hospital authority\n\n     approved pharmacist\n\n     approved supplier\n\n     Chief Executive Medicare\n\n     pharmaceutical benefit.","sortOrder":3},{"sectionNumber":"6","sectionType":"section","heading":"Pharmaceutical benefits covered by this Special Arrangement","content":"#### 6 Pharmaceutical benefits covered by this Special Arrangement\n\n(1) This Special Arrangement applies to a pharmaceutical benefit that is generally available for supply under Part VII of the Act.\n\n(2) A pharmaceutical benefit is generally available for supply under Part VII if:\n\n(a) it does not contain a drug that is subject to a declaration under subsection 85(2A) of the Act; and\n\n(b) it is not subject to a determination under paragraph 85(8)(a) of the Act; and\n\n(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.\n\n(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.","sortOrder":4},{"sectionNumber":"7","sectionType":"section","heading":"Application of Part VII of the Act","content":"#### 7 Application of Part VII of the Act\n\n(1) Each pharmaceutical benefit supplied in accordance with this Special Arrangement is supplied under Part VII of the Act.\n\n(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.\n\nNote: See subsection 100(3) of the Act.","sortOrder":5},{"sectionNumber":"8","sectionType":"section","heading":"Method of prescribing pharmaceutical benefits","content":"#### 8 Method of prescribing pharmaceutical benefits\n\n(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.\n\n(2) A medication chart referred to in subsection (1):\n\n(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\n\n(b) is taken to be a medication chart for the purposes of the Regulations despite paragraphs 41(4)(a) and (b) of the Regulations.\n\n(3) For an electronic medication chart prescription:\n\n(a) paragraph 41(2)(c) of the Regulations does not apply; and\n\n(b) the authorised prescriber must approve the prescription in the electronic system used to write the prescription; and\n\n(c) paragraph 104(3)(b) of the Regulations does not apply.","sortOrder":6},{"sectionNumber":"9","sectionType":"section","heading":"Variation of application of determination of maximum number of repeats or maximum number or quantity of units","content":"#### 9 Variation of application of determination of maximum number of repeats or maximum number or quantity of units\n\nSection 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.","sortOrder":7},{"sectionNumber":"10","sectionType":"section","heading":"Supply of pharmaceuticals under this Special Arrangement","content":"#### 10 Supply of pharmaceuticals under this Special Arrangement\n\n(1) A pharmaceutical benefit may be supplied under this Special Arrangement by:\n\n(a) a participating hospital authority to an eligible public hospital patient; or\n\n(b) an approved hospital authority for a private hospital to an eligible private hospital patient; or\n\n(c) an approved pharmacist to an eligible public hospital patient or eligible private hospital patient.\n\n(2) However, a participating hospital authority may not supply a related pharmaceutical benefit under this Special Arrangement.\n\n(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.\n\n(4) For a supply made on the basis of an electronic medication chart prescription:\n\n(a) paragraph 45(2)(c) of the Regulations does not apply; and\n\n(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\n\n(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.","sortOrder":8},{"sectionNumber":"11","sectionType":"section","heading":"Modified application of rules","content":"#### 11 Modified application of rules\n\nFor 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.","sortOrder":9}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose of enabling efficient prescribing of pharmaceutical benefits for chemotherapy patients through medication chart prescribing. It does not appear to have expanded beyond this specific administrative efficiency measure for cancer treatment settings."},"complexity_factors":["11 defined terms in section 5, with several terms inheriting meanings from external instruments (National Health (Efficient Funding of Chemotherapy) Special Arrangement 2024, National Health (Listing of Pharmaceutical Benefits) Instrument 2024, National Health (Pharmaceutical Benefits) Regulations 2017)","Multiple cross-references to external legislation: National Health Act 1953, Health Insurance Act 1973, National Health (Pharmaceutical Benefits) Regulations 2017, and the parallel Chemotherapy Special Arrangement 2024","Conditional exclusions in section 6(2) and (3) that limit which pharmaceutical benefits are covered based on declarations and determinations under the Act","Modification of existing regulatory provisions through \"as if\" clauses (sections 9 and 10(3)) that extend geographical/application scope (\"in or at\" expanded to include \"from\")","Nested exceptions: section 10(2) creates a specific exclusion preventing participating hospital authorities from supplying \"related pharmaceutical benefits\" under this arrangement","Technical modifications to prescription requirements (section 8) that override specific paragraphs of the Regulations"],"plain_english_summary":"This legislation creates a streamlined way for cancer patients to get their medications while undergoing chemotherapy treatment in hospitals.\n\n**What it does:**\nNormally, when a doctor prescribes medication under Australia's Pharmaceutical Benefits Scheme (PBS), there are strict rules about how prescriptions must be written and what forms must be used. This Special Arrangement allows doctors to prescribe certain supportive medications (like anti-nausea drugs or pain relief) on the **same medication chart** they use to prescribe chemotherapy drugs, rather than writing separate prescriptions.\n\n**Who it affects:**\n- **Cancer patients** receiving treatment at public or private hospitals\n- **Hospital doctors** prescribing chemotherapy and related medications\n- **Hospital pharmacies** and approved pharmacists who supply these medications\n\n**Why it matters:**\nChemotherapy treatment is complex and involves multiple medications. Without this arrangement, doctors would need to fill out separate paperwork for each drug, creating administrative burden and potential delays for patients. By allowing \"chart prescribing\" (writing prescriptions on a shared medication chart), the system becomes more efficient and convenient for both medical staff and patients receiving cancer treatment.\n\n**Key features:**\n- Applies to pharmaceutical benefits (subsidised medications) that are generally available under the PBS\n- Works alongside the separate \"Efficient Funding of Chemotherapy\" arrangement\n- Allows electronic medication charts to be used, not just paper\n- Modifies standard PBS rules about prescription forms and supply verification to accommodate hospital workflows"},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"This Special Arrangement changes the operational scope of Part VII pharmaceutical supply by allowing certain pharmaceutical benefits to be prescribed and supplied via a chemotherapy medication chart (section 8(1)), removing some formal prescription form requirements (section 8(2)), and treating an electronic medication chart prescription as a paper‑based prescription for specified purposes (section 11). It limits coverage to benefits \"generally available\" under Part VII and excludes benefits subject to certain statutory declarations or separate special arrangements (section 6). These changes adjust who may lawfully prescribe and supply covered items and the form and verification processes those actors must follow (sections 8 and 10)."},"complexity_factors":["Extensive cross‑references to other instruments and Regulations (e.g. National Health Act Part VII, National Health (Efficient Funding of Chemotherapy) Special Arrangement 2024, National Health (Listing of Pharmaceutical Benefits) Instrument 2024, and the National Health (Pharmaceutical Benefits) Regulations 2017) (see sections 3, 5, 7, and multiple later sections).","Conditional exclusions and narrowly defined scope — multiple statutory exceptions to which pharmaceutical benefits are covered (section 6).","Different operational rules depending on whether prescriptions are paper or electronic, with some regulatory requirements disapplied and new verification duties imposed (sections 8(2)–(3) and 10(4)).","Multiple supplier categories with an explicit negative exception (participating hospital authorities may not supply a related pharmaceutical benefit) requiring careful allocation of supply rights (section 10(1)–(2)).","Modifications to existing regulatory provisions and to the application of rules on repeats and unit limits, creating layered application of rules (section 9 and section 11).","Dependence on software/electronic system capabilities for lawful prescribing and verification increases practical implementation complexity (sections 8(3) and 10(4))."],"plain_english_summary":"This Special Arrangement lets authorised prescribers use the chemotherapy medication chart as the prescription for certain Pharmaceutical Benefits given with chemotherapy, and adjusts prescription and supply rules so those chart entries (including electronic approvals) count instead of separate approved forms. It affects authorised prescribers, participating/approved hospital authorities, approved pharmacists and eligible hospital patients. It matters because it streamlines paperwork around chemotherapy dosing but shifts compliance onto electronic approval/verification workflows and changes which providers may supply specific items."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/national-health-chemotherapy-prescribing-special-arrangement-2020","history":"/api/acts/national-health-chemotherapy-prescribing-special-arrangement-2020/history","analysis":"/api/acts/national-health-chemotherapy-prescribing-special-arrangement-2020/analysis","conflicts":"/api/acts/national-health-chemotherapy-prescribing-special-arrangement-2020/conflicts","importantCases":"/api/acts/national-health-chemotherapy-prescribing-special-arrangement-2020/important-cases","documents":"/api/acts/national-health-chemotherapy-prescribing-special-arrangement-2020/documents"}}