1National Health Act 1953 - Special Arrangements under subsection 100(1) - Chemotherapy Pharmaceuticals Access Program (No. PB 55 of 2009)

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Special Arrangements — Chemotherapy Pharmaceuticals Access Program
(PB 55 of 2009)

as amended

made under subsection 100(1) of the

National Health Act 1953

This compilation was prepared on 1 November 2010
taking into account amendments up to PB 105 of 2010

Prepared by the Office of Legislative Drafting and Publishing,
Attorney‑General’s Department, Canberra

Special Arrangements – Chemotherapy Pharmaceuticals Access Program
(PB 55 of 2009)

Commencement [see Note 1]

1. (a) These Arrangements commence on 1 July 2009.

(b) Instrument No. PB 121 of 2008 is repealed.

Definitions

2. In these Arrangements:

(a) unless the contrary intention appears, a word or phrase will be taken to have the same meaning as in the Act, the Regulations or a declaration, determination or other instrument made under Part VII of the Act or under the Regulations;

(b) “Act” means the National Health Act 1953;

(c) “brand” means the brand of a pharmaceutical item determined under subsection 85(6) of the Act; or if the chemotherapy pharmaceutical does not have a pharmaceutical item, the trade name under which it is supplied, or if there is no trade name, the name of the manufacturer of the chemotherapy pharmaceutical.

(d) “Medicare Australia CEO” means the Chief Executive Officer of Medicare Australia;

(e) “chemotherapy pharmaceutical” means a special pharmaceutical product in relation to which, by virtue of paragraphs 5, 8 and 12, these Arrangements apply;

(f) “Medicare Australia authority notification computer system” means a computer system operated by the Medicare Australia CEO for the purpose of receiving messages from medical practitioners and sending authorisations for supply of chemotherapy pharmaceuticals or refusals of such authorisations, having an electronic mail address approved by the Medicare Australia CEO;

(g) “hospital” means a public hospital, in respect of which an approved hospital authority is approved under section 94 of the Act, which is participating in a Pharmaceutical Reform Arrangement within the meaning of the National Healthcare Agreement;

(h) “medical practitioner” means a medical practitioner, within the meaning of the Health Insurance Act 1973, who is affiliated with the hospital in or at which the patient is receiving treatment;

(i) “patient” means a person receiving treatment as a non-admitted patient, a day admitted patient or a patient on discharge of the hospital of which the approved hospital authority is the governing body;