1National Health Act 1953 - Special Arrangements under section 100(1) - Highly Specialised Drugs Program (No. PB 92 of 2007)

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Special Arrangements — highly specialised drugs program (PB 92 of 2007)

as amended

made under subsection 100(1) of the

National Health Act 1953

This compilation was prepared on 31 July 2008
taking into account amendments up to PB 72 of 2008

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

Special Arrangements – highly specialised drugs program (PB 92 of 2007)

Commencement [see Note 1]

1. (a) These Arrangements commence on 1 December 2007.

(b) Instrument No. PB 53 of 2007 is repealed.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 where the highly specialised drug 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 highly specialised drug;

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

(e) “details of the prescription”, for the purpose of subparagraph 11(b), means:

(i) all matters included in the prescription completed by the medical practitioner in accordance with subparagraph 11(a); and

(ii) the proposed duration of treatment for which authority is sought by the medical practitioner; and

(iii) the provider number of the hospital with which the medical practitioner is affiliated;

(f) “highly specialised drug” means a special pharmaceutical product in relation to which, by virtue of paragraphs 4, 7 and 9, these Arrangements apply;

(g) “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 and is:

(i) a staff hospital specialist; or

(ii) a visiting or consulting specialist of the hospital; or

(iii) providing maintenance therapy in a situation where it is impractical to obtain a prescription from, and with the agreement of, a medical practitioner referred to in subsubparagraph (i) or (ii); or