PB 32 of 2020
National Health (Pharmaceutical Benefits) Legislation Amendment (Continuing Treatment during Coronavirus Pandemic) Instrument 2020
I, Thea Daniel, as delegate of the Minister for Health, make the following instrument.
Dated 29 April 2020
Thea Daniel
Assistant Secretary
Pricing and PBS Policy Branch
Technology Assessment and Access Division
Department of Health
Contents
1 Name
2 Commencement
3 Authority
4 Schedules
Schedule 1—Amendments
Part 1—Amendments of main listing instrument
National Health (Listing of Pharmaceutical Benefits) Instrument 2012 (PB 71 of 2012)
Part 2—Amendments of special arrangement
National Health (Highly specialised drugs program) Special Arrangement 2010 (PB 116 of 2010)
(1) This instrument is the National Health (Pharmaceutical Benefits) Legislation Amendment (Continuing Treatment during Coronavirus Pandemic) Instrument 2020.
(2) This instrument may also be cited as PB 32 of 2020.
(1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Commencement information | ||
Column 1 | Column 2 | Column 3 |
Provisions | Commencement | Date/Details |
1. The whole of this instrument | 1 May 2020. | 1 May 2020 |
Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.
(2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.
This instrument is made under the following:
(a) subsection 85(7) of the National Health Act 1953;
(b) subsection 100(2) of the National Health Act 1953.
Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.
Part 1—Amendments of main listing instrument
National Health (Listing of Pharmaceutical Benefits) Instrument 2012 (PB 71 of 2012)
1 After subsection 10(3)
Insert:
(3A) Subsection (3) has effect subject to section 10A (which temporarily modifies the circumstances mentioned in Part 1 of Schedule 4 for circumstances codes for pharmaceutical benefits that are pharmaceutical items described in Schedule 6).
2 After section 10
Insert:
10A Modified prescription circumstances during COVID‑19 pandemic
(1) This section affects the circumstances in which a prescription may be written by an authorised prescriber for the supply of a pharmaceutical benefit that is a listed brand of a pharmaceutical item described in Schedule 6 to a person (the patient) if the authorised prescriber is satisfied the patient has, in accordance with Part VII of the Act, already been supplied with the benefit on the basis of a prescription written in circumstances determined by subsection 10(3) unaffected by this section.
(2) For the purposes of subsection 10(3), Part 1 of Schedule 4 has effect as if each circumstances code for the pharmaceutical benefit:
(a) did not mention any circumstance that, having regard to the patient’s situation and the state of affairs associated with precautions against the spread of the coronavirus known as COVID‑19, it is not reasonably practicable to establish in relation to the patient; and
(b) mentioned the circumstance that the authorised prescriber keeps a written record of the reason it is not practicable to establish the circumstance described in paragraph (a).
(3) This section, subsection 10(3A) and Schedule 6 are repealed at the start of 1 October 2020.
3 At the end of the instrument
Add:
Schedule 6—Pharmaceutical items with modified prescription circumstances during COVID‑19 pandemic
Note: See section 10A.
Part 2—Amendments of special arrangement
National Health (Highly specialised drugs program) Special Arrangement 2010 (PB 116 of 2010)
4 At the end of section 9
Add:
(3) This section has effect subject to section 9AA (which temporarily modifies the circumstances mentioned in Schedule 3 for circumstances codes for HSD pharmaceutical benefits that are pharmaceutical items described in Schedule 5).
5 After section 9
Insert:
9AA Modified prescription circumstances during COVID‑19 pandemic
(1) This section affects the circumstances in which a prescription may be written by an authorised prescriber for the supply of an HSD pharmaceutical benefit that is a listed brand of a pharmaceutical item described in Schedule 5 to a person (the patient) if the authorised prescriber is satisfied the patient has, in accordance with this Special Arrangement, already been supplied with the benefit on the basis of a prescription written in circumstances determined by subsection 9(1) unaffected by this section.
(2) For the purposes of subsection 9(1), Schedule 3 has effect as if each circumstances code for the HSD pharmaceutical benefit:
(a) did not mention any circumstance that, having regard to the patient’s situation and the state of affairs associated with precautions against the spread of the coronavirus known as COVID‑19, it is not reasonably practicable to establish in relation to the patient; and
(b) mentioned the circumstance that the authorised prescriber keeps a written record of the reason it is not practicable to establish the circumstance described in paragraph (a).
(3) This section, subsection 9(3) and Schedule 5 are repealed at the start of 1 October 2020.
6 At the end of the instrument
Add:
Schedule 5—HSD pharmaceutical benefits with modified prescription circumstances during COVID‑19 pandemic
Note: See section 9AA.
Pharmaceutical items with modified prescription circumstances during COVID‑19 pandemic | |||
Item | Column 1 | Column 2 | Column 3 |
1 | Abatacept | Powder for I.V. infusion 250 mg | Injection |
2 | Adalimumab | Injection 20 mg in 0.4 mL pre‑filled syringe | Injection |
3 | Adalimumab | Injection 40 mg in 0.8 mL pre‑filled syringe | Injection |
4 | Adalimumab | Injection 40 mg in 0.8 mL pre‑filled pen | Injection |
5 | Ambrisentan | Tablet 5 mg | Oral |
6 | Ambrisentan | Tablet 10 mg | Oral |
7 | Benralizumab | Injection 30 mg in 1 mL single dose pre‑filled syringe | Injection |
8 | Benralizumab | Injection 30 mg in 1 mL single dose pre‑filled pen | Injection |
9 | Bosentan | Tablet 62.5 mg (as monohydrate) | Oral |
10 | Bosentan | Tablet 125 mg (as monohydrate) | Oral |
11 | Dornase alfa | Solution for inhalation 2.5 mg (2,500 units) in 2.5 mL | Inhalation |
12 | Epoprostenol | Powder for I.V. infusion 500 micrograms (as sodium) | Injection |
13 | Epoprostenol | Powder for I.V. infusion 500 micrograms (as sodium) with 2 vials diluent 50 mL | Injection |
14 | Epoprostenol | Powder for I.V. infusion 1.5 mg (as sodium) | Injection |
15 | Epoprostenol | Powder for I.V. infusion 1.5 mg (as sodium) with 2 vials diluent 50 mL | Injection |
16 | Etanercept | Injection set containing 4 vials powder for injection 25 mg and 4 pre‑filled syringes solvent 1 mL | Injection |
17 | Etanercept | Injection 50 mg in 1 mL single use auto‑injector, 4 | Injection |
18 | Etanercept | Injections 50 mg in 1 mL single use pre‑filled syringes, 4 | Injection |
19 | Iloprost | Solution for inhalation 20 micrograms (as trometamol) in 2 mL | Inhalation |
20 | Infliximab | Powder for I.V. infusion 100 mg | Injection |
21 | Ivacaftor | Sachet containing granules 50 mg | Oral |
22 | Ivacaftor | Sachet containing granules 75 mg | Oral |
23 | Ivacaftor | Tablet 150 mg | Oral |
24 | Lenalidomide | Capsule 5 mg | Oral |
25 | Lenalidomide | Capsule 10 mg | Oral |
26 | Lenalidomide | Capsule 15 mg | Oral |
27 | Lenalidomide | Capsule 25 mg | Oral |
28 | Lumacaftor with ivacaftor | Sachet containing granules, lumacaftor 100 mg and ivacaftor 125 mg | Oral |
29 | Lumacaftor with ivacaftor | Sachet containing granules, lumacaftor 150 mg and ivacaftor 188 mg | Oral |
30 | Lumacaftor with ivacaftor | Tablet containing lumacaftor 100 mg with ivacaftor 125 mg | Oral |
31 | Lumacaftor with ivacaftor | Tablet containing lumacaftor 200 mg with ivacaftor 125 mg | Oral |
32 | Macitentan | Tablet 10 mg | Oral |
33 | Mannitol | Pack containing 280 capsules containing powder for inhalation 40 mg and 2 inhalers | Inhalation by mouth |
34 | Mepolizumab | Powder for injection 100 mg | Injection |
35 | Omalizumab | Injection 75 mg in 0.5 mL single dose pre‑filled syringe | Injection |
36 | Omalizumab | Injection 150 mg in 1 mL single dose pre‑filled syringe | Injection |
37 | Pomalidomide | Capsule 3 mg | Oral |
38 | Pomalidomide | Capsule 4 mg | Oral |
39 | Riociguat | Tablet 500 micrograms | Oral |
40 | Riociguat | Tablet 1 mg | Oral |
41 | Riociguat | Tablet 1.5 mg | Oral |
42 | Riociguat | Tablet 2 mg | Oral |
43 | Riociguat | Tablet 2.5 mg | Oral |
44 | Rituximab | Solution for I.V. infusion 500 mg in 50 mL | Injection |
45 | Sildenafil | Tablet 20 mg (as citrate) | Oral |
46 | Tadalafil | Tablet 20 mg | Oral |
47 | Tezacaftor with ivacaftor and ivacaftor | Pack containing 28 tablets tezacaftor 100 mg with ivacaftor 150 mg and 28 tablets ivacaftor 150 mg | Oral |
48 | Tocilizumab | Concentrate for injection 80 mg in 4 mL | Injection |
49 | Tocilizumab | Concentrate for injection 200 mg in 10 mL | Injection |
50 | Tocilizumab | Concentrate for injection 400 mg in 20 mL | Injection |
51 | Ustekinumab | Solution for I.V. infusion 130 mg in 26 mL | Injection |
52 | Vedolizumab | Powder for injection 300 mg | Injection |