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Navigating the medico-legal risks of ADHD prescribing
SPONSORED: GPs are increasingly at the frontline of treatment. Amid rapidly changing prescribing laws, MIPS breaks down the risks.
MIPS breaks down the key risks and how to stay on the right side of them.
ADHD now affects more than one million Australians, costing the economy an estimated $20 billion annually.
At the same time, treatment rates have climbed 11-fold over the past two decades, from 2 per 1000 Australians in 2000, to 22 per 1000 in 2024–25.
For GPs, this growth brings real opportunity to support patients and real medico-legal complexity to navigate.
Prescribing laws across states and territories are evolving rapidly, and the rules differ substantially between jurisdictions.
Recent reforms in Queensland, New South Wales, Western Australia and the Australian Capital Territory have expanded GPs’ ability to initiate or continue psychostimulant treatment, but similar rules do not exist outside of these jurisdictions.
In addition, ‘there are Commonwealth, state and territory prescribing requirements’, explains Dr Owen Bradfield, Chief Medical Officer of MIPS.
‘Complying with your Pharmaceutical Benefits Scheme obligations doesn’t cover your obligations under state and territory prescribing laws. You have to comply with both,’ he said.
Don’t overlook the database
Among the most common causes of regulatory investigations is failing to check the real-time prescription monitoring database before prescribing, often due to a simple misunderstanding.
‘Many practitioners erroneously believe that viewing a red or amber alert in their local Electronic Medical Record (EMR) is sufficient to check the database,’ says Dr Dileni Fernando, GP and MIPS Medical Advisor.
‘It is not,’ she explained. ‘State and territory health departments actively monitor whether prescribers have logged in directly.’
A pattern of non-compliance, even unintentional, can trigger a formal investigation.
Telehealth adds another layer
Prescribing psychostimulants via telehealth raises its own challenges.
Beyond the Medical Board of Australia’s requirement to consider whether a virtual assessment meets the appropriate standard of care, there is a practical question of whether it can adequately assess mental health and substance use history, a prerequisite in most jurisdictions before prescribing to patients who may be drug dependent.
Interstate telehealth prescribing adds further complexity.
A prescription may not be valid unless the prescriber meets the requirements of every jurisdiction involved: where the practitioner is located, where the patient is, and where the prescription will be dispensed.
When parents disagree
Parental disagreement over ADHD treatment is one of the most frequent calls to the MIPS Medico-Legal Advisory Service.
Under the Family Law Act, either parent can consent to treatment, but where a practitioner has actual knowledge that one parent objects, the risk of a complaint rises significantly. In these situations, calling MIPS early is the best first step.
Protection built for your practice
When ADHD prescribing involves evolving legislation and complex clinical scenarios, you need indemnity insurance that works as hard as you do:
- Comprehensive indemnity insurance cover of up to $20 million
- 24/7 medico-legal support and advice
- Accredited risk management and education resources including webinars, available on demand
Visit the
MIPS website for a quote today.
About MIPS
MIPS is a member-owned mutual that exists to support healthcare professionals across Australia with comprehensive medical indemnity protection.
Disclaimer:
Medical Indemnity Protection Society ABN 64 007 067 281 | AFSL 301912
All information on this page is of a general nature only and is not intended to be relied upon as, nor to be a substitute for, specific legal or other professional advice. No responsibility for the loss occasioned to any person acting on or refraining from action as a result of any material published can or will be accepted by MIPS.
You should seek legal or other professional advice before relying on any content, and practise proper clinical decision making with regard to the individual circumstances.
Information is only current at the date initially published.
If in doubt, contact our claims and 24-hour medico-legal advice and support team on 1300 698 573.
You should consider the appropriateness of the information and read the Member Handbook, Combined PDS and FSG before making a decision on whether to join MIPS.
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