This content is part of a paid partnership with MIPS.
ADHD now affects more than one million Australians, costing the economy an estimated $20 billion annually.
Treatment rates have climbed elevenfold over the past two decades, from two per thousand Australians in 2000 to 22 per thousand 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.
Dr Owen Bradfield, Chief Medical Officer of MIPS, said: “There are both Commonwealth and state and territory prescribing requirements.
“Complying with your Pharmaceutical Benefits Scheme (PBS) obligations doesn’t cover your obligations under state and territory prescribing laws. You have to comply with both.”
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. 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.
RELATED: How the WA GP ADHD training program will work
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.
MIPS is a member-owned mutual that exists to support healthcare professionals across Australia with comprehensive medical indemnity protection.
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