GPs urged to stay alert to medico-legal risks in ADHD prescribing
03 Jun 2026
ADHD is now estimated to affect more than one million Australians, with treatment rates increasing significantly over the past two decades. This growing demand is placing GPs at the centre of care, but also increasing medico-legal and regulatory risks.
Prescribing rules for ADHD medications vary across Australian states and territories and are changing rapidly. While some jurisdictions, including Queensland, New South Wales, Western Australia and the Australian Capital Territory, have expanded GP prescribing rights for psychostimulants, requirements remain inconsistent nationwide.
Medical indemnity experts warn that GPs must comply with both Pharmaceutical Benefits Scheme (PBS) rules and separate state and territory prescribing laws.
According to MIPS Chief Medical Officer Dr Owen Bradfield, meeting PBS requirements alone is not enough, and doctors must also follow local prescribing legislation.
Another key risk area is the use of real-time prescription monitoring systems. Clinicians are being reminded that relying only on alerts within electronic medical records is not sufficient, and that failure to directly check official monitoring databases may lead to regulatory action.
MIPS Medical Advisor Dr Dileni Fernando said non-compliance, even if unintentional, can still trigger formal investigations.
Telehealth prescribing adds further complexity, particularly when assessing mental health history and substance use risk, which are required in many jurisdictions before prescribing stimulant medications.
Interstate prescribing rules can also affect validity, depending on where the doctor, patient, and pharmacy are located.
The article also highlights that disputes between parents over ADHD treatment are common. Under Australian law, either parent may consent to treatment, but documented disagreement can increase medico-legal risk and may require early advice from indemnity providers.
MIPS advises clinicians to seek support early when uncertainty arises, particularly in complex prescribing situations.
GPs urged to stay alert to medico-legal risks in ADHD prescribing
Source: Sponsored content – MIPS