Medicines and Poisons (Monitored Medicines Database Testing) Regulation 2020

1Short title

This regulation may be cited as the Medicines and Poisons (Monitored Medicines Database Testing) Regulation 2020.

2Commencement

This regulation commences on 1 May 2020.

3Purpose

The purpose of this regulation is to facilitate the establishment and testing of the monitored medicines database using information given and recorded under the Health Act 1937.

4Definitions

In this regulation—

authority see the Health (Drugs and Poisons) Regulation 1996, appendix 9.

controlled drug see the Health (Drugs and Poisons) Regulation 1996, appendix 9.

dispenser see the Health (Drugs and Poisons) Regulation 1996, appendix 9.

monitored medicine treatment activity means an activity—

(a)performed by the holder of an authority or a relevant approval; and

(b)equivalent to prescribing or supplying a monitored medicine for the treatment of a person.

opioid treatment program means a program carried out in Queensland under the National Health Act 1953 (Cwlth), section 100 for the treatment of persons who are dependent on opioids, including a program that was in effect before the commencement.

prescriber see the Health (Drugs and Poisons) Regulation 1996, appendix 9.

relevant approval means—

(a)an approval mentioned in the Health (Drugs and Poisons) Regulation 1996, section 78(1)(a), if the approval is given for the treatment of a particular person; or

(b)an approval given under the Health (Drugs and Poisons) Regulation 1996, section 122, if the approval is given for the treatment of a class of persons.

5Monitored medicines—Act, sch 1

For schedule 1 of the Act, definition monitored medicine, a controlled drug is prescribed to be a monitored medicine.

6Departmental information for database—Act, s 225

(1)For section 225(1) of the Act, the following information is prescribed—

(a)relevant health information that—

(i)is given to, or recorded by or on behalf of, the chief executive under the Health Act 1937 on or after the commencement; and

(ii)is kept electronically by the chief executive;

(b)relevant registration information for a monitored medicine treatment activity performed under an opioid treatment program that—

(i)was given to, or recorded by or on behalf of, the chief executive under the Health Act 1937 at any time before the commencement; and

(ii)is kept electronically by the chief executive.

(2)In this section—

relevant health information means the following information—

(a)information in relation to a monitored medicine treatment activity;

(b)information in relation to a relevant approval;

(c)information kept, from time to time, on a register under the Health Practitioner Regulation National Law for a prescriber or dispenser who holds an authority or a relevant approval;

(d)personal information to identify a prescriber or dispenser for accessing or using the monitored medicines database;

(e)information recorded in relation to a prescriber’s or dispenser’s access to, or use of, the monitored medicines database.

relevant registration information, for a monitored medicine treatment activity performed under an opioid treatment program, means information about the registration of particular persons in the program.

7Users of database—Act, s 227

For section 227(4) of the Act, definition user, each of the following entities is prescribed to be a user—

(a)a prescriber;

(b)a dispenser;

(c)a person employed by the chief executive.

8Purposes for disclosure—Act, s 227

For section 227(2) of the Act, each of the following purposes is prescribed—

(a)for a user who is a prescriber or dispenser—testing the monitored medicines database;

(b)for a user who is a person employed by the chief executive—establishing or testing the monitored medicines database, including training about using the database.