Medicines and Poisons Bill 2019
Plain English Summary
Overview
This bill repeals Queensland's 80-year-old medicines and poisons laws and replaces them with a single modern framework. It streamlines licensing for businesses that manufacture, wholesale or sell medicines and poisons, introduces real-time monitoring of prescriptions for opioids and other dependence-forming drugs, and makes it easier for GPs to prescribe medicinal cannabis.
Who it affects
Doctors, pharmacists, nurses, pest management operators, manufacturers, wholesalers, hospitals, aged care facilities, schools, primary producers and researchers are all affected. Patients benefit from safer prescribing through real-time monitoring, while businesses benefit from reduced duplication and simpler licensing.
Key changes
- Real-time prescription monitoring database requires doctors and pharmacists to check a patient's prescription history before prescribing or dispensing opioids and other dependence-forming medicines
- GPs can prescribe medicinal cannabis without needing separate Queensland Health approval, removing duplication with the Commonwealth process
- Manufacturers and wholesalers can hold a single licence for multiple sites instead of needing separate licences for each location
- Commonwealth manufacturing licences are recognised in Queensland, eliminating the need for a duplicate state licence
- Hospitals, pharmacies, aged care facilities and schools must develop substance management plans to manage risks with regulated substances
- New emergency powers allow the chief executive to quickly restrict unscheduled substances that pose health risks and order product recalls
- More than 50 separate offences are consolidated into a simplified set of provisions, with penalties up to 750 penalty units for the most serious offences
- No new or increased fees — the existing fee structure is translated into the new framework
Bill Story
The journey of this bill through Parliament, including debate and recorded votes.
▸Committee14 May 2019View Hansard
Referred to Health, Communities, Disability Services and Domestic and Family Violence Prevention Committee
The State Development, Natural Resources and Agricultural Industry Development Committee examined the Medicines and Poisons Bill 2019 over approximately two months, receiving 25 written submissions, holding a public departmental briefing, and conducting a public hearing with stakeholders. The committee recommended the bill be passed, while making nine additional recommendations addressing substance management plans, real-time prescription monitoring, rural sector engagement, and the substance authority register. Non-government members filed a Statement of Reservation expressing concerns about the amount of regulatory detail still to be finalised.
Key findings (5)
- Stakeholders were generally supportive of modernising Queensland's medicines and poisons framework, which was based on the outdated Health Act 1937.
- The Queensland Nurses and Midwives' Union raised serious concerns about unregistered aged care workers administering medications to frail or cognitively impaired older Australians.
- The rural and agricultural sector expressed uncertainty about new substance management plan requirements, training and competency standards, and the practical challenges of accessing training in remote areas.
- Strong support was expressed for real-time prescription monitoring to address rising prescription opioid misuse and deaths, though concerns were raised about clinical workflow impacts and the need for cross-jurisdictional data sharing.
- Privacy and security concerns were raised about the proposed public register of Schedule 7 poisons held on private rural properties, particularly given the risk of illegal protest activity by animal activists.
Recommendations (10)
- The committee recommends the Medicines and Poisons Bill 2019 be passed.
- The committee recommends that Queensland Health consult further with local governments to clarify the requirements to develop a substance management plan.
- The committee recommends that in his second reading speech, the Minister for Health report on the development and roll out of Queensland Health's comprehensive communications strategy, templates and sample substance management plans for different categories of entities, and its ongoing information campaign.
- The committee recommends that, in his second reading speech, the Minister for Health outline how Queensland Health will ensure oversight and compliance of all made substance management plans.
- The committee recommends that Queensland Health liaise with peak rural and agriculture industry bodies and regional local governments to run an extensive awareness campaign on the new regulatory approach to pest management and poisons.
- The committee recommends that Queensland Health liaise with the rural sector, agriculture industry bodies and regional local governments to develop tailored guidance and education material on training and competency requirements to meet the new departmental standards on pest management and poisons.
- The committee recommends that, in his second reading speech, the Minister for Health outline measures to ensure that the rural sector has sufficient time to comply with new departmental standards in regard to pest management and poisons.
- The committee recommends the establishment of a real-time prescription monitoring system across all Queensland's hospitals should be a matter of priority, and the Minister for Health address this in his second reading speech.
- The committee recommends that, in his second reading speech, the Minister for Health provide an update on cross-jurisdictional data sharing arrangements in relation to a national real-time monitoring prescription database.
- The committee recommends that, in his second reading speech, the Minister for Health address the need for publication of S7 poisons held on private rural properties in the substance authority register.
Committee report tabled
▸Second Reading4 Sept 2019View Hansard
▸19 members spoke16 support3 mixed
Stated the LNP would not oppose the bill but raised concerns about incomplete subordinate legislation and standards requiring more detail, while supporting real-time prescription monitoring and medicinal cannabis provisions.
“At the outset I note that, while the Liberal National Party will not oppose the bill, a number of concerns raised by stakeholders warrant the further attention of the House.”— 2019-09-17View Hansard
As Health Minister, moved the second reading and defended the bills as modernising an outdated regulatory framework, introducing real-time prescription monitoring and streamlining medicinal cannabis prescriptions.
“Queensland needs laws that are easier for industry to understand and apply. We need laws that are flexible and futureproof.”— 2019-09-04View Hansard
Strongly supported the bill, particularly real-time prescription monitoring provisions, highlighting the overdose crisis and the need for drug treatment services in regional Queensland.
“I am particularly supportive of the provisions of this bill relating to real-time prescription monitoring.”— 2019-09-17View Hansard
Stated the LNP will not oppose the bill, supported real-time prescription monitoring, but raised concerns about lack of detail in regulations, substance management plan oversight, public register of schedule 7 poisons on rural properties, and dual licensing burden on pest management businesses.
“The LNP supports the introduction of real-time prescription monitoring and we implore the government to work with doctors and pharmacists to get these changes right.”— 2019-09-04View Hansard
Supported the bill, particularly the streamlined medicinal cannabis prescribing provisions and real-time prescription monitoring, while noting concerns about the public register for poisons.
“The KAP supports and will continue to support the growing of medicinal cannabis in Queensland.”— 2019-09-17View Hansard
As committee chair, welcomed the minister's response to committee recommendations, highlighted the importance of real-time prescription monitoring for preventing doctor shopping, and shared personal stories about the impact of prescription drug addiction and the benefits of medicinal cannabis.
“I have thought about this: maybe if we had this monitoring system, she would still be alive today. That is something that I will never know.”— 2019-09-04View Hansard
Supported both bills as modernising the regulation of medicines and poisons in Queensland, detailing the new regulatory framework and its objectives.
“A new regulatory framework is needed to modernise and streamline the regulation of medicines and poisons, ensuring the requirements are easier for industry and the community to understand and apply in practice.”— 2019-09-17View Hansard
Focused on the importance of real-time prescription monitoring, noting evidence of widespread opioid misuse and supporting the committee's recommendation to extend monitoring to hospital emergency departments as a priority.
“There is concrete evidence that there has been access of an enormous number of scripts by a person resulting in that person's death.”— 2019-09-04View Hansard
Would not oppose the bills but highlighted concerns about dual licensing for pest management, regulatory overburden on primary producers, and the public register of schedule 7 poisons.
“While the government's proposal is a good start, it is far from perfect. It is imperative that those opposite continue to work with stakeholders to get this right.”— 2019-09-17View Hansard
Focused on the bill's streamlining of medicinal cannabis prescriptions, sharing detailed case studies of epilepsy patients who could benefit from simplified access to medicinal cannabis through their GP.
“Medicinal cannabis will not cure their epilepsy, but it does give them some prospect of relief from this debilitating condition.”— 2019-09-04View Hansard
Supported the bill, particularly the streamlined medicinal cannabis prescribing provisions, and highlighted the growing medicinal cannabis industry in his electorate.
“In creating a new regulatory framework it, amongst other things, provides greater assurance to the community that the medicines, poisons and therapeutic goods they use are regulated by a modern, outcomes focused framework that enhances public safety.”— 2019-09-17View Hansard
As a former police officer, shared personal experiences of prescription drug addiction and overdose deaths, supporting the modernisation of legislation and real-time prescription monitoring safeguards.
“Modernisation of the legislation is important and it is supported by the LNP.”— 2019-09-04View Hansard
Would not oppose the bills but raised concerns about incomplete regulatory detail, the exclusion of hospitals from real-time prescription monitoring, dual licensing for pest management, and the public register of schedule 7 poisons.
“Given Queensland Health's history in relation to the implementation of IT projects, I suggest that their concerns are warranted and the implementation time frames outlined by the Chief Health Officer are cause for concern.”— 2019-09-17View Hansard
Focused on the importance of real-time prescription monitoring, citing statistics on rising opioid hospitalisations and deaths, and noting that opioids account for more drug-induced deaths than all other drugs combined.
“In 2016, opioid deaths accounted for 62 per cent of all drug induced deaths in this country. That is not only more than any other drug; it is also more than every other drug combined.”— 2019-09-04View Hansard
Briefly supported the prescription monitoring scheme, noting privacy concerns and the need for proper resourcing, before debate was cut short by the business program.
“I note first of all that privacy concerns will necessarily arise from a monitoring system like this.”— 2019-09-17View Hansard
As a committee member, confirmed the LNP supports the bill while noting concerns about incomplete elements, substance management plan detail, and the need for cross-border system integration for prescription monitoring.
“At the outset I make my position clear: the LNP will support the passing of this bill, but we do believe that a number of issues need to be addressed.”— 2019-09-04View Hansard
As Health Committee chair, supported the bill's modernisation of the 1937 Health Act, highlighting real-time prescription monitoring for aged care, streamlined medicinal cannabis prescriptions, and the Therapeutic Goods Bill's national consistency benefits.
“This act has been on the books since before any of the current serving MPs were born.”— 2019-09-04View Hansard
Did not oppose the bill but raised concerns about impact on rural businesses, training costs, and urged caution about the public register of schedule 7 poisons on private rural properties given rising animal activist protests.
“I do not oppose the bill.”— 2019-09-04View Hansard
As a nurse, focused on the importance of competencies and accountabilities for medication administration, raised concerns about extending medication management to unlicensed aged care workers, and supported the bill overall.
“I support the bill. This legislation is centrally important to nurses, to doctors and to pharmacists, but most important of all it is particularly important to the patients whom we care for.”— 2019-09-04View Hansard