SUMMARY - Safe Medications Management project: Key issues and ...

2. Literature review of key documents2.1. Legislative FrameworkThe National Competition Policy Review of Drugs, Poisons and Controlled Substances LegislationReport (The Report) was presented to the Australian Health Ministers Conference (AHMC) inJanuary 2001 with 27 recommendations. The Chair of the Review, Rhonda Galbally, wrote in thecovering letter to the Report that,“Despite differences in demographics across the States and Territories, Australia is increasinglybecoming a single market and national uniformity is a recurring issue. In this report, Irecommend the development and adoption by reference of model medicines and poisonslegislation in order to achieve uniformity. I accept that this may not be supported by alljurisdictions; however, I think that one of the purposes of the Review is to set some benchmarkstowards a nationally uniform system of regulation. I hope that you will give seriousconsideration to the adoption of model legislation, and alternatively, I challenge you to worktowards national uniformity following another path.” 3The Report recognised the importance of the close relationship between drugs and poisonslegislation and legislation regulating professional practice. It confirmed that comprehensivelegislation to regulate drugs and poisons was still required. Recommendation No. 24 specificallyrecommended that uniform national model legislation be developed and adopted.Whilst all States and Territories supported the concept of uniformity, the Report noted thatcurrent drugs and poisons legislation is complimented by other legislation and may not bepossible. Some states and territories (QLD, NT, WA) proposed alternative strategies to achieve thesame outcome.The Report also urged professional registration boards to consider options for improvingeffectiveness of their legislation to achieve compliance. Recommendation No. 27 specified that insome cases it might be appropriate for professional practice legislation to deem certain breachesof drugs and poisons legislation as professional misconduct. This matter is now under thejurisdiction of the Australian Health Practitioner Regulation Agency, (AHPRA). The Working Part ofAHMC accepted the recommendations and undertook further consultation, but was unsuccessfulin gaining uniformity of legislation Other means to achieve uniformity are being investigated - thestatus of this work is not known.Appendix A provides a list of all relevant legislation on Medicare, drugs, poisons and health.2.1.1. Australian Government LegislationThe three major pieces of national legislation which provide a framework for medicationmanagement and older people are: The National Health Act 1953, The Aged Care Act 1997; and The Therapeutic Goods Act 1989.3 National Competition Policy Review of Drugs, Poisons and Controlled Substances LegislationReport 20009