By Geoff Bloom, Partner, Bonnie Liu, Associate, Anna Massasso, Paralegal, Dr. Teresa Nicoletti, Partner, Julian Grover, Partner, and Meghan Carruthers, Special Counsel.
| In brief
Consultation on mandatory sharing: Proposal to extend “Share by Default” rules so online prescribing services must upload medicines information to My Health Record; submissions close 7 July 2026. Driver – fragmented care and risk: Growth in episodic, direct‑to‑consumer prescribing has fragmented medicines data, increasing safety risks (e.g. GLP‑1s, opioids, medicinal cannabis). Scope of requirements: “online prescribing services” (OPS) would share prescribing/dispensing data for prescription medicines (S4–S8), subject to exceptions (e.g. opt‑out, technical issues), with input sought on scope, safeguards and privacy. Implementation timing: Builds on 2025 reforms (default sharing of pathology/imaging records from 1 July 2026), with intent to finalise in 2026 and commence in 2027. |
The Department of Health and Aged Care (Department) has recently opened consultation on the development of new requirements for online prescribing services, such as telehealth and digital health clinics, to share medicines information to My Health Record (MHR), Australia’s national health record system. The consultation paper Online Prescribing Services: Sharing medicines-related information to My Health Record by Default (Consultation) aims to gain public feedback on the proposed changes, and closes on 7 July 2026.
The Consultation proposes new MHR information sharing requirements that will apply to prescribing information generated by OPS. OPS are businesses that operate exclusively through live calls or video calls, as well as asynchronous healthcare where a form may be completed. These often take the model of “direct-to-consumer” care, where the consumer initiates the service, predominantly virtual services are provided, public funding or rebates are not a main feature, and there is generally no pre-existing or ongoing relationship between the health practitioner and the consumer. These “direct-to-consumer” models of care typically are accessed separately from the patient’s usual general practitioner.
The proposed reforms have been introduced to address concerns that the healthcare and medicines information is becoming increasingly fragmented, a concern which is being exacerbated by newer online prescribing and direct-to-consumer models that largely involve limited or episodic patient-provider relationships and consultations which are not conducted in real-time. While the rise of OPS has made patient access to healthcare more convenient, there are concerns that such services do not adequately support continuity of patient care and that key medicines information generated out of those services are not being consistently shared or made visible across all healthcare providers.
The Consultation suggests that OPS that offer services related to higher-risk medicines require more consistent medicines-related information sharing. A key example is the proliferation of OPS that provide access to popular weight-loss medicines, such as GLP-1 medicines (i.e. Ozempic/Wegovy) potentially increasing surgery risks, as the use of those drugs causes the stomach to empty at a slower rate, which may cause complications when a person is placed under anaesthesia. These risks highlight the clinical importance of consistent disclosure of medicines use. Prescription medicinal cannabis was flagged as another example where incomplete medicines information can result in increased risk and safety issues.
The Consultation notes that medication-related harm costs the healthcare system upwards of 1.4 billion annually and results in 250,000 hospitalisations and 400,000 presentations to emergency departments.[1] This involves errors, inappropriate medication use, misadventure and adverse drug reactions; however it is estimated roughly half of this is preventable. Furthermore, 85% of medication errors can be attributed to medication history information. These concerns have prompted the need for Sharing by Default reforms.
The Consultation follows previous reforms enacted under the Health Legislation Amendment (Moderning My Health Record -Share by Default Act) 2025 (Cth), which created a legislative framework for requiring key information to be shared with the My Health Records system, and the My Health Records – Share By Default Rules 2025 (Cth), which from 1 July 2026 will require pathology and diagnostic imaging providers to share results to My Health Record (unless a relevant exception applies).
The Department is proposing to extend the My Health Record Sharing by Default Rules (Sharing By Default Rules) to online prescribing services. That will require such providers to share medicines-related information to My Health Record, subject to existing privacy protections and individual controls. Under the Sharing By Default Rules, OPS providers must share medicines information to My Health Record, unless a relevant exception applies (such as, for example, where there are technical difficulties, or a patient opts not to share the information to MHR).
“Medicines information”, as currently defined in the Consultation, includes prescribing information and dispensing information (such as the name of the medicine prescribed, strength, dosage instructions, repeats, date dispensed, etc). It is proposed that information will be shared for medicines that can only been obtained via prescription (Schedule 4 to 8 drugs), with a particular focus on antibiotics, contraceptives, and high-risk medications such as opiate analgesics, psychostimulants, and medicinal cannabis. At this stage, it is not anticipated that the sharing of information regarding over-the-counter medications will be mandatory.
The intention of the Consultation is the determine key details for the reforms, including (amongst other things):
The focus of the Consultation is currently limited to online prescribing services that operate solely or predominantly through telehealth or digital health platforms. Services combining face to face and online care are currently out of scope, although there is potential for requirements to be introduced to such services in the future.
The consultation is now open for submissions and closes on 7 July 2026, with the Government indicating an intention for the requirements to be in place by the end of 2026, and to come into effect in 2027 (subject to outcomes from consultation and implementation considerations).
Telehealth and other digital health providers impacted by the rules should consider the proposed changes and the readiness of their business to support mandatory sharing of information to My Health Record. Those with concerns regarding the implementation of the rules should consider making a submission.
If you would like further information or have any queries regarding other matters, please do not hesitate to contact:
