38EAccess, use and disclosure of information in monitored medicines database

### 38E Access, use and disclosure of information in monitored medicines database > [*\[Section 38E of Part III Inserted by No. 21 of 2021, s. 7, Applied:17 Dec 2021\]*](/view/html/inforce/2021-12-17/act-2021-021#GS7@EN) > > > (1)  A prescriber may access, use and disclose information in the monitored medicines database – > > > > > > (a) for the purpose of providing information to the monitored medicines database in accordance with this Act or the regulations; and > > > > > > > (b) in relation to a person to whom monitored medicines may be supplied, prescribed or administered; and > > > > > > > (c) in respect of a person in relation to the medical treatment or care of that person; and > > > > > > > (d) for the purpose of disclosing information in the monitored medicines database to a registered health practitioner involved in the care of a person whose information is maintained in the database; and > > > > > > > (e) for any other prescribed purpose. > > > (2)  A dispenser may access, use and disclose information in the monitored medicines database – > > > > > > (a) for the purpose of providing information to the monitored medicines database in accordance with this Act or the regulations; and > > > > > > > (b) in relation to a person to whom monitored medicines may be supplied, prescribed or administered; and > > > > > > > (c) in respect of a person in relation to the medical treatment or care of that person; and > > > > > > > (d) for the purpose of disclosing information in the monitored medicines database to a registered health practitioner involved in the care of a person whose information is maintained in the database; and > > > > > > > (e) for any other prescribed purpose. > > > (3)  The Secretary may authorise a person, a class of persons, an entity or a class of entities to access, use and disclose information in the monitored medicines database for the purposes specified in the authorisation, in relation to the person, class of persons, entity or class of entities, if the Secretary is satisfied that the access, use and disclosure – > > > > > > (a) would assist in achieving the purposes of – > > > > > > > > > > (i) promoting safe prescribing and dispensing practices in respect of monitored medicines; and > > > > > > > > > > > (ii) reducing harm associated with monitored medicines; or > > > > > > > (b) would assist in achieving the purposes of the monitored medicines database; or > > > > > > > (c) is for technical or administrative purposes relating to the maintenance of the monitored medicines database; or > > > > > > > (d) is to facilitate evaluation of and research into monitored medicines and the operation of the monitored medicines database. > > > (4)  An authorisation under [subsection (3)](#GS38E@Gs3@EN) must – > > > > > > (a) be in writing; and > > > > > > > (b) in the case of an authorisation for a class of persons, or a class of entities, be published in the *Gazette*. > > > (5)  Any person or entity who is authorised by the Secretary under [subsection (3)](#GS38E@Gs3@EN) , or who belongs to a class of persons or a class of entities that is authorised by the Secretary under [subsection (3)](#GS38E@Gs3@EN) , may access, use and disclose information in the monitored medicines database for the purposes specified in that authorisation.