(1)  Notwithstanding regulation 45(5) and regulation 47 , a pharmacist may supply up to, and including, the specified quantity of a restricted substance, other than a declared restricted substance, on the basis of a previous prescription if –

(a) a valid prescription is unavailable; and

(b) the supply is in accordance with the conditions set out in subregulation (3) .

(2)  Subregulation (1) does not apply where a prescriber, after considering the clinical safety of a person, specifies in writing on an individual prescription that continued dispensing on the basis of a previous prescription is not to occur.

(3)  For the purposes of subregulation (1) , a pharmacist must not supply a restricted substance to a person on the basis of a previous prescription unless –

(a) the pharmacist is satisfied that –

(i) the usual prescriber is unable to be contacted or is unable to provide an electronic prescription; and

(ii) the person has previously been supplied the restricted substance on the basis of a prescription from the usual prescriber; and

(iii) the person's therapy is stable; and

(iv) the person has been taking the restricted substance regularly for an uninterrupted period; and

(v) since the start of the period referred to in subparagraph (iv) , the usual prescriber has assessed the person's condition and decided that there is a need for ongoing treatment with the restricted substance; and

(vi) the person had a valid prescription for the last supply of the restricted substance to the person before the requested supply; and

(vii) the person has not been supplied with the restricted substance via continued dispensing without a prescription in the 12 months before the requested supply; and

(b) the person, or an agent of the person (other than the pharmacist), signs a declaration acknowledging that the person is being supplied with the restricted substance without the presentation of a valid prescription.

(4)  A pharmacist who supplies a restricted substance to a person under subregulation (1) must –

(a) record the information that the pharmacist used to support the pharmacist's decision to supply the restricted substance; and

(b) provide information to the usual prescriber about the supply to the person within 7 days of the supply occurring.

Penalty:  Fine not exceeding 10 penalty units.

(5)  For the purposes of subregulation (4) , the information must include a statement that –

(a) the conditions specified in subregulation (3) have been satisfied; and

(b) the pharmacist is satisfied that the restricted substance was required to be supplied to the person to facilitate continuity of treatment.

(6)  For the purposes of this regulation –

previous prescription , in respect of a restricted substance, means the most recent prescription for that substance that has been exhausted;

specified quantity , in respect of a restricted substance, means the quantity of the substance that was supplied in accordance with the previous prescription;

usual prescriber , in respect of a person being supplied with a restricted substance, means the prescriber who would ordinarily have prescribed the restricted substance for the person.