(1)  For the purposes of section 38(1)(b) of the Act, a pharmacist may sell or supply a restricted substance to a resident of, or a patient in, a medical institution, otherwise than in accordance with a prescription of a medical practitioner, dentist, authorised health professional, endorsed midwife or authorised nurse practitioner, if –

(a) a valid prescription does not exist; and

(b) the substance is included on the drug therapy chart of the resident or patient and the pharmacist has seen the chart or a copy of it; and

(c) the pharmacist is satisfied that the sale or supply of the substance is necessary for the continued treatment of the resident or patient; and

(d) the pharmacist makes a record in an approved recording system of –

(i) the name of the medical practitioner, dentist, authorised health professional, endorsed midwife or authorised nurse practitioner responsible for preparing the drug therapy chart and the person to whom it is sold or supplied; and

(ii) the name and amount of the substance sold or supplied; and

(iii) the basis on which the substance is sold or supplied; and

(e) the amount of the substance supplied does not exceed the smallest practicable amount and in any case does not exceed –

(i) if the substance is included in the Schedule of Pharmaceutical Benefits for Approved Pharmacists and Medical Practitioners published under Part VII of the National Health Act 1953 of the Commonwealth, the maximum quantity specified in that Schedule; or

(ii) if the substance is not included in that Schedule, one month’s supply.

(2)  Only one sale or supply of the substance may be made to the resident or patient under subregulation (1) .

(3)  If a restricted substance is supplied under this regulation, the medical practitioner, authorised health professional, endorsed midwife or authorised nurse practitioner responsible for preparing the drug therapy chart must send to the pharmacist referred to in subregulation (1) supply, a prescription that –

(a) complies with regulation 45(5) ; and

(b) clearly states that it is in authorisation of the supply, otherwise than in accordance with a prescription, by that pharmacist of the restricted substance.

(4)  This regulation does not apply in respect of a substance that has been dispensed in accordance with a medication chart that complies with regulation 45(7)(b) .