National Health Service (General Medical Services Contracts) (Prescription of Drugs etc.) Regulations 2004 No. 629

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2004 No. 629
NATIONAL HEALTH SERVICE, ENGLAND
National Health Service (General Medical Services Contracts) (Prescription of Drugs etc.) Regulations 2004

	Made	8th March 2004
	Laid before Parliament	11th March 2004
	Coming into force	1st April 2004

The Secretary of State for Health in exercise of the powers conferred upon him by sections 28U and 126(4) of the National Health Service Act 1977[1] and of all other powers enabling him in that behalf, hereby makes the following Regulations:

Citation, commencement and application
     1. - (1) These regulations may be cited as the National Health Service (General Medical Services Contracts) (Prescription of Drugs etc.) Regulations 2004 and shall come into force on 1st April 2004.

    (2) These Regulations apply to England only.

Drugs, medicines and other substances that may not be ordered
     2. A drug, medicine or other substance listed in Schedule 1 may not be ordered for patients in the provision of medical services under a general medical services contract.

Drugs, medicines and other substances that may be ordered only in certain circumstances
     3. A drug, medicine or other substance specified in an entry in column 1 of Schedule 2 may not be ordered for a patient in the provision of medical services under a general medical services contract unless -

Signed by authority of the Secretary of State

John Hutton
Minister of State, Department of Health

8th March 2004

Column 1	Column 2	Column 3
Drugs	Patient	Purpose
Clobazam	Any patient	Treatment of epilepsy
Cyanocobalamin Tablets	A patient who is a vegan or who has a proven vitamin B12 deficiency of dietary origin	Treatment or prevention of vitamin B12 deficiency
Locabiotal Aerosol	Any patient	Treatment of infections and inflammation of the oropharynx
Niferex Elixir 30ml Paediatric Dropper Bottle	Infants born prematurely	Prophylaxis and treatment of iron deficiency
Nizoral Cream	Any patient	Treatment of seborrhoeic dermatitis and pityriasis versicolor
The following drugs for the treatment of erectile dysfunction - Alprostadil (Caverject), (MUSE), (Viridal) Apomorphine Hydrochloride (Uprima) Moxisylyte Hydrochloride (Erecnos) Sildenafil (Viagra) Tadalafil (Cialis) Thymoxamine Hydrochloride (Erecnos) Vardenafil (Levitra)	(a) a man with erectile dysfunction who on 14th September 1998 was receiving a course of treatment under the Act, the National Health Service (Scotland ) Act 1978[2] or the Health and Personal Social Services (Northern Ireland) Order 1972 [3]for this condition with any of the following drugs - Alprostadil (Caverject), (MUSE), (Viridal) Apomorphine Hydrochloride (Uprima) Moxisylyte Hydrochloride (Erecnos) Sildenafil (Viagra) Tadalafil (Cialis) Thymoxamine Hydrochloride (Erecnos); or (b) a man who is not a national of an EEA State but who is the member of the family of such a national who has anenforceable Community right to be treated no less favourably than the national in the provision of medical treatmentand has erectile dysfunction and was being treated for that condition on 14th September 1998 with any of the drugs listed in sub-paragraph (a); or (c) a man who is a national of an EEA State who is entitled to treatment by virtue of Article 7(2) of Council Regulation 1612/68 [4]as extended by the EEA Agreement or by virtue of any other enforceable Community right who has erectile dysfunction and was on 14th September 1998 receiving a course of treatment under a national health insurance system of an EEA State for this condition with any of the drugs listed in sub-paragraph (a); or (d) a man who is suffering from any of the following - diabetes multiple sclerosis parkinson's disease poliomyelitis prostate cancer severe pelvic injury single gene neurological disease spina bifida spinal cord injury; or (e) a man who is receiving treatment for renal failure by dialysis; or (f) a man who has had the following surgery - prostatectomy radical pelvic surgery renal failure treated by transplant	Treatment of erectile dysfunction

In this Schedule -

"EEA Agreement" means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992[5] as adjusted by the Protocol signed at Brussels on 17th March 1993[6] and as amended so far as is relevant to these Regulations, by Decision of the EEA Joint Committee No 7/94 of 21st March 1994[7]; and

"EEA State" means a State which is a contracting party to the EEA Agreement or Switzerland.

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make provision as to the drugs, medicines or other substances that may be ordered for patients in the provision of medical services under a general medical services contract within the meaning of section 28Q of the National Health Service Act 1977[8].

Regulation 2 and Schedule 1 list the drugs, medicines and other substances that may not be ordered under such a contract.

Regulation 3 and Schedule 2 specify the drugs, medicines and other substances that may be ordered under such a contract only in certain circumstances and sets out those circumstances.

Notes:

[1] 1977 c. 49; section 28U was inserted by section 175(1) of the Health and Social Care (Community Health and Standards Act 2003 (c.43).back

[2] 1978 c. 29.back

[3] S.I. 1972/1265 (NI 14).back

[4] S.I. 1972/1265 (NI 14).back

[5] Cm. 2073 and O.J. No. L1, 3.1.1994, p.3.back

[6] Cm. 2183 and O.J. No. L1, 3.1.1994, p.572.back

[7] O.J. No. L160, 28.6.1996, p.1.back

[8] Section 28Q was inserted into the Act by section 175(1) of the Health and Social Care (Community Health and Standards) Act 2003 (c. 43).back

[a] Amended by Correction Slip. Schedule 1, in the second column on page 19, the ninth line of text should read "Mosquito Milk Formula"; back
[b] Amended by Correction Slip. In the tenth line of text delete the word "Formula" so that the line reads "Mosquito Repellent Tropical". back

ISBN 0 11 048847 4

Prepared 11 March 2004

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	United Kingdom Statutory Instruments
You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> National Health Service (General Medical Services Contracts) (Prescription of Drugs etc.) Regulations 2004 No. 629 URL: http://www.bailii.org/uk/legis/num_reg/2004/20040629.html