The National Health Service (Prescribing and Charging Amendments Relating to Pandemic Influenza) Regulations 2009

Amendment of the National Health Service (General Medical Services Contracts) (Prescription of Drugs etc.) Regulations 2004

5.  In Schedule 2 to the National Health Service (General Medical Services Contracts) (Prescription of Drugs etc.) Regulations 2004(1) (drugs, medicines and other substances that may only be ordered in certain circumstances)—

(a) in the entry for “Oseltamivir (Tamiflu)”—

(i) in the part which relates to “treatment of influenza” (as mentioned in column 3), in column 2, after paragraph (1) insert—

“(1A) Any patient suffering from influenza during an outbreak of pandemic influenza (influenza caused by a new virus subtype that has an increased and sustained transmission during a global outbreak of influenza), where the drug is ordered under arrangements for the distribution of the drug free of charge which are approved by the Secretary of State or are part of a Primary Care Trust’s antivirals distribution service(2).”, and

(ii) in the part which relates to “prophylaxis of influenza” (as mentioned in column 3), in column 2, after paragraph (2) insert—

“(2A) Any patient at risk from influenza during an outbreak of pandemic influenza (influenza caused by a new virus subtype that has an increased and sustained transmission during a global outbreak of influenza), where the drug is ordered under arrangements for the distribution of the drug free of charge which are approved by the Secretary of State or are part of a Primary Care Trust’s antivirals distribution service.”; and

(b) in the entry for “Zanamivir (Relenza)”—

(i) number the current paragraph for the entry in column 2 as “(1)”, and then after that paragraph add the following paragraph—

“(2) Any patient at risk of or suffering from influenza during an outbreak of pandemic influenza (influenza caused by a new virus subtype that has an increased and sustained transmission during a global outbreak of influenza), where the drug is ordered under arrangements for the distribution of the drug free of charge which are approved by the Secretary of State or are part of a Primary Care Trust’s antivirals distribution service.”, and

(ii) in column 3, opposite paragraph (2) in column 2, insert—

“Prophylaxis or treatment of influenza.”.

(1)

S.I. 2004/629; Schedule 2 has been amended by S.I. 2004/3215.

(2)

The directions to Primary Care Trusts in England requiring them to establish such services, the Functions of Primary Care Trusts (Antiviral Distribution for Pandemic Influenza) (No. 2) Directions 2009, signed on 1st July 2009, have been published on the Department of Health’s website, www.dh.gov.uk.