General Medical Services (Amendment) Regulations (Northern Ireland) 1999

Statutory Rules of Northern Ireland

1999 No. 276

HEALTH AND PERSONAL SOCIAL SERVICES

General Medical Services (Amendment) Regulations (Northern Ireland) 1999

Made

16th June 1999

Coming into operation

1st July 1999

The Department of Health and Social Services, in exercise of the powers conferred on it by Articles 56, 106(b) and 107(6) of the Health and Personal Social Services (Northern Ireland) Order 1972(1) and of all other powers enabling it in that behalf, and in conjunction with the Department of Finance and Personnel and after consultation with such organisations as appear to the Department to be representative of the medical profession, as required by Article 56(5) of that Order, hereby makes the following Regulations:

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the General Medical Services (Amendment) Regulations (Northern Ireland) 1999 and shall come into operation on 1st July 1999.

(2) In these Regulations “the principal Regulations” means the General Medical Services Regulations (Northern Ireland) 1997(2).

Amendment of the principal Regulations

2.—(1) The principal Regulations shall be amended as follows.

(2) In Schedule 11 (drugs and other substances to be prescribed for supply under pharmaceutical services only in certain circumstances)—

(a) after the entry relating to Nizoral Cream there shall be inserted in columns 1, 2 and 3 respectively the following—

“The following drugs for the treatment of erectile dysfunction— Alprostadil (Caverject), (MUSE), (Viridal) Moxisylyte Hydrochloride (Erecnos) Thymoxamine Hydrochloride (Erecnos) Sildenafil (Viagra)

(a) A man with erectile dysfunction who on 14th September 1998 was receiving a course of treatment under the Order, the National Health Service Act 1977(3), or the National Health Service (Scotland) Act 1978(4) for this condition with any of the following drugs— Alprostadil (Caverject), (MUSE), (Viridal) Moxisylyte Hydrochloride (Erecnos) Thymoxamine Hydrochloride (Erecnos) Sildenafil (Viagra); or (b) 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(5) 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 treatement under a national health insurance system of an EEA State for this condition with any of the drugs listed in sub-paragraph (a); or (c) 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 an enforceable Community right to be treated no less favourably than the national in the provision of medical treatment and 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 (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.”.

(b) at the end of Schedule 11 there shall be added the following—

• “In this Schedule—

• “EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocal signed at Brussels on 17th March 1993;

• “EEA State” means a State which is a contracting party to the EEA Agreement”.

Sealed with the Official Seal of the Department of Health and Social Services on

L.S.

D. A. Baker

Assistant Secretary

16th June 1999.

Sealed with the Official Seal of the Department of Finance and Personnel on

L.S.

J. G. Sullivan

Assistant Secretary

16th June 1999.

Explanatory Note

(This note is not part of the Regulations.)

These Regulations further amend the General Medical Services Regulations (Northern Ireland) 1997 (“the principal Regulations”) which regulate the terms on which doctors provide general medical services under the Health and Personal Social Services (Northern Ireland) Order 1972.

Regulation 2 includes certain drugs in Schedule 11 to the principal Regulations, which lists drugs and other substances which may only be prescribed in certain circumstances.

These Regulations impose no cost on business.

(1)

S.I. 1972/1265 (N.I. 14) as amended by S.I. 1978/1907 (N.I. 26), S.I. 1981/432, S.I. 1986/2023 (N.I. 20), S.I. 1986/2229 (N.I. 24), S.I. 1991/194 (N.I. 1) and S.I. 1997/1177 (N.I. 7)

(2)

S.R. 1997 No. 380

(3)

1977 c. 49

(4)

1978 c. 29

(5)

O.J. No. L257, 19.10.68, p. 22 (O.J./S.E. 1968 (II) p. 475)