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Statutory Rules of Northern Ireland

2004 No. 142

HEALTH AND PERSONAL SOCIAL SERVICES

Health and Personal Social Services (General Medical Services Contracts) (Prescription of Drugs Etc) Regulations (Northern Ireland) 2004

Made

29th March 2004

Coming into operation

1st April 2004

The Department of Health, Social Services and Public Safety(1), in exercise of the powers conferred on it by Articles 57D and 106(b) of the Health and Personal Social Services (Northern Ireland) Order 1972(2), and of all other powers enabling it in that behalf, hereby makes the following Regulations:

Citation and commencement

1.  These Regulations may be cited as the Health and Personal Social Services (General Medical Services Contracts) (Prescription of Drugs Etc) Regulations (Northern Ireland) 2004 and shall come into operation on 1st April 2004.

Drugs, medicines and other substances that may not be ordered

2.  A drug, medicine and other substance listed in Schedule 1 may not be ordered for a patient 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 –

(a)that patient is a person of a description mentioned in column 2 of that entry; and

(b)that drug, medicine or other substance is prescribed for that patient only for the purpose specified in column 3 of that entry.

Sealed with the Official Seal of the Department of Health, Social Services and Public Safety on 29th March 2004.

L.S.

James F. Livingstone

Senior Officer of the

Department of Health, Social Services and Public Safety

Sealed with the Official Seal of the Department of Finance and Personnel on 29th March 2004.

L.S.

C. Doran

Senior Officer of the

Department of Finance and Personnel

Regulation 2

SCHEDULE 1DRUGS, MEDICINES AND OTHER SUBSTANCES NOT TO BE ORDERED UNDER A GENERAL MEDICAL SERVICES CONTRACT

Regulation 3

SCHEDULE 2DRUGS, MEDICINES AND OTHER SUBSTANCES TO BE ORDERED ONLY IN CERTAIN CIRCUMSTANCES

Column 1Column 2Column 3
DrugPatientCondition

In this Schedule –

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

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

ClobazamAny patient.Treatment of epilepsy
Cyanocobalamin TabletsA patient who is a vegan or who has a proven vitamin Bl2 deficiency of dietary origin.Treatment or prevention of vitamin B12 deficiency
Locabiotal Aerosol Niferer Elixir 30ml Paediatric Dropper BottleInfants born prematurely.Treatment of infection and inflammation of the oropharynx
Nizoral CreamAny 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)Any 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), (Viridial)

  • Apmorphine hydrochloride (Uprima)

  • Moxisylyte Hydrochloride (Uprima)

  • Moxisylyte Hydrochloride (Erencos)

  • Sildenafil (Viagra)

  • Tadalafil (Cialis) Thymoxamine Hydrochloride (Erecnos)

  • Vardenafil (Levitra); 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 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

(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
10.10 Cleaning and Disinfecting SolutionAny patientWhere contact lenses are indicated for a therapeutic reason.
10.10 Rinsing and Neutralising Solution
Alcon Salette Aerosol Saline Solution
AMI – 10 Rinsing and Storage Solution
Amiclear Contact Lens Cleanser Tablets
Amidose Saline Solution 30 mlAny patientWhere contact lenses are indicated for a therapeutic reason.
Barnes-Hind No 4 Cleaner
Barnes-Hind Cleaning and Soaking Solution
Barnes-Hind Intensive Cleaner
Barnes-Hind Wetting and Soaking Solution
Bausch and Lomb Cleaning Tablets
Bausch and Lomb Concentrated Cleaner (for Hard Lenses)
Bausch and Lomb Daily Lens Cleaner
Bausch and Lomb Saline Solution
Bausch and Lomb Soaking and Wetting Solution
Boots Hard Lens Soaking Solution
Boots Hard Lens Wetting Solution
Boots Soft Lens Cleaning Solution
Boots Soft Lens Comfort Solution
Boots Soft Lens Soaking Solution
Boston Lens Cleaning Solution
Boston Lens Wetting and Soaking Solution
Clean and Soak
Clerz Lubricating, cleaning and comfort sachets
Clerz Lubricating and Rewetting Eye Drops
Contactaclean Cleaning Solution
Contactasoak Disinfecting and Soaking Solution
Contactasol 02 Care Solution
Contactasol Complete Care All-In-One Solution
Contactasol Solar Saline Spray
Contactasol Wetting SolutionAny patientWhere contact lenses are indicated for a therapeutic reason.
Flexcare Soft Lens Solution
Flexsol Solution
Hexidin Solution
Hydrocare Boiling/Rinsing Solution
Hydrocare Cleaning and Soaking Solution
Hydrocare Preserved Saline Solution
Hydrocare Protein Remover Tablets
Hydroclean Solution
Hydron Europe Cleaning Solution
Hydron Europe Comfort Soaking Solution
Hydron Europe Solusal
Hydron Europe Solution Comfort
Hydrosoak Disinfecting and Solution Comfort
Hydrosol Comfort Solution
Kelsoak 2 Solution
Kelvinol 2 Wetting Solution
LC65 Cleaning Solution
Lensept Solution
Lensine 5 All-In-One Solution
Lensplus Sterile Saline Spray
Lensrins Solution
Liquifilm Wetting Solution
Mediclean Soft Lens Solution
Medisoak Soft Lens Solution
Mira Flow Cleaning Solution
Mira Flow Soft Lens Solution
Mira Soak Lens Soaking Solution
Mira Sol Soft Lens Solution
Oxysept 1 Disinfecting SolutionAny patientWhere contact lenses are indicated for a therapeutic reason
Oxysept 2 Rinsing, Neutralising and Storing Solution
Perform l Disinfecting Solution
Perform 2 Rinsing and Neutralising Solution
Pliagel Soft Lens Solution
Preflex Solution
Prymecare Tablets for Soft and Gas Permeable Lenses
Prymeclean Cleaning Solution for Soft Lenses
Prymesoak Soaking Solution for Soft Lenses
Soaclens Solution
Softab Soft Lens Care Tablets
Solusol Solution
Soquette Soaking Solution
Steri-Clens SolutionAny patientWhere contact lenses are indicated for a therapeutic reason.
Steri-Solve Soft Lens Solution
Titan Hard Cleanser
Total All Purpose Solution
Transclean Cleaning Solution
Transdrop
Transoak Solution
Transol Solution

Explanatory Note

(This note is not part of the Regulations.)

These Regulations make provision as to the drugs, medicines or other substance that may be ordered for patients in the provision of medical services under a general medical services contract within the meaning of Article 57 of the Health and Personal Social Services (Northern Ireland) Order 1972.

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, medicinces and other substances that may be ordered under such a contract only in certain circumstances and sets out those circumstances.

(1)

S.I. 1999/283 (N.I. 1), see Article 3(6)

(2)

S.I. 1972/1265 (N.I. 14); Article 57D was inserted by Article 4 of S.I. 2004/311 (N.I. 2)

(5)

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