1999 No. 1627

NATIONAL HEALTH SERVICE, ENGLAND AND WALES

The National Health Service (General Medical Services) Amendment (No. 2) Regulations 1999

Made

Laid before Parliament

Coming into force

The Secretary of State for Health, in exercise of powers conferred on him by sections 29 and 126(4) of the National Health Service Act 1977 (“the Act”)1 and of all other powers enabling him in that behalf, hereby makes the following Regulations:–

Citation, commencement and interpretation1

These Regulations may be cited as the National Health Service (General Medical Services) Amendment (No. 2) Regulations 1999 and shall come into force on 1st July 1999.

Amendment of the National Health Service (General Medical Services) Regulations 19922

1

The National Health Service (General Medical Services) Regulations 19922 shall be amended as follows.

2

In Schedule 11 (drugs to be prescribed 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 Act, the National Health Service (Scotland) Act 19783 or the Health and Personal Social Services (Northern Ireland) Order 19724 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 1612/685 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

b

at the end 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 Protocol signed at Brussels on 17th March 1993;

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

Frank DobsonOne of Her Majesty’s Principal Secretaries of State,Department of Health

(This note is not part of the Regulations)

These Regulations further amend the National Health Service (General Medical Services) Regulations 1992 (“the principal Regulations”) which regulate the terms on which doctors provide general medical services under the National Health Service Act 1977 (“the 1977 Act”).

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

These Regulations impose no cost on business.