Regulation 3
SCHEDULE 2E+WDRUGS, MEDICINES AND OTHER SUBSTANCES THAT MAY BE ORDERED ONLY IN CERTAIN CIRCUMSTANCES
Column 1 | Column 2 | Column 3 |
---|---|---|
Drugs | Patient | Purpose |
Clobazam | Any patient | Treatment of epilepsy |
F1. . . | F1. . . | F1. . . |
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 |
[F2Oseltamivir (Tamiflu)] | [F2(1) [F3A patient who is aged 1 year or over and who is at clinical risk or a patient who is pregnant or aged 65 years or over, [F4or who is aged under 65 years and is at risk of developing medical complications from influenza,] where— (a)the Department of Health [F5and Social Care] has notified general medical practitioners that the influenza virus is circulating in the community;] (b)the patient has an influenza-like illness; and (c)the patient can start therapy within 48 hours of the onset of symptoms.] [F6(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 [F7are part of an antiviral distribution service provided by [F8NHS England], [F9the United Kingdom Health Security Agency] or a Local Authority.]] | [F2Treatment of influenza] |
[F2(2) [F10A patient who is aged 1 year or over and who is at clinical risk or a patient who is pregnant or aged 65 years or over, where— (a)the Department of Health [F5and Social Care] has notified general medical practitioners that the influenza virus is circulating in the community;] (b)the patient has been exposed to an influenza-like illness through being in close contact with someone with whom he lives who is or has been suffering from an influenza-like illness; (c)the patient is not effectively protected by vaccination against influenza because— (i)he has not been vaccinated because vaccination is contraindicated; (ii)he has not been vaccinated since the previous influenza season; (iii)he has been vaccinated but it has yet to take effect; or (iv)he has been vaccinated but the vaccine is not well matched to the strain of influenza circulating in the locality in which the patient resides or is or has been present; (d)the patient lives in a residential care establishment and another resident or member of staff of the establishment has an influenza-like illness; and (e)the patient can start prophylaxis within 48 hours of exposure to an influenza-like illness.] [F11(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 [F7are part of an antiviral distribution service provided by [F8NHS England], [F9the United Kingdom Health Security Agency] or a Local Authority.]] | [F2Prophylaxis of influenza] | |
[F2Zanamivir (Relenza)] | [F12(1)] [F13A patient who is aged 5 years or over and who is at clinical risk or a patient who is pregnant or aged 65 years or over, [F14or who is aged under 65 years and is at risk of developing medical complications from influenza,] where— (a)the Department of Health [F5and Social Care] has notified general medical practitioners that the influenza virus is circulating in the community;] (b)the patient has an influenza-like illness; and [F15(c) in the case of a patient— (i)who has attained the age of 5 years but not the age of 13 years, that patient can start therapy within 36 hours of the onset of symptoms; and (ii)who is aged 13 years or over, that patient can start therapy within 48 hours of the onset of symptoms.] | [F2Treatment of influenza ] |
[F16(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 [F7are part of an antiviral distribution service provided by [F8NHS England], [F17the United Kingdom Health Security Agency] or a Local Authority.]] | [F18Prophylaxis or treatment of influenza.] | |
[F23(1) The following patients with erectile dysfunction–] (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 M1 or the Health and Personal Social Services (Northern Ireland) Order 1972 M2for this condition with any of the following drugs—
[F24(b) a man who is a national of an EEA State who— (i)immediately before IP completion day was entitled to treatment by virtue of Article 7(2) of Council Regulation 1612/68 as extended by the EEA Agreement or was entitled to treatment by virtue of any other enforceable EU right; (ii)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 that condition with any of the drugs listed in sub-paragraph (a); and (iii)immediately before IP completion day was receiving a course of treatment as part of the health service for the condition mentioned in paragraph (ii) of this sub-paragraph with any of the drugs listed in sub-paragraph (a); or] [F25(c) a man who is not a national of an EEA State but who is the member of the family of such a national and who— (i)immediately before IP completion day had an enforceable EU right to be treated no less favourably than the national in the provision of medical treatment; (ii)has erectile dysfunction and was on 14th September 1998 receiving a course of treatment for that condition with any of the drugs listed in sub-paragraph (a); and (iii)immediately before IP completion day was receiving a course of treatment as part of the health service for the condition mentioned in paragraph (ii) of this sub-paragraph with any of the drugs listed in sub-paragraph (a); or] (d)a man who is suffering from any of the following—
(e)a man who is receiving treatment for renal failure by dialysis; or (f)a man who has had the following surgery—
| Treatment of erectile dysfunction | |
(2) Any patient] | [F27Treatment of a condition, other than erectile dysfunction, in respect of which the drug ordered is considered an appropriate treatment] |
Textual Amendments
F1Words in Sch. 2 omitted (1.4.2013) by virtue of The National Health Service (Primary Medical Services) (Miscellaneous Amendments and Transitional Provisions) Regulations 2013 (S.I. 2013/363), regs. 1(1), 54(2)(a)
F2Words in Sch. 2 inserted (3.1.2005) by The National Health Service (General Medical Services Contracts) (Prescription of Drugs etc.) (Amendment) Regulations 2004 (S.I. 2004/3215), regs. 1(1), 2(a)
F3Words in Sch. 2 substituted (1.11.2010) by The National Health Service (General Medical Services Contracts) (Prescription of Drugs etc.) (Amendment) Regulations 2010 (S.I. 2010/2389), regs. 1(1), 2(2)(a)
F4Words in Sch. 2 inserted (20.4.2011) by The National Health Service (General Medical Services Contracts) (Prescription of Drugs etc.) (Amendment) Regulations 2011 (S.I. 2011/680), regs. 1(1), 2(2)
F5Words in Sch. 2 inserted (11.4.2018) by The Secretaries of State for Health and Social Care and for Housing, Communities and Local Government and Transfer of Functions (Commonhold Land) Order 2018 (S.I. 2018/378), art. 1(2), Sch. para. 20(f) (with art. 14)
F6Words in Sch. 2 inserted (21.8.2009) by The National Health Service (Prescribing and Charging Amendments Relating to Pandemic Influenza) Regulations 2009 (S.I. 2009/2230), regs. 1(1), 5(a)(i)
F7Words in Sch. 2 substituted (1.4.2013) by The National Health Service (Primary Medical Services) (Miscellaneous Amendments and Transitional Provisions) Regulations 2013 (S.I. 2013/363), regs. 1(1), 54(2)(b)(c)
F8Words in Regulations substituted (6.11.2023) by The Health and Care Act 2022 (Further Consequential Amendments) (No. 2) Regulations 2023 (S.I. 2023/1071), reg. 1(1), Sch. para. 1
F9Words in Sch. 2 substituted (1.10.2021) by The Public Health England (Dissolution) (Consequential Amendments) Regulations 2021 (S.I. 2021/974), regs. 1(1), 3(2)(a)
F10Words in Sch. 2 substituted (1.11.2010) by The National Health Service (General Medical Services Contracts) (Prescription of Drugs etc.) (Amendment) Regulations 2010 (S.I. 2010/2389), regs. 1(1), 2(2)(b)
F11Words in Sch. 2 inserted (21.8.2009) by The National Health Service (Prescribing and Charging Amendments Relating to Pandemic Influenza) Regulations 2009 (S.I. 2009/2230), regs. 1(1), 5(a)(ii)
F12Sch. 2: entry renumbered (21.8.2009) by The National Health Service (Prescribing and Charging Amendments Relating to Pandemic Influenza) Regulations 2009 (S.I. 2009/2230), regs. 1(1), 5(b)(i)
F13Words in Sch. 2 substituted (1.11.2010) by The National Health Service (General Medical Services Contracts) (Prescription of Drugs etc.) (Amendment) Regulations 2010 (S.I. 2010/2389), regs. 1(1), 2(3)(a)
F14Words in Sch. 2 inserted (20.4.2011) by The National Health Service (General Medical Services Contracts) (Prescription of Drugs etc.) (Amendment) Regulations 2011 (S.I. 2011/680), regs. 1(1), 2(3)
F15Words in Sch. 2 substituted (1.11.2010) by The National Health Service (General Medical Services Contracts) (Prescription of Drugs etc.) (Amendment) Regulations 2010 (S.I. 2010/2389), regs. 1(1), 2(3)(b)
F16Words in Sch. 2 added (21.8.2009) by The National Health Service (Prescribing and Charging Amendments Relating to Pandemic Influenza) Regulations 2009 (S.I. 2009/2230), regs. 1(1), 5(b)(i)
F17Words in Sch. 2 substituted (1.10.2021) by The Public Health England (Dissolution) (Consequential Amendments) Regulations 2021 (S.I. 2021/974), regs. 1(1), 3(2)(b)
F18Words in Sch. 2 inserted (21.8.2009) by The National Health Service (Prescribing and Charging Amendments Relating to Pandemic Influenza) Regulations 2009 (S.I. 2009/2230), regs. 1(1), 5(b)(ii)
F19Word in Sch. 2 inserted (1.8.2014) by The National Health Service (General Medical Services Contracts) (Prescription of Drugs etc.) (Amendment) Regulations 2014 (S.I. 2014/1625), regs. 1(2), 2(b)(i)
F20Words in Sch. 2 omitted (1.10.2013) by virtue of The National Health Service (General Medical Services Contracts) (Prescription of Drugs etc) (Amendment) Regulations 2013 (S.I. 2013/2194), regs. 1(2), 2(a)
F21Words in Sch. 2 omitted (1.8.2014) by virtue of The National Health Service (General Medical Services Contracts) (Prescription of Drugs etc.) (Amendment) Regulations 2014 (S.I. 2014/1625), regs. 1(2), 2(a)
F22Word in Sch. 2 inserted (1.8.2014) by The National Health Service (General Medical Services Contracts) (Prescription of Drugs etc.) (Amendment) Regulations 2014 (S.I. 2014/1625), regs. 1(2), 2(b)(ii)
F23Words in Sch. 2 inserted (1.10.2013) by The National Health Service (General Medical Services Contracts) (Prescription of Drugs etc) (Amendment) Regulations 2013 (S.I. 2013/2194), regs. 1(2), 2(b)(i)
F24Words in Sch. 2 substituted (31.12.2020) by The National Health Service (Cross-Border Healthcare and Miscellaneous Amendments etc.) (EU Exit) Regulations 2019 (S.I. 2019/777), regs. 1(1), 9(2)(a) (as substituted by S.I. 2020/1348, regs. 1, 8); 2020 c. 1, Sch. 5 para. 1(1)
F25Words in Sch. 2 substituted (31.12.2020) by The National Health Service (Cross-Border Healthcare and Miscellaneous Amendments etc.) (EU Exit) Regulations 2019 (S.I. 2019/777), regs. 1(1), 9(2)(b) (as substituted by S.I. 2020/1348, regs. 1, 8); 2020 c. 1, Sch. 5 para. 1(1)
F26Words in Sch. 2 inserted (1.10.2013) by The National Health Service (General Medical Services Contracts) (Prescription of Drugs etc) (Amendment) Regulations 2013 (S.I. 2013/2194), regs. 1(2), 2(b)(ii)
F27Words in Sch. 2 inserted (1.10.2013) by The National Health Service (General Medical Services Contracts) (Prescription of Drugs etc) (Amendment) Regulations 2013 (S.I. 2013/2194), regs. 1(2), 2(c)
Marginal Citations
M2S.I. 1972/1265 (NI 14).
In this Schedule—
F28...
Textual Amendments
F28Words in Sch. 2 omitted (1.11.2010) by virtue of The National Health Service (General Medical Services Contracts) (Prescription of Drugs etc.) (Amendment) Regulations 2010 (S.I. 2010/2389), regs. 1(1), 2(4)(a)
[F29“at clinical risk” means in relation to a patient, a patient who—
(a)has chronic respiratory disease;
(b)has asthma that requires continuous or repeated use of inhaled or systemic steroids or with previous exacerbations requiring hospital admission;
(c)has chronic heart disease;
(d)has chronic renal failure;
(e)has chronic liver disease;
(f)has chronic neurological disease;
(g)has diabetes; or
(h)is immunosuppressed;]
Textual Amendments
F29Words in Sch. 2 inserted (1.11.2010) by The National Health Service (General Medical Services Contracts) (Prescription of Drugs etc.) (Amendment) Regulations 2010 (S.I. 2010/2389), regs. 1(1), 2(4)(b)
F28...
Textual Amendments
F28Words in Sch. 2 omitted (1.11.2010) by virtue of The National Health Service (General Medical Services Contracts) (Prescription of Drugs etc.) (Amendment) Regulations 2010 (S.I. 2010/2389), regs. 1(1), 2(4)(a)
“EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 M3 as adjusted by the Protocol signed at Brussels on 17th March 1993 M4 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 M5; and
Marginal Citations
M3Cm. 2073 and O.J. No. L1, 3.1.1994, p.3.
M4Cm. 2183 and O.J. No. L1, 3.1.1994, p.572.
M5O.J. No. L160, 28.6.1996, p.1.
“EEA State” means a State which is a contracting party to the EEA Agreement or Switzerland.
[F30“general medical practitioner” has the meaning given in regulation 3 of the National Health Service (General Medical Services Contracts) Regulations 2015;]
Textual Amendments
F30Words in Sch. 2 substituted (7.12.2015) by The National Health Service (General Medical Services Contracts) Regulations 2015 (S.I. 2015/1862), reg. 1(2), Sch. 4 para. 1(a) (with reg. 2)
[F31“patient” has the meaning given in regulation 3 of the National Health Service (General Medical Services Contracts) Regulations 2015;]
Textual Amendments
F31Words in Sch. 2 substituted (7.12.2015) by The National Health Service (General Medical Services Contracts) Regulations 2015 (S.I. 2015/1862), reg. 1(2), Sch. 4 para. 1(b) (with reg. 2)
[F32“residential care establishment” means a place where persons reside on a long term basis in order to receive continuing care.]
Textual Amendments
F32Words in Sch. 2 inserted (3.1.2005) by The National Health Service (General Medical Services Contracts) (Prescription of Drugs etc.) (Amendment) Regulations 2004 (S.I. 2004/3215), regs. 1(1), 2(d)