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(1), or the National Health Service (Scotland) Act 1978(2) for this condition with any of the following drugs—
(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(3) 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”.