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The National Health Service (General Medical Services) (Scotland) Amendment (No.4) Regulations 1999

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Amendment of Schedule 11 to the principal Regulations

24.  In Schedule 11 to the principal Regulations (drugs to be supplied by general medical practitioners or prescribed for supply under pharmaceutical services only in certain circumstances)(1).

(a)in column 2 for paragraphs (a) to (d) there is substituted–

(a)a man with erectile dysfunction who on 14th September 1998 was receiving a course of treatment under the Act, the National Health Service Act 1977(2) or the Health and Personal Social Services (Northern Ireland) Order 1972(3) 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(4) 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.;

(b)at the end there is inserted 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.

(1)

Relevant amending instrument is 1999/1620.

(4)

OJ No. L257, 19.10.68, p.22 (OJ/SE 1968 (II) p. 475).

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