PART 4Amendment of Northern Ireland Cross-Border Healthcare Regulations

Substitution of regulation 1917

For regulation 19 substitute—

The Health and Personal Social Services (General Medical Services Contracts) (Prescription of Drugs Etc) Regulations (Northern Ireland) 200419

1

The Health and Personal Social Services (General Medical Services Contracts) (Prescription of Drugs Etc) Regulations (Northern Ireland) 200411 are amended as follows.

2

In Schedule 2 (drugs, medicines and other substances that may be ordered only in certain circumstances), in the entry in column 2 of the table relating to patients with erectile dysfunction—

a

for sub-paragraph (b) (including the “or” at the end) substitute—

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 for the condition mentioned in paragraph (ii) of this sub-paragraph with any of the drugs listed in sub-paragraph (a); or

b

for sub-paragraph (c) (including the “or” at the end) substitute—

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 for the condition mentioned in paragraph (ii) of this sub-paragraph with any of the drugs listed in sub-paragraph (a); or