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National Health Service (General Medical Services Contracts) (Prescription of Drugs etc.) Regulations 2004

Type Statutory-Instrument
Publication 2004-03-08
Last updated 2025-10-01
State In force
Department King's Printer of Acts of Parliament
Source legislation.gov.uk
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SCHEDULE 2 — DRUGS, MEDICINES AND OTHER SUBSTANCES THAT MAY BE ORDERED ONLY IN CERTAIN CIRCUMSTANCES

Column 1 Column 2 Column 3
Drugs Patient Purpose
In this Schedule— “EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992[^f00005] as adjusted by the Protocol signed at Brussels on 17th March 1993[^f00006] 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[^f00007]; and “EEA State” means a State which is a contracting party to the EEA Agreement or Switzerland. In this Schedule— “EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992[^f00005] as adjusted by the Protocol signed at Brussels on 17th March 1993[^f00006] 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[^f00007]; and “EEA State” means a State which is a contracting party to the EEA Agreement or Switzerland. In this Schedule— “EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992[^f00005] as adjusted by the Protocol signed at Brussels on 17th March 1993[^f00006] 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[^f00007]; and “EEA State” means a State which is a contracting party to the EEA Agreement or Switzerland.
Clobazam Any patient Treatment of epilepsy
Cyanocobalamin Tablets A patient who is a vegan or who has a proven vitamin B12 deficiency of dietary origin Treatment or prevention of vitamin B12 deficiency
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
The following drugs for the treatment of erectile dysfunction— Alprostadil (Caverject), (MUSE), (Viridal) Apomorphine Hydrochloride (Uprima) Moxisylyte Hydrochloride (Erecnos) Sildenafil (Viagra) Tadalafil (Cialis) Thymoxamine Hydrochloride (Erecnos) Vardenafil (Levitra) 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[^f00002] or the Health and Personal Social Services (Northern Ireland) Order 1972 [^f00003]for this condition with any of the following drugs— Alprostadil (Caverject), (MUSE), (Viridal) Apomorphine Hydrochloride (Uprima) Moxisylyte Hydrochloride (Erecnos) Sildenafil (Viagra) Tadalafil (Cialis) Thymoxamine Hydrochloride (Erecnos); or b 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 anenforceable Community right to be treated no less favourably than the national in the provision of medical treatmentand 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 c 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 [^f00003]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 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

Signed

Signed by authority of the Secretary of State

John Hutton — Minister of State, — Department of Health — 2004-03-08

Explanatory note

(This note is not part of the Regulations)

Footnotes

[^f00001]: 1977 c. 49; section 28U was inserted by section 175(1) of the Health and Social Care (Community Health and Standards Act 2003 (c. 43).

[^f00002]: 1978 c. 29.

[^f00003]: S.I. 1972/1265 (NI 14).

[^f00005]: Cm. 2073 and O.J. No. L1, 3.1.1994, p.3.

[^f00006]: Cm. 2183 and O.J. No. L1, 3.1.1994, p.572.

[^f00007]: O.J. No. L160, 28.6.1996, p.1.

[^f00008]: Section 28Q was inserted into the Act by section 175(1) of the Health and Social Care (Community Health and Standards) Act 2003 (c. 43).

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 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 ; and

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

Editorial notes

[^c16727371]: 1977 c. 49; section 28U was inserted by section 175(1) of the Health and Social Care (Community Health and Standards Act 2003 (c. 43).

[^c16727381]: Cm. 2073 and O.J. No. L1, 3.1.1994, p.3.

[^c16727391]: Cm. 2183 and O.J. No. L1, 3.1.1994, p.572.

[^c16727401]: O.J. No. L160, 28.6.1996, p.1.

[^c16727411]: 1978 c. 29.

[^c16727421]: S.I. 1972/1265 (NI 14).

[^c16727441]: Section 28Q was inserted into the Act by section 175(1) of the Health and Social Care (Community Health and Standards) Act 2003 (c. 43).

[^key-7c00ef50607dc5a7c3877787628a4aaf]: Words 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)

[^key-7260dc8799384a4df2f072d5092a6757]: Words 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)

[^key-90a5251f5bbf6007ca75a9fff525fa55]: Sch. 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)

[^key-b24453407d92b2b9cf6b03bf6804d0e0]: Words 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)

[^key-2e617d44ed7f0be655c0e170bf4b6eaa]: Words 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)

[^key-0f1e01590721e2833bc4743b7cb125b5]: Words 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)

[^key-124fe21152964b0e5976b26aeed9995d]: Words 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)

[^key-991b74121168816b84a80776227f6513]: Words 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)

[^key-f5caa4dd5c394fac81e9799ece0e5caf]: Words 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)

[^key-c395be6b8900a8ef3ff818d0a73660fb]: Words 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)

[^key-10f4ffe870cd23f9a6ca767cd0de774e]: Words 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)

[^key-3a213f634dc0adcee3bfddb07fda14a2]: Words 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)

[^key-f21d530828092660e48feb5b1743f9ce]: Words 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)

[^key-fd74bf90e39f5561f07f5cab6c43b537]: Words 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)

[^key-731583965e3f401ceab7135f04555bc3]: Words 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)

[^key-b9c695e58a5d8bdbb2abc13b5b8c417a]: Words 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)

[^key-95ab85af886d7a1383c28c03772b5baa]: Words 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)

[^key-5a46be060994b1c1d51022b25aed45b6]: Words 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)

[^key-72c0f028c8d8d801143c2ff422e4ea4c]: Words 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)

[^key-d854d9ad944f9acb1ecc23242f8a21fc]: Word 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)

[^key-4618cb843535e6c6747a773d65df73ae]: Word 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)

[^key-5598ece7c64b9ef64015642d26f50497]: Words 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)

[^key-3ea14a0e3c2da83acf81a9882eafc123]: Words 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)

[^key-aa4a9467d0bf8ca77be04d2dc4f09f10]: Reg. 2 substituted (4.12.2018) by The National Health Service (General Medical Services Contracts) (Prescription of Drugs etc.) (Amendment) Regulations 2018 (S.I. 2018/1134), regs. 1, 2(2)

[^key-6f578dd8e232bed8825350ceb8440c85]: Words in Sch. 1 omitted (4.12.2018) by virtue of The National Health Service (General Medical Services Contracts) (Prescription of Drugs etc.) (Amendment) Regulations 2018 (S.I. 2018/1134), regs. 1, 2(3)

[^M_F_ac8a0507-e882-46de-b841-8168e5ec250e]: Words 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)

[^M_F_3fe6b488-4c60-4709-eb8f-defbc2cbd822]: Words 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)

[^M_F_11905aa9-bcd9-44a4-937e-116ab797a28f]: Words 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)

[^key-241c451264749c20d0e730c077126f55]: Words 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)

[^key-b16da0586bcc1120e8df113e0d5b126d]: Words 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)

[^key-21ff81417971857c046720a2511918c7]: Words 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)

[^key-2bdd019372028a6625118ff3345866a0]: Words 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)

[^key-6084850a697e300256b4b774b91cd6b0]: Words 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

[^key-001e6ecc8e04fdb0ce02c74eedf5a7b2]: Words in Sch. 2 inserted (26.6.2024) by The National Health Service (General Medical Services Contracts) (Prescription of Drugs etc.) (Amendment) Regulations 2024 (S.I. 2024/728), regs. 1(2), 2(2)(a)

[^key-8189fe498a9917730219338df786b811]: Words in Sch. 2 inserted (26.6.2024) by The National Health Service (General Medical Services Contracts) (Prescription of Drugs etc.) (Amendment) Regulations 2024 (S.I. 2024/728), regs. 1(2), 2(2)(b)

[^key-d38c720adb0e7a259520a56f3868c2c7]: Words in Sch. 2 inserted (26.6.2024) by The National Health Service (General Medical Services Contracts) (Prescription of Drugs etc.) (Amendment) Regulations 2024 (S.I. 2024/728), regs. 1(2), 2(2)(c)

[^key-aa21b5f8e0ebbefa81a95e4737ed4e69]: Words in Sch. 2 inserted (26.6.2024) by The National Health Service (General Medical Services Contracts) (Prescription of Drugs etc.) (Amendment) Regulations 2024 (S.I. 2024/728), regs. 1(2), 2(3)

[^key-628e44020e9cd6bc90d81666c10465dc]: Words in Sch. 2 omitted (1.10.2025) by virtue of The National Health Service (General Medical Services Contracts) (Prescription of Drugs etc.) (Amendment) Regulations 2025 (S.I. 2025/987), regs. 1(2), 2(a)

[^key-68cb5814ced3dfbff1033d4213462fbd]: Words in Sch. 2 inserted (1.10.2025) by The National Health Service (General Medical Services Contracts) (Prescription of Drugs etc.) (Amendment) Regulations 2025 (S.I. 2025/987), regs. 1(2), 2(b)

[^key-159b34766efda5c5ffe22bd8ff2ed471]: Words in Sch. 2 omitted (1.10.2025) by virtue of The National Health Service (General Medical Services Contracts) (Prescription of Drugs etc.) (Amendment) Regulations 2025 (S.I. 2025/987), regs. 1(2), 2(c)

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