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These Regulations may be cited as the Health and Personal Social Services (Prescribing and Charging Amendments Relating to Pandemic Influenza) Regulations (Northern Ireland) 2009 and shall come into operation on 1st January 2010.
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In Schedule 2 to the Health and Personal Social Services (General Medical Services Contracts) (Prescription of Drugs Etc.) Regulations (Northern Ireland) 2004 (drugs, medicines and other substances to be ordered only in certain circumstances)—
(a) In the appropriate alphabetical place in the table having regard to the name of the drug, insert respectively in columns 1, 2 and 3—“
Oseltamivir (Tamiflu) 
(1) At-risk adult and child patients where —
(a) it has been determined in accordance with a community based virological surveillance scheme that influenza A or influenza B is circulating in the locality in which the patient resides or is present or was present at the time that the virus was circulating;
(b) the patient has an influenza-like illness; and
(c) the patient can start therapy within 48 hours of the onset of symptoms.
(2) 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 Department or are part the Regional Board’s antivirals distribution service. Treatment of influenza
 
(3) At-risk patients aged 13 years and older where —
(a) it has been determined in accordance with a community based virological surveillance scheme that influenza A or influenza B is circulating in the locality in which the patient resides;
(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.
(4) 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 Department or are part the Regional Board’s antivirals distribution service. Prophylaxis of influenza”; and“
Zanamivir (Relenza) 
(1) At-risk adult patients where —
(a) it has been determined in accordance with a community based virological surveillance scheme that influenza A or influenza B is circulating in the locality in which the patient resides or is present or was present at the time that the virus was circulating;
(b) the patient has an influenza-like illness; and
(c) the patient can start therapy within 48 hours of the onset of symptoms. Treatment of influenza
 (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 Department or are part the Regional Board’s antivirals distribution service. Prophylaxis or treatment of influenza.”.
(d) After the words “in this Schedule— ” insert in the appropriate alphabetical place —“
 “at-risk” means an adult or child patient or a patient over the age of 13 who —
(a) has chronic respiratory disease (including asthma and chronic obstructive pulmonary disease);
(b) has significant cardiovascular disease, excluding an adult or child patient who has hypertension only;
(c) has chronic renal disease;
(d) are immunocompromised;
(e) has diabetes mellitus; or
(f) is aged 65 years or over;”;“
 “child” means any person under the age of 16;”;“
 “patient” has the same meaning as in the Health and Personal Social Services (General Medical Services Contracts) Regulations (Northern Ireland) 2004”; and“
 “residential care home” and “nursing home” have the same meaning as in the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003.”.
Sealed with the Official Seal of the Department of Health, Social Services and Public Safety on 27th November 2009
(L.S.)Christine Jendoubi
A senior officer of the Department of Health, Social Services and Public Safety
The Department of Finance and Personnel approves the foregoing Regulations insofar as they relate to Charges for Drugs and Appliances.Sealed with the Official Seal of the Department of Finance and Personnel on 27th November 2009
(L.S.)Adrian Arbuthnot
A senior officer of the Department of Finance and Personnel
