DECREE NO 5,839, DE July 11, 2006.

Disposes about the organization, the assignments and the electoral process of the National Board of Health-CNS and gives other arrangements.

THE PRESIDENT OF THE REPUBLIC, in the use of the attribution conferring you the art. 84, inciso VI, point?a?, of the Constitution, and in view of the willing in the arts. 11 and 12 of Decree-Law No 200 of February 25, 1967, and at art. 57 of Law No 8,028 of April 12, 1990,

DECRETA:

Art. 1st The National Board of Health-CNS, collegiate body of permanent character and deliberative, integral to the regimental structure of the Ministry of Health, is made up of representatives of the government, service providers, health professionals and users, whose decisions, substantiated in resolutions, are homologated by the Minister of State of Health.

Art. 2nd CNS competes:

I-acting in the formulation of strategies and in the control of the implementation of the National Health Policy, in the sphere of the Federal Government, including in economic and financial aspects ;

II-establish guidelines to be observed in the elaboration of health plans, depending on the epidemiological characteristics and the organization of services ;

III-draw up schedule for transfer of financial resources to states, the Federal District and the Municipalities, which are consigned to the Single Health System-SUS ;

IV-approve the criteria and values for service remuneration and the parameters of coverage of assistance ;

V-propose criteria for the definition of standards and assistential parameters ;

VI-follow up and control the private sector's performance of the health area, accredited upon contract or convention ;

VII-follow up the process of scientific and technological development and incorporation in the area of health, aiming at the observation of ethical standards compatible with the socio-cultural development of the Country ; and

VIII-articulate with the Ministry of Education on the creation of new higher education courses in the area of health, with regard to the characterization of social needs.

Art. 3rd The CNS is composed of forty-eight full members, being:

I-fifty per cent of representatives of entities and the social movements of SUS users ; and

II-fifty per cent of representatives of health professionals, included scientific community of health care, government representatives, health service providers, National Council of Health Secretaries-CONASS, National Council of Health Secretaries-CONASEMS and de business entities with activity in the area of health.

§ 1st The percentage of which treats the inciso II of the caput of this article will observe the following composite:

I-twenty-five per cent of representatives of health professionals, included in scientific community of the area of health ;

II-twenty five per cent of representatives distributed as follows:

a) six member representatives of the Federal Government ;

b) a representative member of the CONASS ;

c) a representative member of CONASEMS ;

d) two member representatives of entities of health service providers ; and

e) two member representatives of business entities with activities in the health area.

§ 2nd The representatives of those dealing with the points?b? a?e? of the inciso II of § 1st shall be indicated respectively by the chairpersons of the entities represented.

§ 3rd The titular members will have first and second alternates, indicated in the form of the regiment internal.

Art. 4th The choice of entities and social movements of SUS users, of the entities of health care professionals and the health area scientific community, health service provider entities and business entities with health care activities that will indicate their representatives to compose the CNS, will be done by means of electoral process, to be held every three years, counted from the first election.

Single Paragraph. You will only be able to participate in the electoral process, as an elector or candidate, the entities that treat the incisos I to IV of the art. 5th, which have, at the very least, two years of proven existence.

Art. 5th For the purpose of applying this Decree, define yourself as:

I-entities and national social movements of SUS users-those who have acting and representation in at least one third of the units of the Federation and three geographic regions of the Country ;

II-national entities of health professionals, including the scientific community-those that have acting and representation in at least one third of the units of the Federation and three geographical regions of the Country, vetoed the participation of entities from representatives of professional specialties ;

III-national entities of health service providers-those that condo hospitals, private health establishments and services, with or without profit, and that have acting and representation in at least one third of the units of the Federation and three geographical regions of the Country ; and

IV-national business entities with activities in the area of health-the national confederations of industry, trade, agriculture and transportation that have acting and representation in at least a third of the units of the Federation and three geographical regions of the Country.

Single Paragraph. The CNS collaborators are considered to be the universities and the other national entities, representative of professionals and users of health services.

Art. 6th The President of the CNS will be elected, among the titular counsellors, in scrutiny secret, in the meeting in which they take possession of the new members, voting only the titular members.

Art. 7th the mandate of the members of the CNS will be three years, allowed only a reconduct.

Single Paragraph. The reconduct of which treats this article only applies to the members of the elected entities and social movements whose entities have been re-elected.

Art. 8th The electoral process to which the art refers. 4th, for the choice of entities that will appoint representatives in replacement to the current members of the CNS, will be held in up to ninety days, counted from the publication of this Decree, in accordance with the electoral regiment to be approved by the plenum of the CNS, homologated by the Minister of State for Health and published in the Union Official Journal in the form of resolution

Single Paragraph. Completed the election referred to in the caput and assigned the new representatives of the CNS, it will be up to the Minister of State for Health to convene and chair the meeting in which he will take office the advisers and in which the election of the President of the Council will be held.

Art. 9th Stay delegated competence to the Minister of State for Health to designate the representatives of the Federal Government, CONASS, CONASEMS, entities and elected social movements, noted the indications of which they treat § § 1st and 2nd Art. 3rd and the result of the electoral process provided for in art. 4th.

Art. 10. The duties of a member of the CNS will not be remunerated, considering their relevant exercise public service.

Single Paragraph. For purposes of justification with the competent bodies, the CNS may issue declaration of participation of its members during the period of the meetings, capacity-specific empowerment and actions.

Art. 11. The organization and operation of the CNS will be disciplined in internal regiment, approved by the plenary and approved by the Minister of State for Health

Art. 12. The CNS may invite national or foreign entities, authorities, scientists and technicians to collaborate in studies or participate in committees instituted within the framework of the CNS under the coordination of one of its members.

§ 1st The Council may constitute commissions for the purpose of promoting studies with views to the compatibility of policies and programs of interest to health, whose execution involves areas not understood within SUS, especially in the areas of:

I-food and nutrition ;

II-sanitation and environment ;

III-health surveillance and pharmacoepidemiology ;

IV-human resources ;

V-science and technology ; and

VI-health of the worker.

Art. 13. Integration committees will be set up between health services and vocational and higher education institutions, with the purpose of proposing priorities, methods and strategies for the training and permanent education of human resources of SUS, well so in relation to research and technical cooperation among these institutions

Art. 14. The mandate of the current members of the CNS will terminate with the inauguration of the new advisers.

Art. 15. This Decree shall enter into force on the date of its publication.

Art. 16. The Decrees shall be repealed in the 99,438, August 7, 1990, 4,878, November 18, 2003, 5,485, July 4, 2005, and 5,692, of February 7, 2006.

Brasilia, July 11, 2006 ; 185th of the Independence and 118th of the Republic.

LUIZ INACIO LULA DA SILVA

Jose Agenor Álvares da Silva

This text does not replace the published in the D.O.U. of 7/12/2006