Decree No. 5,839, Of 11 July 2006

Original Language Title: Decreto nº 5.839, de 11 de Julho de 2006

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Decree No. 5,839, of 11 JULY 2006.
Has on the Organization, the tasks and the electoral process of the National Council of health-CNS and other matters.
The PRESIDENT of the REPUBLIC, in the use of the role that gives the art. 84, item VI, subparagraph??, of the Constitution, and in view of the provisions of arts. 11 and 12 of Decree-Law No. 200, 25 February 1967, and in art. 57 of Law 8,028 of 12 in April 1990, DECREES: Art. 1st National Health Council-CNS, collegial body of permanent and deliberative character, Member of the regimental structure of the Ministry of health, is composed of representatives of the Government, service providers, health professionals and users, whose decisions, embodied in resolutions, are approved by the Minister of State for health.
Art. 2nd to CNS racing: I-act 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 economic and financial aspects;
II-establish guidelines to be observed in the development of health plans, depending on the epidemiological characteristics and the Organization of services;
III-elaborate schedule of transfer of financial resources to the States, the Federal District and the municipalities, under the Sistema Único de Saúde-SUS;
IV. approve the criteria and the values for remuneration of services and coverage parameters of assistance;
V-propose criteria for the definition of standards and assistance parameters;
VI-monitor and control the performance of the private healthcare sector, accredited by contract or agreement;
VII-follow the process of scientific and technological development and incorporation in the area of health, aiming at observing ethical standards compatible with the socio-cultural development of the country; and VIII-link up with the Ministry of education regarding the creation of new courses of higher education in the area of health, with regard to the characterization of social needs.
Art. 3 the CNS is composed of 48 members, being: I-50% of representatives of organisations and social movements of users of SUS; and II-50% of representatives of organizations of health professionals, including the scientific community, health care, Government, representatives of health service providers, the National Council of Secretaries of health-CONASS, of the National Council of Municipal Secretaries of health-CONASEMS and business entities with activity in the area of health.
§ 1 the percentage of item II of the caput of this article will notice as follows: I-25% of representatives of organizations of health professionals, including health research community;
II-25% of representatives distributed as follows: a) six members representatives of the Federal Government;
(b)) a Member representative of CONASS;
c) a Member representative of CONASEMS;
d) two representatives of entities members of health service providers; and e) two members representatives of business entities with activities in the area of health.
§ 2 the representatives what are points? b? the? and? of item II of § 1 shall be appointed respectively by the Presidents of organizations represented.
§ 3 The full members will have first and second alternates, indicated in the form of the internal regulations.
Art. 4 the choice of organisations and social movements of the SUS, users of organizations of health professionals and the scientific community, health organisations and health service providers of business entities with activities in the area of health that indicate their representatives to form the CNS, will be made through the electoral process, to be held every three years from the first election.
Sole paragraph. Can only participate in the electoral process, such as voter or candidate, the entities in items I to IV of the art. 5, which have at least two years of proven existence.
Art. 5 for the purposes of application of this Decree, are defined as: (I)-entities and national social movements of SUS users-those who have expertise and representation in at least one-third of the units of the Federation and three geographical regions of the country;
II-national entities of health professionals, including the scientific community-those who have expertise and representation in at least one-third of the units of the Federation and three geographical regions of the country, prohibited the participation of representatives of professional specialities;
III-national entities of health service providers-those bringing together hospitals, establishments and private health services, whether for profit or not, and who have expertise 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 Confederation of industry, Commerce, agriculture and transport that have expertise and representation in at least one-third of the units of the Federation and three geographical regions of the country.
Sole paragraph. The following shall be considered as collaborators of the CNS universities and other entities nationwide, representing professionals and users of health services.
Art. 6th President of the CNS will be elected among the Board members, in secret ballot, at the meeting in which they take possession of the new members, voting members only.
Art. 7. The term of Office of the members of the CNS will be three years, allowed only a renewal.
Sole paragraph. The renewal of this article only applies to members of organisations and social movements whose bodies have been elected reeleitas.
Art. 8. The electoral procedure referred to in art. 4, for the choice of entities that will display in place of current members of the CNS, will be held in up to 90 days, counted from the publication of this Decree, in accordance with the election rules to be approved by the plenary of the CNS, approved by the Minister of health and published in the Official Gazette in the form of a resolution.
Sole paragraph. Complete the election referred to in the caput and designated the new representatives of the CNS, the State Minister of health convene and preside over the meeting in which they will take possession and Councillors will hold the election of the President of the Council.
Art. 9th Is delegated to the Minister of health to designate representatives of the Federal Government, the, CONASEMS CONASS, of organisations and social movements, in compliance with the indications that treat the §§ 1 and 2 of art. 3 and the outcome of the electoral process provided for in art. 4. Art. 10. The member functions of the CNS are not remunerated, considering the relevant exercise your public service.
Sole paragraph. For the purpose of justification with the competent bodies, the CNS may issue a declaration of participation of its members during the period of meetings, trainings and specific actions.
Art. 11. The organization and functioning of the CNS will be disciplined in internal regulations, approved by the House and approved by the Minister of State for health.
Art. 12. The CNS may invite organizations, authorities, scientists and national or foreign technicians to collaborate on studies or participate in committees established within the CNS, under the coordination of one of its members.
§ 1 the Council may establish committees for the purpose of promoting studies aiming at compatibility of policies and programs of interest for health, which involve areas not included within the 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 health of the worker.
Art. 13. There shall be established a Committee of integration between health services and professional and higher education institutions, with the purpose of proposing priorities, methods and strategies for training and permanent education of human resources of SUS, in relation to research and technical cooperation among these institutions.
Art. 14. The mandate of the current members of the CNS closed with the investiture of new Councillors.
Art. 15. This Decree shall enter into force on the date of your publication.
Art. 16. Get revoked decrees in 99,438, of 7 August 1990, 4,878, November 18, 2003 5,485, of 4 July 2005, and 5,692, of 7 February 2006.
Brasilia, July 11 2006; 185 of independence and 118 of the Republic.
LUIZ INACIO LULA DA SILVA Jose Agenor Álvares da Silva this text does not replace that published in the D.O.U. of 12.7.2006

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