DECREE NO7,616, DE November 17, 2011

Disposes about the emergency declaration in Public Health of National Importance-ESPIN and Establish the National Force of the Single Health System-FN-SUS.

THE PRESIDENT OF THE REPUBLIC, in the use of the assignments that confers him on art. 84, incisos IV and VI, paragraph "a" of the Constitution, and in view of the provisions of the sole paragraph of art. 16 of Law No. 8,080 of September 19, 1990, and § 4º of the art. 2º of Law No. 8,745 of December 9, 1993,

DECRETA:

Art. 1º This Decree has on the declaration of Emergency in Public Health of National Importance-ESPIN and establishes the National Force of the Single Health System-FN-SUS.

CHAPTER I

DA DECLARATION OF EMERGENCY IN PUBLIC HEALTH

OF NATIONAL IMPORTANCE

Art. 2º The Emergency Statement in Public Health of National Importance-ESPIN will occur in situations that demand urgent employment of measures of prevention, control and containment of risks, damage and aggravation to public health.

Art. 3º ESPIN will be declared by virtue of the occurrence of the following situations:

I-epidemiological ;

II-of disasters ; or

III-of disassistance to the population.

§ 1º Consideration of epidemiological situations, for the purposes of application of the inciso I of the caput, the surges or epidemics that:

I-present risk of national dissemination ;

II-be produced by unexpected infective agents ;

III-represent the reintroduction of eradicated disease ;

IV-present high gravity ; or

V-extrapolate the response capacity of the state direction of the Single Health System-SUS.

§ 2º Consideration of disaster situations, for the purposes of the application of the inciso II of the caput, the events that set up emergency situation or state of public calamity recognized by the federal Executive Power under Law No. 12,340, 1st December 2010, and which entail direct acting in the public health area.

§ 3º We consider situations of disassistance to the population, for the purposes of the application of the inciso III of the caput, the event that, duly recognized upon declaration of emergency situation or public calamity by the affected federated liver, puts at risk the health of citizens by disability or insufficiency of demand and demand that extrapolates the response capacity of the SUS state and municipal directions

Art. 4th The declaration of ESPIN will be effected by the federal Executive Power, by means of act by the Minister of State for Health, after analysis of:

I-recommendation of the Office of Surveillance in Health of the Ministry of Health, in cases of situations epidemiological ;

II-application of the Ministry of National Integration, after the recognition of the emergency or state of public calamity, when public health measures are needed in the cases of disasters ; or

III-application of the Executive Power of the State, the Federal District or the affected Municipality, upon favourable opinion of the Health Ministry's Health Attention Secretary in the case of disassistance to the population.

§ 1º In the case in the inciso III of the caput, the Ministry of Health will communicate to the Ministry of National Integration of application forwarding, for evaluation of the need for joint acting.

§ 2º The recommendation and the applications for dealing with this article will be addressed to the Minister of State of Health for assessment.

Art. 5º The recommendation referred to in the inciso I of the caput of the art. 4º should contain the following information:

I-technical report on risk of disease spread or health aggravation, including with analysis of the information obtained about the occurrence ;

II-level of severity of the emergency in public health or its unusual or unexpected nature with indication of propagation potential ;

III-levels of morbidity, lethality and contamination that have occurred or that may occur in determined locality ; and

IV-description of the environmental aspects of the event, should it apply, and other information pertinent technicians, as per the case.

Single Paragraph. The recommendation that it treats caput will be formalized by the Health Ministry's Office of Surveillance in Health, when detected epidemiological situation that requires the adoption of measures to, among other purposes, disrupt the propagation or spread of diseases or aggravation.

Art. 6º The application provided for in the inciso II of the caput of the art. 4º will be instructed with:

I-act of recognition of the emergency situation or state of calamity by the Minister of State of the National Integration ; and

II-term of motivation, with the following information:

a) type of disaster, according to the encoding of disasters, threats and risks defined by the Ministry of National Integration ;

b) date and location of the disaster ;

c) description of the affected area, the causes and effects of the disaster ;

d) estimation of human, materials, environmental and essential health services impaired ;

e) measures and actions in progress ;

f) information on capacity of acting and human resources, materials, institutional and financial to be employed by the federated ones involved for the restoration of normality ; and

g) other information available about the disaster and its effects.

Art. 7º The application referred to in the inciso III of the caput of the art. 4º should be instructed with:

I-act of the federated one that decreed the emergency situation or state of public calamity location ; and

II-term of motivation, with the following information:

a) type of disassistance by specialty, as per the provisions of the National Share Relationship and Health Services-RENASES ;

b) date and location of disassistance ;

c) description of the affected area, causes and effects of disassistance ;

d) estimation of human, materials, environmental and essential health services impaired ;

e) measures and actions in progress ;

f) information on capacity of acting and human resources, materials, institutional and financial to be employed by the applicant federated liver for the restoration of normality ; and

g) other available information about disassistance and its effects.

Art. 8º The Minister of State for Health may set out additional requirements for the ESPIN declaration and dispense with the requirements referred to in the inciso II of the caput of the art. 6º, and inciso II of the caput of art. 7º, considering the intensity of the disaster or the situation of disassistance to the population and its social, economic, or environmental impact.

Art. 9º After the finding of the fulfillment of the requirements laid down in this Decree, the Minister of State for Health will decide, in a motivated act, regarding the declaration of the ESPIN.

Art. 10. The statement act of the ESPIN will contain:

I-delimitation of the territorial circumscribed object of the declaration ;

II-guidelines and measures that will northen the development of the actions aimed at solving the emergency into public health ; and

III-designation of the representative of the Ministry of Health responsible for the coordination of measures to are performed during ESPIN.

§ 1º These are assignments of the representative of the Ministry of Health designated to coordinate the measures to are performed during the ESPIN, pursuant to the inciso III of the art's caput . 10:

I-plan, organize, coordinate and control the measures to be employed during ESPIN, in the terms of the guidelines set by the Minister of State for Health ;

II-articulate with the state, district and municipal managers of SUS ;

III-refer to the Minister of State for Health, regularly or on request, technical reports on the ESPIN and the ongoing administrative actions ;

IV-disseminate to the population information regarding ESPIN ;

V-propose, in a justified manner, to the Minister of State for Health:

a) the triggering of the FN-SUS;

b) the temporary hiring of professionals, in accordance with the provisions of the inciso II of the caput of the art. 2º of Law No. 8,745 of December 9, 1993 ;

c) the acquisition of goods and the hiring of services required for the performance at ESPIN ;

d) the application of goods and services, of both natural and legal persons, in the terms of the inciso XIII of the caput of the art. 15 of Law No. 8,080 of September 19, 1990 ; and

and) the closure of the ESPIN.

§ 2º The representative of the Ministry of Health that it treats this article is authorized to delegate the assignments of which it treats § 1º.

Art. 11. Declared to ESPIN, the Ministry of Health may:

I-convene the FN-SUS;

II-requisition, in its administrative scope, goods and services, both from natural persons and from legal, and I shall provide them with fair compensation, pursuant to the provisions of the inciso XIII of the caput of the art. 15 of Law No. 8,080, 1990 ; and

III-hire, in conjunction with the Minister of State for Planning, Budget and Management, health professionals, for a given time and on grounds of exceptional public interest, under the provisions of the article's inciso II of the caput of the art. 2º of Law No. 8,745, 1993.

Single Paragraph. In the case of the inciso III of the caput, joint act of the State Ministers of Planning, Budget and Management and Health will establish guidelines for remuneration of personnel contracted temporarily under this Decree.

CHAPTER II

DA NATIONAL STRENGTH OF THE SINGLE HEALTH SYSTEM

Art. 12. It is instituted the National Task Force of the Single Health System-FN-SUS as cooperation program aimed at the implementation of prevention measures, assistance and repression to epidemiological, disaster or disassistance situations to the population.

Single Paragraph. You will be able to voluntarily join FN-SUS with interested federates, by means of specific instrument.

Art. 13. It competes with the Ministry of Health, as the manager of the FN-SUS:

I-define the acting operational guidelines of the FN-SUS;

II-convene and coordinate the FN-SUS to act in the ESPIN declaration cases and other situations emergency in public health ;

III-define the criteria and mechanisms to evaluate FN-SUS support requests by party of the States, Municipalities and Federal District, when exhausted their response capabilities in emergency situations in public health ;

IV-establish the selection guidelines, permanent education and qualification for the FN-SUS;

V-retain cadaster of FN-SUS professional professionals to be summoned and mobilized for acting in the answer whenever you do need ;

VI-maintain enrollment of researchers and health experts, institutions and services that will behave the coordinated responses to emergencies in public health ;

VII-articulate with the other instances of SUS in the provision of labor force, logistics and of material resources to ensure the execution of the health actions of the FN-SUS;

VIII-soliciting support from other federal bodies and entities in the operationalization of response to emergencies in public health and disasters ; and

IX-celebrating contracts, arrangements and instruments of cooperation to ensure the workforce, logistics and material resources.

Single Paragraph. The act of the Minister of State for Health that summoning the FN-SUS will contain the limits and time limit of his acting.

Art. 14. The FN-SUS will be formed by teams of Union professionals who will act in conjunction with the other spheres of government and institutions involved in responding to emergency situations in public health.

Art. 15. You will be able to compose the FN-SUS:

I-servers or public employees of hospitals under federal management and university hospitals feds ;

II-servers or public employees of the Ministry of Health and linked entities ;

III-personnel engaged temporarily for exceptional public interest, under the Act No. 8,745, of 1993 ;

IV-servers or state public employees, district or municipal linked to SUS of the entes who join the FN-SUS; and

V-volunteers who act in the area of health.

§ 1º Participation in the FN-SUS will be promoted in accordance with the situation which originated the statement of ESPIN and its gravity.

§ 2º In the case of servers or public servants who do not integrate the Ministry personnel framework of Health, the designation to compose the cadaster of members of the FN-SUS should be requested to the Minister of State for Planning, Budget and Management.

§ 3º Public servants or employees linked to States, the Federal District or the Municipalities will be designated by the Ministry of Health to compose the FN-SUS, after prior indication of the respective federated liver.

§ 4º Public servants and employees that integrate the FN-SUS will be coordinated by the Ministry of Health only as long as it lasts its designation, without prejudice to its remuneration and its functional link with the organ or entity of origin.

Art. 16. Federal public servants summoned to act on the FN-SUS, when they move away from their headquarters, will do jus to daily and passages, under the terms of what art has. 58, of Law No. 8,112 of December 11, 1990.

Single Paragraph. Daily expenses and passages to which you refer to caput will run into the account of the budget allocations provided for the Ministry of Health.

Art. 17. The servers and public employees assigned to perform at the FN-SUS will work in an integrated manner with SUS's state, district and municipal direction.

Art. 18. The Armed Forces, upon permission of the President of the Republic, pursuant to the art 16 of the Supplementary Act No. 97 of June 9, 1999, will be able to offer facilities, human resources, transportation, logistics and training so as to contribute to the activities of the FN-SUS.

Single Paragraph. The expenses of the operations of the Armed Forces, pursuant to the provisions of the caput, will be costed with budget appropriations from the Ministry of Health.

Art. 19. Federal organs and entities, upon fitting with the Ministry of Health, will be able to offer facilities, human resources, transportation, logistics and training so as to contribute to the activities of the FN-SUS.

Art. 20. Federated ones who join the FN-SUS will be able to provide material and logistical resources for their operationalization.

Art. 21. The Ministry of Health will target specific budget resources for activation and maintenance of the FN-SUS.

Art. 22. The Ministry of Health will be able to summon the FN-SUS to integrate humanitarian actions and in coordinated international response when requested.

Art. 23. The Minister of State for Health may establish supplementary conditions for application of this Decree.

Art. 24. This Decree shall enter into force on the date of its publication.

Brasilia, November 17, 2011 ; 190º of the Independence and 123º of the Republic.

DILMA ROUSSEFF

Alexandre Rocha Santos Padilha

Miriam Belchior

Fernando Bezerra Coelho

Louis Inácio Lucena Adams