Read the untranslated law here: http://app.parlamento.pt/webutils/docs/doc.pdf?path=6148523063446f764c3246795a5868774d546f334e7a67774c336470626d6c7561574e7059585270646d467a4c316776644756346447397a4c334271624455774d7931594c6d527659773d3d&fich=pjl503-X.doc&Inline=false
1 Group draft law No. 503/X right to monitor the users of emergency services of the national health service (NHS) explanatory memorandum to the Portuguese legislation establishes a set of rights for users of the NHS, in particular, the rights of access and monitoring, but only in the family. In the case of children and adolescents, the legislation allows and defines clearly the right of accompaniment in wards of hospitals. The same is true in the case of patients with disabilities. The same is not the case with the emergency services. In the absence of any specific legislation on the subject, the hospitals have adopted very different solutions. There are hospitals that prevent outright the monitoring of citizens allowed in its emergency room, and others, in that this monitoring is allowed, however the conditions in which such is permitted. In 2006 have been admitted in hospitals about 6,500,000 people of Portuguese. This number can also be added the 5,500,000 people who resorted to SAP. The your medical condition is obviously very varied from 2 agónicas situations of extreme gravity to other less serious cases, in which there is no loss or limitation or the autonomy of the patient or their abilities to communicate and understand. Despite this variety of clinical situations the use of an emergency room is always a moment of great embrittlement of the patient that, generally speaking, is dominated by feelings of insecurity, anguish and anxiety. Often the patient who enters the urgency of a hospital feels lost in an unknown and is confronted with an environment that is perceived as hostile. The emergency services of our hospitals are still the main gateway in the NHS. The high number of patients who come to the ER – usually overcrowded and where almost always wait long hours to be entertained or conduct all examinations or treatments prescribed, it is also a factor that greatly contributes to the disruption felt by patients admitted. Impersonality this kind of services wherever the pros want patients remain usually for short periods of time, also contributes to worsen and deteriorate the psychological condition of patients. In summary, the desired humanisation of health services is particularly difficult to achieve and ensure in the hospital emergency room where, for the reasons described, almost everything is and inconvenient for the patient adverse. Children, young people and the elderly are certainly the most feel unsupported again and unprotected when enter in an emergency room. The experience of hospital emergency services demonstrates indelibly a patient anxious, insecure and uneasy is a disturbing element of organization and functioning of an emergency. And, of course, is an added difficulty to the success and effectiveness of care and treatment provided. The tranquility and emotional stability of the patient admitted to a emergency service can benefit from the presence of a companion with you – 3 family or friend, not only while you're waiting to be answered but also in between – as a rule long, between observations, examination or treatment. This follow-up give psychological comfort, generates confidence in the services and enhances the availability of the patient to accept and comply with the prescribed guidelines. On the other hand, sometimes the date is essential for a more detailed knowledge of the background and the clinical history of the patient, thus facilitating the work of professionals in both diagnosis as treatment. In the case of patients who do not speak and/or listen and who do not speak the Portuguese language, the monitoring is an essential means to approach your clinical situation. Is evidence that, at present, some emergency services do not have the facilities to allow the presence of escorts with the patients, in some cases by other space shortage for organising the area available. The Government recently approved a reclassification of national emergency network that provides for the existence and operation of three types of ER: multipurpose, basic surgical belts and trusses. A large number of these services will be necessary to perform works of expansion, remodeling or adaptation, as appropriate, so that these urgencies are able to adapt to your new status. It is therefore the time more appropriate to introduce and ensure in their refurbishment projects logistic conditions permitting the monitoring of patients. Finally, it should be recognised that for many professionals of the emergency services, the presence of escorts with the patients can give rise to some fear and strangeness and even be understood as a further factor in the disruption of your work. So it happened a few years ago when parents began to follow their underage children on the wards. However, the good results and the experience accumulated, however soon lifted 4 questions and resistance on the part of health professionals. The family of patients monitoring during your stay in the emergency services has great potential as a factor of humanization of hospitals and instrument for a better and more effective relationship between users and outreach health services. Must be enshrined as a right of the users of the NHS, exercised in accordance with the instructions of the professionals and applied according to the best practices of organization and functioning of emergency services.
Accordingly, and pursuant to the constitutional provisions and regulations applicable, the female members and members of Left block present the following draft law: article 1 right to accompaniment is recognized and guaranteed to every citizen admitted in an Emergency Department of the national health service the right to accompaniment by family member or friend.
Article 2 Date 1-any citizen who chooses to exercise the right of accompaniment, has to authorize the family member or friend who will accompany you, except in the case referred to in the following paragraph 2-whenever the clinical situation of the patient do not allow the Declaration of your will, the services may require the demonstration of kinship or of respect invoked by date, but cannot prevent the accompaniment.
Article 3 Limits the right to follow 1-Except exceptional situations, is not allowed to monitor or watch the surgeries and 5 other tests or treatments that, by nature, your can see your effectiveness and undermined by the presence of the escort. 2-in the cases referred to in the preceding paragraph, the health professional responsible for the implementation of the Act in question – clinical exam, technique or treatment, inform and explain to escort the reasons that prevent the continuation of the monitoring.
Article 4 efficiency of health care delivery monitoring cannot harm the organisation and operation of the emergency services, nor compromise the conditions and technical requirements that must comply with the provision of medical care if they are to be effective.
Article 5 duties of the escort 1-the chaperone shall respect and abide by the instructions and indications, duly substantiated, of service professionals. 2-in the case of disobedience or disrespect, services may prevent the date to remain with the patient and determine your way out of the emergency room.
Article 6 Adaptation of the services NHS institutions with emergency service shall, within 180 days from the date of publication of this law, make the necessary changes in the facilities, organization and functioning of their emergency rooms, so that patients can enjoy the right to follow up without causing any prejudice to normal functioning of those services. 6 article 7 of law Regulations monitoring in emergency services should be enshrined in the rules of the respective health institution, which must define with clarity and precision the respective norms and conditions of application.
Assembly of the Republic, 03 April 2008 The Members and members of left-wing Block
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