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1 DRAFT law No. 400/X family Accompaniment of children and people with disabilities interned explanatory statement the legal regime of monitoring of child and person with disabilities interned in hospital or health unit is dispersed and legislation does not provide for the right to follow up can be restricted for reasons of public health.
Being clear that this right may not be absolute, the law must provide that the attending physician can by evaluation of the case, stop the monitoring, in cases where the person hospitalized is suffering from a communicable disease and in the contact with others constitutes a risk to public health.
Without introducing any substantive amendments to the scheme of hospital follow-up material, adds one degree the legal rules relating to hospital monitoring scattered in law No. 21/81 of 19 August (family of monitoring child hospitalized), 109/97 law, of 16 September (family disability monitoring hospitalized) and Decree-Law No. 26/87 on January 13, which provides for the right to a free meal for the escort of children hospitalized, making however depend on this law of the fact that the date be exempt from the payment of moderating rate.
Enjoy, to upgrade the monitoring scheme, extending it, in terms of humanization of care to other people such as the elderly in a State of dependency, and conforming the age of the child for all legal purposes to the international instruments to which Portugal is a signatory, including the Convention of the Rights of the child, 2 settling extending the scheme to all people aged up to 18 years.
Finally, the extension and upgrading of the right to free meal, that become holders, verified certain conditions, the escorts of the inpatients.
So, in order to allow for the limitation of the right to permanent monitoring, based on the fact that follow constitute a risk to public health, the Members of the parliamentary group of the Socialist Party, present the following draft law: article 1 Scope this law estabelce the regime of monitoring child family, person with disabilities, elderly people in a situation of dependency and people with incurable disease in advanced stage and in final stage of life, in hospital or health unit.
Article 2 1 Monitoring family child admitted. The child, aged up to 18 years, admitted in hospital or health unit, is entitled to the permanent monitoring of the father and of the mother, or of person who replace them. 2. The child over the age of 14 years may, if so wishes, designate the person date, or even do without her, without prejudice to the application of article 6. 3. The Office of the monitoring provided for in this law, is free, and the hospital or health unit require any retribution. 4. In cases where the child is in the hospital suffering from a communicable disease and in the contact with others constitutes a public health risk, the right monitor may terminate or be limited by the physician in charge.
3 article 3 Accompanying dependants family 1. Disabled people, elderly people in a situation of dependency, people with incurable disease in advanced state and people in end-of-life State, admitted to hospital or health unit, are entitled to the permanent monitoring of ascendant, descendant, spouse or treated as such, and in the absence or impediment of these, familiar or person to take your place. 2. it is applicable to the monitoring of people identified family in the preceding paragraph the numbers 3 and 4 of the preceding article.
Article 4 monitoring conditions 1. The family's permanent monitoring exercised both during the day as at night, and with respect for the instructions and technical rules relating to health care and by other rules laid down in the relevant regulation. 2. except in exceptional cases, it is forbidden to date watch surgical procedures that the person committed to be submitted, as well as the treatments in which its presence is detrimental to the correction and validity of same.
Article 5 cooperation between the escort and the services 1. Health professionals must provide the date the appropriate information and guidance, so that it can, if it wishes, under the supervision of those, collaborate in the provision of care to inpatients. 2. Escorts shall comply with the instructions, in accordance with this law, they are given by health professionals.
Article 6 the date of inpatients Meals, is entitled to free meal, at the hospital or health unit, always stay in the institution 6 hours per day, is exempt from the payment of moderating rate access to health services within the National Health System, and since verified one of the following conditions: a) the inpatients is in danger of life; 4 b) inpatients in the postoperative period and until 48 hours after the intervention; c) when the date is mother and breast-feeding the child admitted; d) when the person hospitalized are isolated for reasons of discretion, surgical; and) when the date of which lies at a distance of more than 30 km of where the hospital or health facility where the internment.
Article 7 absence of date When the person committed cannot be accompanied in accordance with this law, the administration of the hospital or health unit shall arrange for the person in the facility is given personalized attention by changing the nurse/patient ratio.
Article 8 Standard set shall be repealed law No. 21/81, of 19 August, the law No. 109/97, of 16 September.
Article 9 Transitional Standard article 4 of this law shall enter into force with the State budget for 2008, remaining until that date into force the Decree-Law No. 26/87, of 13 January.
S. Bento, July 20 2007 Members
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