Key Benefits:
PORTUGUESE COMMUNIST PARTY
Parliamentary Group
Draft Law No. 139 /XII/1ª
Status of the Blood Dador
Exhibition of Motives Blood donation is a sympathetic and voluntary act of thousands of Portuguese with a single
goal-contribute to saving lives. It is this attitude, of citizenship that allows the state to have
blood available for whoever he will need. That's how it should go on!
We reject any possibility of the existence of commercial activity of human blood. The
gift of blood is free of charge.
The country's self-sufficiency in terms of blood units is indispensable for the health of the
Portuguese, so you need to create the conditions that maintain the current level of collection
of blood in Portugal, but mainly allowing to extend the number of donors of
blood.
Are many blood donors and blood donor associations that voluntarily
dye to the collection of blood across the country, promoting own initiatives in
articulation, up to the moment, with the Portuguese Institute of Blood and Transplantation, IP.
They also develop many awareness campaigns of the Portuguese for the
need for the donations of blood.
In our opinion it is very important for the Government to publicly acknowledge the commitment and
the work developed by these associations, but mainly the individual contribution,
volunteer and sympathetic to each of the blood donors.
In reality blood donors find a set of embarrassments that don't
encourage, nor stimulate to the gift of blood, that it matters to change. In many companies and
workplaces there are difficulties that limit the availability of the workers to the
blood donation, for example do not consider the lack justified when the worker if
absent for this reason. The rise in precariousness in labour relations, the fear of
dismissal or loss of premiums, clearly do not promote, nor allow the
widening of the available workers for the donation of blood.
The new regime of moderating rates removes exemption from the moderating rates of donor
blood in the hospital units, maintaining only in the primary health care. From this
form, the Government does not contribute to the increase in the donation of blood, quite the contrary,
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can even lead to its reduction, with the serious implications in the National Health Service.
In this sense, the state runs the serious risk of not having the blood units needed to
the health care and saving lives, or will increase SNS costs to acquire some
units of blood to other countries, certainly in upstream to the raised with the
collection of fees to donors.
Blood donors and blood donor associations have not been given the appropriate value and
recognition of the Government, taking into account its generous contribution to the health of the
Portuguese and for the National Health Service.
The Associations of Sang Dators of the Castle District of the Castle have dined a petition
public with a view to the discussion in the Assembly of the Republic the Statute of the Blood Dancer,
subscribed by 4500 people and more than half a hundred associations of blood donors to
national level.
We believe that the Government has a responsibility to encourage, disseminate and collect the donation
of blood.
The creation of the Statute of the Blood Donor allows to ensure the rights and duties of the
blood donors, ensure the conditions that stimulate the increase of people with
availability to donate blood, for example through the exemption of the moderating rates, from the
guarantee of workers ' rights or health care in case of need in the
sequence of the donations of blood.
Thus, under the legal and regimental provisions applicable to the Parliamentary Group of the CFP
presents the following Law Project:
Article 1º
General Principles
1-Compete to the State to ensure all citizens access to the therapeutic use of the
blood, its components and derivatives, as well as to ensure the means necessary to its correct
getting, preparation, conservation, fractionation, distribution and use.
2-A The collective satisfaction of blood-related needs constitutes the duty of all
the citizens.
3-After harvested, blood considers itself a gift to the community, not being susceptible to
commercial transaction.
4-It is prohibited all and any marketing of human blood.
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From the donor and the blood donation
Article 2.
Donor of blood
1-Understand by Blood Dador the one who, after clinically accepting, donates
benevolently, in a voluntary and regular manner, part of your blood.
2-Can donate your blood all individuals who present good health status,
recognized by the Physician in the pre-donation clinical / laboratory exams.
3-The situation of donor of blood corresponds to the assignment of a national donor card of
blood, to be issued by the service responsible for the respect register and which should accompany the
donor in their relations with the Blood Transfusion Services contacted.
4-The model of the card referred to in the preceding paragraph shall be fixed by porterie of the Minister of
Health
Article 3.
Gift of blood
1-A blood donation constitutes a civic and strictly personal act.
2-In such a way as to ensure the availability and accessibility of blood and blood components
of quality, safe and effective, the character of the donations, in particular their regularity,
definition of blood unit, breaks of the donations and other aspets related to the
gift should meet the criteria set by the Portuguese Institute of Blood and the
Transplantation, IP according to scientific technical knowledge and compliance of the
applicable guidelines.
Of the duties of the blood donor
Article 4.
Duties of the blood donor
1-Blood donors must observe the technical and scientific standards beforehand
established, with a view to the defence of their health and the ill-receiver.
2-Compete to blood services the guarantee that donors of total blood and of
blood components meet all the eligibility criteria.
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3-Blood donors should collaborate with the Health and Immuno Services-
Hemotherapy, in particular through the fulfillment of the following assumptions:
a) The consent to the donation of blood shall be formalized in writing, through the
filler of the model approved by the responsible public entity.
b) Blood donors must provide the blood services with the requested information
by the responsible public entity, responding with truth, conscience and
responsibility.
c) The blood donor is found to be subordinate to strict eligibility criteria with
a view to the preservation of your health protecting the receiver from any risks of unfetching
or contagion
d) the donor eligibility criteria are met by the entity
responsible public, and may at all time be adjusted by Portaria of the Minister
of Health.
Of the rights of the blood donor
Article 5.
Rights of the blood donor
Blood donors are devoted to the following rights:
a) The safeguarding of the physical and psychological integrity of blood donors, and of their
own life.
b) To be informed by Transfusion Services regarding the blood components
and other elements also considered by the responsible public entity.
c) The personal data relating to donors, their treatment and interconnection will be
used only for therapeutic and public health purposes, being subject to secrecy
professional and appropriate measures of security and confidentiality.
d) Access to the personal data of blood donors depends on prior authorization of the
National Data Protection Commission, pursuant to paragraph 1 (d) of the article
28. of Law No. 67/98 of October 26.
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e) To the donor is guaranteed the confidentiality of all information related to your
health, with the results of the analyses of your donations and with the traceability of your
dondiva.
f) The rights of the holder of the personal data, records, as well as all information
linked to the health of donors enjoy the freedoms and guarantees enshrined in the
Constitution and the law.
g) The right to information, access, rectification and deletion, opposition and other rights
of the holders of the data understood in the systems for the registration of donations and of
donors exercise in the terms of the Act.
h) In the blood services there must be a place intended for personal interviews having
in view of the assessment and eligibility of donors, and which must be individualized from the
processing zones .
i) Decide with medical accompaniance to your continuity as a blood donor
Article 6º
Moderating rates
1-The State should provide donors with regular medical assistance.
2-Blood donors are exempt from the payment of the moderating fees,
extending to those who:
(a) they are prevented definitively, for clinical reasons, or by age limit for
the gift of blood (65 years), and have reached at least donated regularly
in a period of 3 years (corresponds to the 10 donations)
b) For duly substantiated clinical reasons, or for reasons that are not
imputable, come to find themselves temporarily prevented from the donation, and since
who have donated regularly in a period of 1.5 years.
c) In the case provided for in the preceding paragraph, the exemption from the payment of the moderating fee
depends on the annual clinical re-evaluation confirming the reasons that warranted the
temporary impediment.
3-If, in the sequence of blood donation, a related anomalous situation occurs
with the procedure, they must be ensured by the SNS to the donor, and in a gratuitous manner,
all care indispensable to the reposition of your state of health
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4-Loss the right to the benefits referred to in numbers 2 and 4 antecedents the
donors who disrupt without justified reason, for more than 24 months, the gift
of blood.
Article 7º
Absence of the professional activities
1-If they are requested by any of the services of the national transfusion network of
blood or if the gift is for their initiative, the donors are allowed to
absent themselves from your professional activity for the time required for your recovery
physics.
2-For the purposes of the preceding paragraph, the absence of the donor is justified by the Institute
Portuguese of Blood and Transplantation, IP.
3-The donor considers himself to be summoned provided that the minimum interval has been fixed
among the donations would proceed in a voluntary way to Transfusion Services to effecting
new blood donation, making them as regular as possible.
4-Clinical Officer by Transfusion Services may establish that the
donors who exercise certain occupations only resume their activity
normal elapsed the period of time after donation per se defined.
5-The provisions of this Article shall not imply the loss of any rights of the
donor worker.
Article 8 para.
Blood Dating Associations
1-The State recognizes the importance of blood donor organizations as
entities in the defense of the donor, in the dynamization of the blood donation and the
clarification of the population.
2-The Health and Immuno-Hemotherapy Services should hold with these entities
a special articulation, ensuring the best relationship with donors and the
greater effectiveness in the blood donation process.
3-Considerate associations of blood donors the organizations that have
how to object the selfless and disinterested promotion of the gift of blood, stimulating
this practice among citizens.
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4-Blood donor organizations-as main actors of the " promotion of the
blood-beneficial gift "-collaborate with the official entities in the promotion and
development of campaigns related to the donations of blood.
4-The Portuguese Institute of Blood and Transplantation, IP should listen to organizations
representatives of the national level blood donor associations on the
activity plans that elaborate.
5-Blood donors can freely and voluntarily constitute themselves in organisations
of blood donors (associations, alloys, groups or similar entities that target the
same purposes), and freely of them resign without loss of any of the rights that
in the Act are consigned to them, sendoing them however vetted to effecter this inscription on
more than one entity.
6-The legally constituted Blood Dating Organizations, may, by their
time, fillling in Federations, Ligas or Fundaments that target statutorily identical
purposes.
Article 9º
Visits to patients admitted
1-Blood donors are assured of free visit to patients admitted to the
hospital establishments of the National Health Service, during the period
established for the purpose.
2-Excecionally, the visit may be authorized outside the established time, and by the
space of time defined by the Hospital Establishment.
Article 10º
Entry into force
This Law shall come into force on the day following its publication.
Assembly of the Republic, January 13, 2012
The Deputies,