Blood Donor Status

Original Language Title: Estatuto do Dador de Sangue

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PORTUGUESE COMMUNIST PARTY Parliamentary Group Bill No. 139/XII/first Blood donor Status explanatory memorandum blood donation is an act of solidarity and volunteer from thousands of Portuguese with a single goal-to contribute to saving lives. Is this attitude of citizenship that allows the State to have blood available for those who need it. That's the way it should continue. We reject any possibility of the existence of commercial activity of human blood. Blood donation is free. The country's self-sufficiency in terms of units of blood is vital to the health of the Portuguese, so you need to create the conditions to maintain the current level of blood collection in Portugal, but mainly to allow extending the number of blood donors. There are many blood donors and blood donors who voluntarily streamline the collection of blood across the country, promoting initiatives in the joint, so far, with the Portuguese Institute of blood and Transplantation, IP. Develop too many awareness-raising campaigns of the Portuguese to the need for blood donation. In our opinion it is very important that the Government acknowledge publicly the commitment and the work undertaken by these associations, but particularly the individual contribution, volunteer and solidarity of each of the blood donors. In reality the blood donors are a set of constraints that do not encourage, nor encourage the donation of blood, that it is appropriate to amend. In many companies and workplaces there are difficulties that restrict the availability of workers for blood donation, for example do not consider the lack is justified when the worker is away for this reason. The increased insecurity in labour relations, the fear of dismissal or loss of prizes, clearly does not promote, nor allow the enlargement of workers available for blood donation. The new charges scheme removes the exemption of charges of blood donors in hospital units, keeping only in primary health care. In this way, the Government does not contribute to the increase of blood donation, on the contrary, it may even lead to your 2 reduction, with serious implications in the national health service. In this sense, the State runs the serious risk of not having the units of blood needed for health care and save lives, or increase the costs of the NHS to acquire some units of the other countries, certainly in excess of the amount collected with the collection of fees for donors. The blood donors and blood donor associations have not had the proper value and recognition from the Government, having regard to your generous contribution to the health of the Portuguese and the national health service. The Associations of blood donors in the District of Viana do Castelo-presented a petition with a view to public discussion in the Assembly of the Republic the blood donor Status, signed by 4500 people and more than half a hundred associations of blood donors at the national level. We understand that the Government has the responsibility to promote, disseminate and collect blood donation. The creation of the blood donor Status allows you to ensure that the rights and duties of the blood donors, to ensure the conditions that stimulate the increase of people willing to donate blood, for example through the exemption from user fees, guarantee workers ' rights or health care if necessary following the blood donation.

Thus, under the legal provisions and regulations applicable to the Parliamentary Group of the CFP introduced the following Bill: article 1 General principles 1-it is incumbent upon the State to ensure all citizens access to the therapeutic use of blood, its components and derivatives, as well as ensure the means necessary to correct your obtaining, preparation, preservation, fractionation, distribution and use. 2 – collective satisfaction of the needs related to the blood is the duty of all citizens. 3-After the coffee is picked, the blood is considered a gift to the community, not being susceptible of commercial transaction. 4-is prohibited any sale of human blood.

3 the donor and donation of blood article 2 1 blood donor-Donor means that blood that once accepted clinically, donates benevolamente, voluntarily and regular, part of your blood. 2-Can donate your blood all individuals that present good health, recognized by clinical/laboratory exams Doctor pré-dádiva. 3-the blood donor situation corresponds to assigning a national blood donor card, to be issued by the unit responsible for the respective registration and must accompany the donor in its relations with the Blood Transfusion Services contacted. 4-the model of the card referred to in the preceding paragraph shall be fixed by order of the Minister of health article 3 1 blood donation-blood donation is a civic Act and strictly personal. 2-to ensure the availability and accessibility of blood and blood components of quality, safe and effective, the nature of donations, including your regularity, definition of unit of blood, intervals of donations and other aspects relating to the donation must meet the criteria defined by the Portuguese Institute of blood and Transplantation, IP according to technical and scientific knowledge and compliance with the applicable guidelines.

The blood donor duties Article 4 duties of the blood donor 1-blood donors must meet the technical and scientific standards previously established, with a view to safeguarding the health of the patient and your receiver. 2-it is up to the blood establishments to guarantee that donors of whole blood and blood components meet all eligibility criteria.

4 3-blood donors must collaborate with health services and Immuno-Hematology, in particular through compliance with the following assumptions: a) the consent for blood donation should be formalised in writing, by completing the model approved by the responsible public entity. b) blood donors must provide blood services the information requested by the responsible public entity, responding with truth, conscience and responsibility. c) the blood donor is subject to strict eligibility criteria with a view to the preservation of your health by protecting the receiver of any risk of infection or contagion d) donor eligibility criteria are defined by the responsible public entity, and may at any time be set by order of the Minister of health.

Blood donor Rights article 5 rights of the blood donor To blood donors are enshrined the following rights: a) the safeguarding of the physical and psychological integrity of blood donors, and of your own life. b) to be informed by hospital blood banks about blood components and other elements also considered by the responsible public entity. c) personal data relating to your treatment, donors and will be used only for interconnection therapeutic and public health purposes, and subject to professional secrecy and the appropriate measures of security and confidentiality. d) access to personal data of blood donors depends on prior authorisation of the National Commission for Data Protection under d) of paragraph 1 of article 28 of law nº 67/98 of 26 October.

5 e) to the donor is guaranteed the confidentiality of all information related to your health, with the results of the analyses of their gifts and the traceability of your gift. f) human rights holder of personal data records as well as all information related to the health of donors enjoy the freedoms and guarantees enshrined in the Constitution and in the law. g) the right of information, access, rectification and deletion, opposition and other rights of the holders of the data included in the systems of record of donations and donors engaged in accordance with the law. h) blood services there must be a place for personal interviews with a view to evaluation and eligibility of donors, and that must be individualized processing areas. I) Decide with your doctor how continuity monitoring blood donor article 6 Charges 1-the State must provide regular medical assistance donors. 2-blood donors are exempt from the payment of user fees, extending to those who: a) Are prevented for reasons definitely clinics, or by age limit for blood donation (65 years), and have reached at least donated regularly over a period of 3 years (corresponds to 10 gifts) b) for reasons duly substantiated, clinics or for reasons not imputable to them , will find themselves temporarily prevented the gift, and as long as they have donated regularly over a period of 1.5 years. c) in the case referred to in the preceding paragraph, the exemption from payment of the levy depends on the revaluation annual Clinic Manager to confirm the reasons which justified the temporary impediment. 3-If, as a result of blood donation, an anomalous situation related to the procedure, must be operated by the NHS to the donor, and for free, all the care necessary for the replacement of your state of health


6 4-lose the right to the benefits referred to in numbers 2 and 4 background donors that interrupt without a justified reason, for more than 24 months, blood donation.

Article 7 Absence of professional activities 1 – if they are requested by any of the services of the national network of blood transfusion or if the gift is for your initiative, donors are entitled to absent yourself from your professional activity for the time necessary for your physical recovery. 2-for the purposes of the preceding paragraph, the absence of the donor is justified by the Portuguese Institute of blood and Transplantation, IP. 3-the donor is considered convened since, after the established minimum interval between donations address so volunteer Transfusion Services to make new blood donation, making them the most regular possible. 4 – the responsible services of clinical Transfusion can establish that the donors engaged in certain professions only resume your normal activity after the period of time after gift for you set. 5-the provisions of this article does not imply the loss of any rights of the employee donor. Article 8 paragraph 1 Blood donor Associations – the State acknowledges the importance of blood donor organizations as entities in defense of the donor, the pivot of the blood donation and the clarification of the population. 2-The Health services and immuno-Hematology should keep with these special joint bodies, ensuring the best relationship with donors and greater efficiency in the process of blood donation. 3-considered to be associations of blood donors organizations that have as object the altruistic and selfless promotion of blood donation, encouraging this practice among the citizens.

7 4-blood donor organizations – as main agents of «benevolent donation promotion of blood»-collaborate with officials in promoting and developing campaigns related to blood donation. 4-the Portuguese Institute of blood and Transplantation, IP must hear organizations representatives of associations of national-level blood donors about the plans of activity that produce. 5-blood donors may freely and voluntarily to become blood donors organisations (associations, leagues, groups or similar entities that seek the same purposes), and freely of them resign without loss of any of the rights that are enshrined in law, being them however denied making this registration in more than one entity. 6-blood donor organizations legally constituted, can, for your time, join in federations, Leagues or Foundations aimed at identical statutes.

Article 9 visits to in-patients-1 blood donors is ensured the free visit to in-patients in hospitals of the national health service, during the period laid down for that purpose. 2-Exceptionally, visits may be permitted outside the established timetable, and the period of time set by the Hospital.

Article 10 entry into force this law shall enter into force on the day after your publication.

Assembly of the Republic, 13 January 2012 Members,

Related Laws

2014 Blood Act
2015 Blood Act