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Blood Donor Status

Original Language Title: Estatuto do Dador de Sangue

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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,