The governor of São Paulo, Tarcísio de Freitas (Republicans), enacted a law this week that obliges public and private health units to provide a female employee to monitor procedures in which the patient has to be sedated and has total loss or partial consciousness.
The law, which was published in the Official State Gazette last Thursday (19), is already in force and is valid for the entire territory of São Paulo. The legislation covers hospitals, clinics and health posts in the public and private networks.
“Hospitals, clinics and health posts that are part of the public and private health network in the State are obliged to provide a female employee to monitor exams or procedures that induce total or partial unconsciousness in the female patient”, says the text.
According to the law, health units in the State must “put up posters informing patients of their right to be accompanied by female employees during examinations or procedures that induce total or partial unconsciousness”.
Urgent and emergency care and procedures carried out in situations of public calamity do not apply to this law.
If health units do not have an employee to accompany the patient to be sedated, “it is up to the health professional responsible for the treatment to justify this in writing”.
Justification
The project that gave rise to the law was authored by state deputy Analice Fernandes (PSDB). In her justification when presenting the proposal, she mentions that “currently, we follow countless cases in the media of health professionals who took advantage of female patients, in a state of total or partial unconsciousness, to commit rape crimes”.
“Indeed, relationships of trust, privacy and confidentiality are central components of patient care, and it is the obligation of healthcare institutions to provide a safe and peaceful environment for patients.”
She added that the project “aims to protect both the health professional responsible for the care and/or procedure and the patient from possible mistrust or abuse by either party, preserving the doctor-patient relationship”.
“In addition, the proposal aims to ensure that there will be witnesses, in the case of abuse or harassment, protecting the victim, especially in the case of induced unconsciousness”, he concluded.
When sanctioning the law, Governor Tarcísio de Freitas vetoed the article that provided for penalties for the management of the health institution and professionals who failed to comply with the law.
This content was originally published in In SP, procedures with sedated women will have to be accompanied by employees on the CNN Brasil website.
Source: CNN Brasil
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