REPÚBLIC OF ANGOLA MINISTRY OF COMMERCE NATIONAL INSTITUTE OF CONSUMER PROTECTION

REPÚBLIC OF ANGOLA MINISTRY OF COMMERCE NATIONAL INSTITUTE OF CONSUMER PROTECTION The Fifth Annual African Dialogue Consumer Protection Conference Health Related Issues By: Paulina Semedo- Director General Livingstone, Zambia 10-12 September 2013

INTRODUCTION • The right to health protection is enshrined in the Constitution of the Republic of Angola and is based on a set of fundamental values such as human dignity, equity, ethics and solidarity. • Under the legislative framework of Health are set more specific rights, including the Law on Health, National Health Policy, National Pharmaceutical Policy, etc.. • These are the basis guiding principles and the presupposition on the rights and duties of Patients

WHO IS INADEC? INADEC – Is a National Institute of Consumer Protection, is a legal person, with public legal personality ,financial and administrative Patrimony autonomy . Under Custody of the Ministry of Commerce

WHAT IT DOES? Promotes policies to safeguard the rights of consumers as well as coordinates and implements measures for its protection, information and support to consumer associations.

WHO IS A CONSUMER? • Under Law 15/03 of July 22, "consumer" means any natural or legal person to whom goods and services are provided and uses as the final consignee; • Under the Constitution, in Article 78, paragraph 4, makes mention of the protection and the guarantee that the state gives to the consumer;

CONCEPTS According to the LDC - Consumer Protection Law, the patient is a consumer who provides for a service, the physician, is the supplier that develops activities of providing services; And the medical act, an activity for remuneration to individuals or legal……..

IS THERE RELATIONSHIP BETWEEN HEALTH AND CONSUPTION? The relation between doctor and patient is a consumer relationship (contract of service provider) and in cases of injury (medical error), the professional who acts with imprudence, malpractice or negligence can respond according to the Protection Act consumer. The professional and the institution incurs in the obligation to repair damaged caused to patients, so the technical competence and ethical rigor and ethics are decisive and fundamental in the provision of health services (public and private). .

Patients Rights Be treated with respect for human dignity and have privacy in the provision of any medical procedure Demand respect for their cultural beliefs, philosophical and religious. (Article 41) Receive care appropriate to their state of health, in the context of preventive, curative, rehabilitative and terminals and continuing care. (Article 77) Be informed about their health status, about the existing health services, skills and levels of care. (Article 40) Give their consent or not, before any medical procedure or participation in research or clinical trials. Get confidentiality of all clinical information and identifying elements concerning him Having access to data recorded in their medical records, as well as suggestions, complaints and claims.

Patients Duties • Ensure their health. • Provide to health professionals all the information necessary to obtain a correct diagnostic and appropriate treatment. • Respect the rights of other patients and the operating rules of health services. • Collaborate with health professionals, respecting the indications that are recommended. • Use health services appropriately and to collaborate actively in reducing unnecessary expenses.

Pharmaceutical Merger Reviews and Enforcement issues The State promotes and ensures the necessary measures to assure that everyone has the right to medical and health care, as well as the right to health in childhood, maternity, invalidity, disability, and old age in any situation of incapacity for work. To guarantee the right to medical and health care the State must: a) develop and provide the functionality of a health service inthroughout the national territory. ( Article 77 of constitutional Law)

Pharmaceutical Merger Reviews and Enforcement issues ( CONT…… In order to improve the commercialization of pharmaceuticals products and beyond, the Angolan government created the Regulatory Agency for Food Products and Pharmaceuticals (ARPAF), which is an Angolan body intended to impose rigorous inspection on consumption and imports, and prevent the entrance of counterfeit or adulterated products in the country.

Cont……. Since the country does not exist yet a laboratory for testing the quality of imported medicines, essentially those that enter by dubious way at borders, and out of customs. This agency will overcome most of the problem regarding to this issues. To emphasize that has been created a multisectoral team composed by the ministries of Commerce, Health, Industry, Geology and Mining, and Agriculture and Fisheries, to analyze the regulation and statute of the entity.

TO ERR IS HUMAN, BUT....... And damage cases may be liable to disciplinary civil and / or criminal penalties, depending on its severity. • A medical error, or any damage caused to users of the health service is not always viewed favorably.

Thursday, April 12, 2012?Angola. For whenthe criminal liabilityofdoctorswhocommit medical errors? (titleofthis blog)? Angola: Number of deaths by medical error is worrying authorities. The Medical Association of Angola is concerned by the amount of patients in the country, who dies as a result of medical errors, noted the RNA. In ways to combat the phenomenon, the Bastonary, has encouraged on the one hand, the training of professionals in all hospitals, and then create the order level premium biomedical research, which is more of an incentive to service professionals, to investigate ways by which one can detect errors and correct them.? Source: Angolanchannel TRUTH OR NOT IT´S SCARY

CHALLENGES/PERSPECTIVES ADVANTAGE Are important pieces of information for the benefit of their own health care providers, giving them a tool that aims to help in adaptation to the permanent and full respect for the rights of users. HRA would be an independent public entity, that would have the task of regulating the activity of establishments that provide health care, in the public sector, private and social. • Creation of Mechanisms, Tools, Legal Instruments-law to ensure the legitimate rights and interests of users. • Disclosure massive and mandatory Code of Practice Doctor. • Promoting the creation of structures / bodies for the quality control of services: Health Regulatory Activity

CONCLUSION • The knowledge and respect for the rights and duties of patients, enhances the ability of active intervention in the progressive improvement on care and services. • It's time and moment to increment attention to the care and services offered to users of the National Health Service.

OBRIGADA!.. THANK YOU!.. MERCI BEAUCOUP!. • Av. 4 de Fevereiro Edifício Palácio de Vidro2º Andar Ala Direita Cx. Postal 1337/1338 • Telefones: Secretariado 222 409 804 / 222 409 806 • 912 640 833, Apoio ao Consumidor 222 409 805 • 914 545 752 E-mail: inadec@minco.gov.ao

REPÚBLIC OF ANGOLA MINISTRY OF COMMERCE NATIONAL INSTITUTE OF CONSUMER PROTECTION