Projeto de lei da Deputada Adriana permite que os medicamentos da farmácia popular sejam entregues por delivery na pandemia
Já pensou poder solicitar o seu remédio da farmácia popular e receber por delivery? Pois o Projeto de Lei PL 928/2020, de março de 2020, permitirá que isso aconteça. Este projeto de lei, de autoria da Deputada Adriana Ventura, altera a Lei n° 10.858, de 13 de abril de 2004, que estabeleceu a base normativa para a criação do programa federal “Farmácia Popular do Brasil”. “É uma mudança simples que ajudaria muita gente, principalmente durante uma pandemia como a que estamos vivendo”, diz a Deputada Federal Adriana Ventura.
Hoje, o programa exige que o paciente busque pessoalmente o medicamento na farmácia popular. Ou seja, na prática, exige que o idoso, assim como outros grupos vulneráveis ao coronavírus, saia de casa e se desloque até a drogaria.
Ainda permite que a retirada do remédio seja feita por meio de representante. Mas este é um processo burocrático e incompatível com epidemias, já que exige que o representante legal, tenha firma reconhecida ou com procuração registrada em cartório.
Contudo, para aqueles que não possuem a procuração durante a pandemia, torna-se um processo inviável na circunstância da pandemia, prejudica a população vulnerável. Primeiramente, porque não é recomendável o idoso e a população mais frágil saírem de caso e irem ao cartório durante a pandemia. Além disso, mesmo esse deslocamento fosse aceitável, o que não é, o fato é que o idoso ou a pessoa vulnerável encontrará o cartório fechado em muitas cidades. Ou seja, eles não têm opção! Isso é um grave problema!
O objetivo desse Projeto de Lei é corrigir essa falha, simplificando e desburocratizando o processo de retirada do medicamento. Assim, em situação de pandemia declarada pela Organização Mundial da Saúde, ou de epidemia ou calamidade, o medicamento ou o correlato poderia ser entregue diretamente no domicílio do paciente, por meio de serviços de “delivery”. Poderá, também, ser entregue ao representante do paciente, que precisará tão somente se identificar na farmácia popular, portando um documento do paciente e a receita ou prescrição médica. Não mais será exigida a procuração nem reconhecimento de firma em cartório nessas situações urgentes!
Essas duas alternativas de entrega são fundamentais para assegurar que o medicamento chegue de fato em quem precisa, ainda mais em casos de epidemia, calamidade e pandemia. Ainda, simplificam o processo de controle a priori, pois o mais importante é focarmos nos resultados.
Além disso, o PL define que o paciente e seu representante assumirão integralmente as responsabilidades pela transação, sujeitando-se, em caso de fraude comprovada, às sanções administrativas e penais previstas na legislação específica. Desse modo, o controle estará assegurado e será feito a posteriori.
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