06/16/2016

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Administrative Procedure It initiates investigation on verification of the facts, previous to the opening of the sanctioning file. In phase of verification the AEPD can ask for to the presumed violator whichever documentation considers pertinent. Although the LOPD does not indicate anything on the right of defense of the presumed violator, in the application of Art. 79 of Law 30/92 of the Administrative Procedure, this one will be able to realise whichever allegations considers advisable; and to realise actual verifications, and in this case the inspector will write up act that will be offered for the company/signature of the investigated one where this one will be able to also carry out allegations. Like reasons for defense, in both cases, besides the materials, we could allude to formal reasons or of procedure, as they could be those of prescription of the facts. If it is verified that indeed the right is being harmed, the Agency can act of two different ways. 1 Aplicar the figure of the warning. For it will have to verify the concurrence of the demanded requirements previously commented so that it is applied. In this point, and remembering that one of the applicable requirements is the nonsanction or previous warning, to indicate that if previously the violator had been sanctioned, or warned previously, one would be due to verify that the sanction will have prescribed, in which case would be possible to be applied again the warning. Term will be granted to him so that it realises the propose cogoverning measures, and in case it did not apply them it would initiate sanctioning investigation. 2 Abrir sanctioning file, in which case y S.A. term of the same would impose described penalty as it weighs or it burdens the sanctioned one could resort before the National Hearing asking for the...
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Surya News With regard to the sterilization of the hand parts - important protocol of biossegurana, to prevent crossed infection, widely commented in the Biossegurana article under the Legal Aspect, published in 23. edition of the magazine Surya News, fits to stand out the necessity of the use of a strap of chemical integrator in each package of the game of instruments (01 turbine and 01 against-angle) chemical preparations for sterilization in sterilizer. It is important that all the esterilizado material is opened in the front of the patient, at the moment of its attendance. The pointer strap/chemical emulator must be removed of the package and be glue in proper book for this type of notation, being requested the patient who dates and signs, as having testified such procedure, to the end of each attendance. With these cares and the documentation of the monitorizao of the sterilizer, through the biological test, carried through weekly, the professional will have as to prove that the instruments used in the treatment duly were esterilizados. Not rare, for the fact of the professional not to possess enough documentation, to produce test of that it did not act with guilt, being shown all the measures taken in relation to the patient, the legal actions can result in conviction of the professional. In accordance with the article 5, interpolated proposition VIII, of the Code of Odontolgica Ethics: ' ' it is to have basic of the professionals of the Odontologia to elaborate and to keep brought up to date handbooks of the patients, conserving them in archive prprio' '. Being thus, the absence of this documentation can try the conviction of the professional, also, in administrative proceeding, before the Regional Advice of Odontologia. All the odontolgica documentation is, for right, of the patient, having the professional the guard...