According to the judge, Luciana Sandrini Rihl, 37, is in line with the legal provision that establishes the house arrest. According to police, the pharmacist applied fake doses of vaccine to patients with empty syringes.
New Hamburg clinic has been banned
The owner of the vaccination clinic arrested on Wednesday (14) in Novo Hamburgo, in the Metropolitan Region of Porto Alegre, on suspicion of applying false doses of vaccine had the custody converted to domicile. Judge Angela Roberts Paps Dumerque is the deputy judge in the 2nd Criminal Court of the city's Forum.
According to the magistrate, Luciana Sandrini Rihl, 37, fits the legal prediction that establishes the house arrest, since she has two children in the 10 years of age. Regarding the maintenance of the prison, the judge justifies as necessary to ensure criminal investigation.
"In view of the measures taken by the Sanitary Surveillance to prohibit the commercial establishment and seizure of all the medicines existing in that place and in the residence of the defendant, I do not, for the time being, find a public order risk in the conversion from pre-trial detention to house arrest," judge in the decision.
The suspect will also have the passport seized. She will be prohibited from leaving her residence without judicial authorization and communicating with the clinic's company, employees or clients.
The use of means of communication is also forbidden. At the request of the police, the judge also authorized the breach of confidentiality of the content stored on telephone sets seized with Luciana.
According to the director of the State Department of Criminal Investigations, delegate Rodrigo Bozzetto, Luciana, who is a pharmacist, applied false doses of vaccine. She used the empty syringes. "This is very serious, it is a heinous crime, because of this exposure to the population," he said.
The investigation was initiated on the basis of an anonymous complaint. In addition to vaccines against meningitis, doses were given for yellow fever, which owns the clinic - which is pharmaceutical - had not even had in stock.
According to the complaint, the same needle was used on different people, including children and adolescents.
The State Secretary of Health, João Gabbardo, informed that the place was authorized to apply the vaccines and operating license. The last survey at the site was made in February last year. According to the City Hall of Novo Hamburgo, a new inspection would be held this month.
Gabbardo also said that it is customary in the clinics to present the user with the closed bottle, and open the syringe to show that it is disposable.
The Civil Police advises that people who have been vaccinated in the clinic in the last few months look for the Health Surveillance of Novo Hamburgo and the Police Department of Consumer Protection.
Defense says denunciation is false
After being arrested, the owner was taken to the Madre Pelletier Women's Penitentiary in Porto Alegre. The lawyer Luiz Gustavo Puperi alleged that the arrest was made from a false report and that there is no information of victims.
Puperi had filed a writ of habeas corpus before the Court of Justice, asking for the client's freedom, which was denied on Wednesday (15), and then with a request for revocation of custody at the Novo Hamburgo Forum.
According to Puperi, pre-trial detention was requested in order to ensure public order. However, because her client is away from the clinic, the defense's understanding is that she would not be able to exercise her profession and therefore there would be no reason to arrest her.
Regional Council of Pharmacy will investigate
The Regional Pharmacy Council (CRF-RS) has informed that it will evaluate the professional's conduct, through the opening of an ethical disciplinary process, which may generate penalties ranging from a warning to the elimination of the profession. After the opening of the ethical process, the deadline is 180 days.
In a statement, the Council reinforced the care that patients should have, such as observing documents with authorization to operate the clinic, for example.
"It is the right of the patient / user of the services to follow the sterilization of sterile packages of disposable syringes and needles to be used, as well as to identify the batch number and the validity of the product (vaccines, injectable drugs, other medicines, etc.) , which must be registered in the documents to be delivered as proof of the service offered, "says the text.
CRF-RS, since the beginning of the first information disclosed, is attentive, collecting data and has already maintained contact with the bodies currently responsible for the inspection of the establishment with activity called" Vaccine Clinic ", requesting information, in order to identify the existence and conduct of any of those involved with training in the pharmaceutical area;
Representatives of the CRF-RS have already gone to DECON (Consumer Police) to obtain the official information, such as a copy of the investigation or inspection term of the competent authorities (Civil Police, Health Surveillance and Regional Medicine Council of RS) responsible for inspection of the establishment (Vaccine Clinic);
We clarify that establishments with activity called "Vaccine Clinics" must obtain authorization of operation (Sanitary permit) with the local Sanitary Surveillance and present a doctor as Technical Responsible, therefore, obtain registration in the Regional Medical Council of RS. CRF-RS does not register and, therefore, does not supervise activities called "Vaccine Clinics";
With the receipt and knowledge of the contents of the police investigation or inspection term of the Sanitary Surveillance or Regional Medical Council of RS, informing the involvement of a person with training in the pharmaceutical area, this, besides responding in the civil and criminal area, will enable to the CRF-RS to evaluate the conduct and use of knowledge in the health area that may have caused harm to the patients / users of the service, through the opening of an ethical disciplinary process, which may entail the application of the penalties provided for in article 30 of the Law 3820/60, ranging from a warning to the elimination of the profession;
Any person, of any formation, may own a Vaccine Clinic, provided that it complies with the legal requirements, among which, submit a doctor to assume the Technical Responsibility by the establishment;
In addition to the civil and criminal responsibilities of the owner, regardless of their training, a rigorous evaluation of the medical technician's conduct by the establishment is required, as this responsibility forces the same to respond to the authorities, since it is their obligation to define and control the processes, authorize the persons who will make the applications on your behalf, train, monitor and supervise all stages of the receiving, storage, temperature controls, logging, application techniques (vaccine administration), waste management, etc .
We advise that users / patients of any health service, in addition to Vaccine Clinics, should always observe the documents, which must be in a prominent place, with the operating authorizations (Sanitary Permit) and a document issued by the Regional Council of Brazil. (in the case of Vaccine Clinics, document issued by the Regional Medical Council of RS with the identification of the responsible medical technician);
We advise that it is the right of the patient / user of the services to follow the sterilization of sterile packages of disposable syringes and needles, as well as to identify the batch number and the validity of the product (vaccines, injectable drugs, etc.), which must be registered in the documents to be delivered as proof of the service offered;
We also advise that, when any suspicion of irregularity committed by a health professional is observed in any health facility, report to the local Sanitary Surveillance and to the respective Regional Council (if the technician is a pharmacist, report to the Regional Pharmacy Council of RS, if you are a doctor, report to the Regional Council of Medicine, etc.).
Finally, the CRF-RS stands in solidarity with the indignation regarding the acts practiced informed by the Civil Police in the media, continuing to investigate all the facts and making itself available for collaboration with the other authorities involved. "