The Nursing Profession Table, made up of the General Nursing Council (CGE) and the Nursing Union, SATSEhas demanded that DomusVi, a company that manages residences and socio-health centers in our country, not put the health and safety of the elderly and other especially vulnerable groups at risk by wanting non-nurse personnel to carry out assistance and care functions and tasks for those who are not qualified or legally authorized.
The presidents of SATSE, Manuel Helmets, and the General Nursing Council, Florentino Perez Raya, They have sent a letter to those responsible for DomusVi to express their strong rejection of this company implementing a Contingency Plan in which it is intended that Vocational Training personnel carry out functions that are typical of Nursing, such as performing cures, taking constants, administration of different types of medication and cleansing enemas or the administration of enteral nutrition guidelines using an infusion pump, among others.
The Nursing Board emphasizes that, as established by numerous legislation and jurisprudence in this regard, all these functions cannot be delegated, in any way, to personnel who do not have the necessary legal qualifications, competence and training. Nor will they be able to carry them out, even if the company itself intends to give specific training to said personnel, since they will continue to lack the necessary qualifications and competence. “A private entity like DomusVi It does not have the official recognition or the power to proceed with the training and legal authorization regarding VT professionals”, he adds.
Although the Contingency Plan does not indicate which technical personnel will be in charge of carrying out these functions, the Nursing Desk understands that it seems to refer to the Auxiliary Nursing Care Technicians. In this case, it reiterates that Royal Decree 546/1995, which establishes the title of said Technicians and the corresponding minimum education that said title requires to obtain it, does not allow them to carry out said functions.
In this regard, from the Nursing Table It is insisted that, as established by the Statute of Non-medical Health Personnel approved in 1973, the functions of auxiliary nursing personnel are clear and well defined, not being able, in any way, to administer medication, carry out cures, carry out care plans, administration of nutrition guidelines, supervision of care plans…, as by DomusVi if intended.
Likewise, the Table emphasizes that the jurisprudence that indicates that the functions of auxiliary nursing personnel must be limited to “collaborating” with the Nursing personnel is notorious and abundant, but they cannot carry out the sanitary act itself, this being a competence exclusive to the nurse. To justify such arguments, the letter details different sentences of the Supreme Court, Constitutional Court and other autonomous and provincial judicial instances about.
New professional figure
As it has done with the business group, the Nursing Profession Board has sent another letter to the Ministry of Education and Vocational Trainingdemanding their intervention, since it is intended to generate a new professional figure that does not have any training support in the area of Vocational Training and that generates confusion and insecurity in the care of these social and health centers.
The Nursing Board also transfers to the Ministry of Education that the illegality that is intended, through the implementation and application of the Contingency Plan, is evident, patent and notorious, demanding, therefore, that it be annulled and that Nursing personnel always carry out the aforementioned functions.
According to the Nursing Board, “it is an illegality that could even reach criminal significancewhile according to the Penal Code, the performance of acts typical of a profession without possessing the qualifications, training and/or legal authorization necessary to do so is punished, when faced with an alleged crime of professional intrusion, which even, in the present case , could be considered propitiated and encouraged by the company itself”, he points out.
For all this, hea Table of the Nursing Profession concludes that it is undeniable, in view of all the above, that the aforementioned Contingency Plan endangers the physical integrity of users and patients, allowing personnel without training, authorization and legal competence to carry out functions of the Nursing staff, with the consequent risks and damages that it entails for the health and integrity of the users of the residences and other centers.
“As health professionals we cannot allow any private company to put risk the integrity and safety of our elders and other especially vulnerable groupsfor whom residences and other centers are their home, for the mere interest of saving costs and having more benefits through the hiring of personnel who are not qualified or legally authorized to provide the health care and care that all these people deserve” table ends