The technical laboratory superiors cannot be blood extractions
according to a judgement of the TSJPV.
-el Tribunal Superior of Justice of the Basque country gives reason to the College of nursing of Gipuzkoa and the Basque Government Department of health in its ruling issued on the occasion of the appeal lodged by the laboratory technicians
Donostia-San Sebastián, December 2011.- El College of nursing of Gipuzkoa reports on the judgmentissued by the Chamber litigation administrative of the High Court of Justice of the Basque country (TSJPV), according to which, the technical specialists of laboratory (TEL) may not carry out blood extractions or human biological sampling, as its powers in such matters are reduced to pure collaboration or assistance and, in any case, under the direction or supervision optional, without that they can perform such tasks both on its own initiative.
This judgment, which is strong, which means that already not can be, closes a dispute which comes from the publication of the Decree of June 14, 1984, that from the Union of technicians health of Euskadi (UTESE) is has been claiming the capacity and competence of the TEL to carry out withdrawals of blood in clinical analysis laboratories.
From the respect to the TEL, Gipuzkoa’s nursing school welcomed by closing a chapter dominated by confusion, many sought purpose very specific interests which has led to confusion not only of the population but sometimes among the professionals decades. In the words of its President, MarÃa Jesús Zapirain, now is clear that only nurses or doctors are legally entitled to use the patient, take samples or contrasts ”. It must be clear that this is not removed or refuses any powers attributed to the TEL by the standard which was the certification of vocational training.
In the opinion of the President of the College, this is a big step in quality assurance for the patient, because although in most cases there are no incidents, our training of nurses, college graduates health professionals, ensures that the possibility of occurring, for example a shock or allergic reaction, and so on ”, the professional nurse, much better prepared and trained to deal with these situations, provide proper health care to the patient, with which cover this patient safety.
With this last statement is resolved the appeal raised by UTESE, in July 2008, claiming the legal technical training for these functions, with some resolutions submitted by the Department of health and issued at the behest of Nursing College, Gipuzkoa, in virtue of which required the holders of various clinical laboratories of Gipuzkoa so that adapt – textual quotation – its activity to the criterion of legal, according to which the subordinate collaborators functions assigned to the TEL, do not include the direct realization of withdrawals of blood because they assigned to other health professions ”.
From the legal advice of the College of nursing of Gipuzkoa ensures that this ruling, which confirms the doctrine of the Supreme Court on the matter, affects all laboratories testing and health centres.
For its part, the President of the College makes appealed to the population to ensure that ensure the health professional title of who serve you and recalls that the College is an institution open to citizens to inform them of any questions presented to them and to ensure that health professionals that serve them have the qualification and professional skillsrequired by the laws.