Ombudsman
(Ouvidoria) is the channel between the Agency and society:
Interview with Franklin Rubinstein (Ombudsman from Feb/2000 to
Nov/2003)
Psychiatrist Franklin Rubinstein, 58 years old , is the first
Ombudsman of the National Health Surveillance Agency (ANVISA).
After his name was submitted to the Minister of the Health by
the ANVISA Directorate , Franklin was appointed to the post by
the President of the Republic for a two year mandate, beginning
in February 2000, extendable for a two further years . Federal
civil servant on the staff of the Brazilian Ministry of Health
since 1969 and former Director of the Regional Medical Council
of Rio de Janeiro, Franklin says that his professional experience
in listening to complaints, concerns and a wide range of different
problems, as well as trying to understand the point of view of
others, is certainly useful in his current job. To date, Franklin
has worked hard to build up the Ombudsman's Office . He has also
done valuable work in setting up operating practices in ANVISA
in an endeavour to facilitate access to, and response from, the
various technical divisions of the Agency.
1. Please say something about the work of the Ombudsman:
Franklin: The Ombudsman's Office owes it existence to the
Law which created ANVISA. The Ombudsman was appointed in February
2000 and the Office began functioning soon after. The idea was
that the Office should represent society vis-à-vis the
Agency in matters guaranteeing people's rights, and at the same
time help to carry out the Agency's basic mandate. The Ombudsman
is appointed in his own right by the President of the Republic
and does not depend organizationally on the Collegiate Directorate.
In this way, his autonomy is guaranteed and he is in a position
to carry out tasks within his independent remit. The two year-old
mandate is renewable for two further years. The Ombudsman is responsible
for receiving allegations, complaints and suggestions (as well
as a measure of praise) concerning services rendered by the Health
Surveillance services and to ensure that these are sent through
the correct channels for a response and a solution.
2. Does the Ombudsman's Office need to liaise closely with
other areas of the Agency?
Franklin: It needs to interact with all sectors and divisions
of the Agency and to be thoroughly familiar with its overall operation.
3. As an observer in a special position within the health
surveillance area, how do you regard ANVISA today?
Franklin: ANVISA was conceived over a relatively short period.
It is modelled on the basis of modern legislation and in this
respect is similar to other national regulatory organs. It is
however still at the organization and growth stage, having inherited
the functions of the old National Secretariat for Health Surveillance.
It has also acquired a series of new functions as an Agency. A
number of activities have not yet been fully taken on board and
there still exist a number of gaps in the Agency's governing legislation.
The system as a whole is very broadly based and complex. Difficulties
are gradually being dealt with as they arise. Some of our current
challenges consist of for example the question of decentralization,
obtaining fully-qualified human resources for the system to work
correctly and carrying out our inspection and registration targets,
within the remit of the Agency. My view is that the Ombudsman's
Unit is inevitably going through the same situation as the rest
of the Agency. We are now in the process of working out our modus
operandi and consolidating our links with the mission-objective
areas of the organisation. Our main aim is to qualify ourselves
to be in a position to deal with the demands made upon the Agency
by society, and to act as a kind of catalyst aimed at improving
the quality of the services provided.
4. Is there now more demand for contact with ANVISA compared
to the old Secretariat?
Franklin: Traditionally, the main interlocutors were the economic
agents linked to the production and marketing of goods and services
subject to the health surveillance regime. The legislation foreshadows
new channels of communication being opened. And I must say that
this is what ANVISA is doing in practice. Current examples are
the activities undertaken by the Advisory Council, by the technical
and sectorial chambers, Infovisa, of the User Speaks ("Fala
Usuário") facility and of the Ombudsman's Office itself.
In this respect, the services of the Ombudsman have been increasingly
called upon.
5. What do the latter consist of?
Franklin: E-mail, telephone, fax, letter, personally and
through the Dial Health (Disque Saúde) line. As regards
this last service, it is worth mentioning that we are discussing
the possibility of also joining the official 0800 contact line.
This will make it easier for us to receive all kinds of queries.
Contact can be made with us at the following address: SEPN Quadra
515, Bloco B, Edifício Ômega, 1 Subsolo, Brasília
(DF) - CEP (ZIP CODE) 70770-502. Telephones: (61) 448.1382/1235
and 1144. Our E-mail is the following:ouvidoria@anvisa.gov.br.
In addition, the Dial Health service can be reached at the following
telephone number: 0800 61 1997.
6. Is it possible to give an idea about those areas which attract
more complaints and those which attract fewer?
Franklin: The medicines registration and inspection areas
in ANVISA give rise to many enquiries, but these are not strictly
speaking "complaints". Rather, they are generally queries
about matters to do with those particular areas. The Ports, Airports
and Borders Division, plus the Health Products Unit, receive many
enquiries. Surprisingly, we receive a large number of requests
for information related to the inspection of products and services
that fall within the proper remit of the State and Municipal health
surveillance services, such as those connected with the retail
food sector. We are now liaising with the Information Division
with regard to the possibility of developing a computerised system
to manage information so that our output can become better targeted,
quicker and more reliable.
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