Former health post director who issued false prescriptions has upheld conviction – General –

The 1st Special Chamber of the Court of Justice of Rondônia confirmed the conviction of the former director of a health post, located in Alta Floresta d’Oeste, for administrative improbity. According to the records, he provided patients with medical prescriptions, without these having gone through the medical professional. To do so, she used the stamp of a doctor who had already been disconnected from the unit and a false signature.

Sentenced to pay a civil fine and loss of public function held at the time of the acts, by the Single Court of Alta Floresta d’Oeste, the man appealed the sentence, but his appeal was unanimously denied in the session last Thursday.

The irregularities occurred between May 2015 and April 2016, repeatedly, when the director produced a false statement on medical prescriptions, with stamps from the Alta Floresta d’Oeste City Hall, the Municipal Health Department and the Edmilson Health Center Lima da Silva, prescribing medicines, affixing the stamp and signature of the doctor off the unit to the prescription, since April 2015.

In the appeal, the server denied that his conduct was criminal, since he had the doctor’s consent, who, according to him, left the prescriptions stamped and signed for the renewal of pharmaceutical prescriptions for permanent use. He also said that his intention was to speed up care at the Unit, not realizing any advantage or financial benefit. However, the doctor, who was already disconnected from the unit, sought out the State Public Prosecutor’s Office upon learning of many prescriptions issued in her name. Heard as a witness in a public civil inquiry, the professional denied that her signatures were on at least three of these recipes, which were submitted to a graphotechnical report that confirmed their falsehood.

In the action, witnesses were also heard, who confirmed that they had received the revenue from the then director. Research was also carried out with pharmacies in the region to locate such prescriptions, resulting in a nominal list of prescriptions, totaling 107 patients.

In judging the appeal, the rapporteur, Judge Daniel Lagos, pointed out that the appellant “degraded the reliability of the administration, as it minimized, for more than a year, the legality of the requirement of a prescription for the acquisition of medicines, including controlled, if not he was a doctor, and, occupying a public leadership role, he knew the consequences of simulating prescriptions, in conduct contrary to morality and loyalty to the institution he, in trust, led, also violating ethical principles of reasonableness and justice”.

The appeal was unanimously denied. The rapporteur was accompanied by judges Gilberto Barbosa and Miguel Monico. Appeal.

Appeal 7000978-56.2016.8.22.0017