On February 18, 2018, the Federal Medicine Council (“CFM”) published Resolution No. 2.178 / 2017, which regulates the applications that offer medical appointments at home and its uses.
This Resolution provides that the medical appointment platforms that are hired and used through applications on mobile phones or similar devices are considered to be ethical.
In addition, every company that offers these services, using the internet and/or similar technology, shall, necessarily, enroll itself at the Regional Medicine Council (“CRM”), in the jurisdiction in which they intend to act, appointing the Technical Medical Manager, whose duties and responsibilities are described in the Resolution.
The enrolled physician shall: (a) be registered at CRM; (b) have Specialty Qualification Registration (“RQE”) when releasing his specialty; (c) maintain on clinic record his appointments, providing the status and prescriptions, in digital and physical versions, assuring their recovery, when necessary; (d) demand that the rate be clear and expressly provided in the agreements executed by and between the physicians and the companies.
The advertising related to appointments and medical procedures, with promotional matters, is forbidden, as these practices may be considered as manners to gather a great number of clients and also as disloyal competition.
This CFM Resolution is part of a wider context of improving the legal framework for new health technologies. Other types of health-related applications may also be regulated, either by CFM or other Professional Councils. In addition, these technologies will also be impacted by the rules on personal data protection currently under discussion and by the ANVISA’s regulatory agenda – which in the period 2017-2020 provides for regulating, for example, software considered a medical device. It is important that companies are attentive to this regulatory movement, from the development stage of their products / services to the contracting and execution of these projects, in order to make viable new businesses.
The Digital Law Department of Kestener, Granja & Vieira Advogados is available to provide any further information required on this subject.
Fabio Alonso Vieira
Phone: +55 11 3149-6111
Marco Aurélio Torronteguy
Tel.: +55 11 3149-6210
marco.torronteguy@kgvlaw.com.br
This article is intended exclusively to provide information and does not contain any opinion, recommendation or legal advice from KGV Advogados in relation to the matters herein addressed. Copyrights are reserved to Kestener, Granja & Vieira Advogados.
