The Federal Council of Medicine (CFM) published on February 28, 2018 Resolution No. 2,178/2017, which regulates the operation of Internet applications (apps) that offer doctor appointments at home. According to such Resolution, companies that offer those services must be registered with the Regional Council of Medicine (CRM) of the territory where they intend to provide the medical services and appoint a medical technical director, who will be responsible for quality, ethics and regularity of the services. Such companies, considered for all purposes as medical companies by CFM, must follow the advertising regulations of CFM that, among other things, prohibit promotional advertisements and the ranking of registered doctors.
The Resolution also defined rules for registration of doctors in the apps. Such physicians must be enrolled with the CRM where the service is offered and have the Specialty Qualification Register (RQE) to work in the medical areas enabled in the app. Physicians must keep the medical records of patients in order to allow other physicians and competent authorities to have access to such information if necessary. The relationship between physicians and the company must be regulated by means of a written agreement containing the compensation and the terms and conditions for the rendering of medical services.
The CRMs worked to define the requirements and proceedings for enrollment of the apps in order to comply with the Resolution. Supported by the fact that the apps are considered as medical companies by CFM, the enrollment of the apps with CRM follows the same rules applied to medical companies in general. Unfortunately, the Resolution did not address the fact that several apps are currently in operation, so no transition rule has been established.
This content is for general information purposes only, and is not intended to be relied upon as legal opinion for a specific situation. This material is protected by copyright law. Please contact CGM Advogados for permission to copy, distribute or reprint.