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Telemedicine Resolution repealed

Life Sciences and Healthcare; Intellectual Property

On February 22, 2019, the Brazilian Federal Council of Medicine ("CFM") issued a notice repealing Resolution CFM No. 2,227/2018 ("Resolution CFM No. 2,227/2018"), which establishes rules for the use of technologies in the provision of medical services (i.e. telemedicine services). According to CFM, the repeal will be formally approved in an extraordinary plenary session scheduled for February 26, 2019.

Please note that CFM granted a ninety-day period for the effectiveness of Resolution CFM No. 2,227/2018 and simultaneously submitted it to public consultation in order to permit health professionals and representative entities from the sector to submit suggestions to Resolution CFM No. 2,227/2018.

CFM's decision to repeal Resolution CFM No. 2,227/2018 considered: (i) the large number of suggestions it received to amend  the Resolution; (ii) the need to extend the final date to submit comments in the public consultation, which was originally established for April 7, 2019, as requested by several medical entities; and (iii) the need for additional time to permit CFM to analyze, discuss and decide on the suggestions received in the public consultation.

In view of the above, in order to undertake telemedicine services in Brazil, companies must comply with the rules in Resolution CFM 1,643 of August 07, 2002, which is currently in effect.

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