The Boundaries Of Advertising In The Medical Field In Brazil

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Brazil's Federal Board of Doctors through its Resolutions numbers 1.974/11, 2.126/2015 and 2.133/2015 defined the conduct of professionals in the field, establishing the principles of medical ethics in social networks.
Brazil Media, Telecoms, IT, Entertainment
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Brazil's Federal Board of Doctors ("CFM") through its Resolutions numbers 1.974/11, 2.126/2015 and 2.133/2015 defined the conduct of professionals in the field, establishing the principles of medical ethics in social networks.

These rules of conduct were based on the growth of numerous posts on social networks, mostly from medical clinics or even, for example, the famous comparison of "before and after" procedures, aesthetics or otherwise, which promises consumers immediate and miraculous results.

Such decision is published in the Manual of Medical Advertising, with guidelines that aim to prevent self-promotion and commercialization of the medical practice. It should be noted that, nowadays, advertising of medical services is permitted, but with some restrictions, and doctors are only allowed to post content that is relevant to their specialty, as well as to clarify frequent questions of patients. Such ads should contain the doctor's registration number in the Federal Board of Doctors, name of the professional, their specialty and specialist qualification.

Advertising on social networks has many expressive vetoes, such as announcements of techniques that are not validated scientifically. The Federal Board of Doctors discourages the use of before and after photos of patients as a way to disclose a technique, method or result of treatment, since it understands that the dissemination of this type of material can characterize the medical practice in a sensationalist, promotional or with untruthful content. In the event of disclosure, the professional must have the express consent of the patient.

It should also be noted that the famous "selfies while at work" are allowed only with the express consent of the patients. Such prohibition aims to protect the privacy and anonymity inherent to the medical practices and the patients themselves.

In 2018, the Brazilian Society of Dermatologists ("SBD") published a guide for ethical practices in social networks reinforcing CFM's resolutions.

Sources:

https://sistemas.cfm.org.br/normas/visualizar/resolucoes/BR/2011/1974

https://sistemas.cfm.org.br/normas/visualizar/resolucoes/BR/2015/2126

http://www.sbd.org.br/mm/cms/2018/08/15/sbd-a6-guiaboaspraticasversaoreduzida.pdf

https://portal.cfm.org.br/publicidademedica/arquivos/cfm1974_11.pdf

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

The Boundaries Of Advertising In The Medical Field In Brazil

Brazil Media, Telecoms, IT, Entertainment

Contributor

With firms representing more than 90 countries, each GALA member has the local expertise and experience in advertising, marketing and promotion law that will help your campaign achieve its objectives, and navigate the legal minefield successfully. GALA is a uniquely sensitive global resource whose members maintain frequent contact with each other to maximize the effectiveness of their collaborative efforts for their shared clients. GALA provides the premier worldwide resource to advertisers and agencies seeking solutions to problems involving the complex legal issues affecting today's marketplace.
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