Brazil adopts new legal framework on Telehealth

by | Jan 3, 2023 | Blog, Intellectual Property, Technology

On December 28, former Brazilian President Jair Bolsonaro sanctioned Law 14,510 , authorizing the practice of telehealth across Brazil, and revoking the previous rules regulating the discipline.

In our last post on the subject, we discussed how the Brazilian Ministry of Health had already incorporated the concept of telehealth into its long-term public health strategy, as a measure to reduce costs, and also provide access to health across the national territory.

We also looked at some of the existing legislation that applies to such services in Brazil (e.g., on the compulsory notification of diseases, privacy and data protection, and confidentiality).

The new Telehealth Law now brings legal certainty for the area, setting out the legal principles that must be adhered to by health professionals and companies practicing telehealth. The law includes references to:

• the autonomy of the health professional,
• free and informed consent of the patient,
• the right to refuse telehealth care,
• the dignity and appreciation of the health professional,
• safe and quality assistance to the patient,
• data confidentiality,
• promotion of the universal access of Brazilians to health actions and services,
• strict observance of the legal attributions of each profession, and
• digital responsibility.

Under the new law, companies providing telehealth services and respective technical officers must be registered with the respective State Medicine Council.

In addition, the Brazilian Ministry of Health will be responsible for further regulation of telehealth activities, also considering the rules of other regulatory bodies.

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