In the world · Health · 5 May 2022
CFM Resolution 2,314/2022: Brazil's telemedicine rules
CFM Resolution 2,314/2022 created seven forms of telemedicine, left remote care to the doctor's judgment and required the patient's consent.
bairogonzalez.com team, drawing on Bairo's story · Published
Resolution 2,314/2022, from the Federal Council of Medicine (CFM), is the rule that organizes telemedicine in Brazil after the pandemic. Published on May 5, 2022, it recognizes seven forms of remote medical care, leaves it to the doctor to decide whether to see a patient remotely or in person, and requires the patient to authorize the care and the transmission of their data.
What happened
The CFM approved the resolution on April 20, 2022 and published it in the Diário Oficial da União (Brazil's federal official gazette) on May 5. The text replaced Resolution 1,643/2002, written when video calls were still rare. According to g1, the debate had been going on since 2018, and the council received more than two thousand proposals from doctors in public and private services before finalizing the rule.
The resolution defines telemedicine as the practice of medicine mediated by digital, information and communication technologies. And it names seven modalities:
- teleconsultation, between doctor and patient;
- tele-interconsultation, the exchange of information and opinions between doctors, with or without the patient present;
- telediagnosis, issuing an exam report remotely;
- telesurgery, performed with robotic equipment;
- telemonitoring, the tracking of health parameters;
- teletriage, the assessment of symptoms to refer the patient to the appropriate care;
- teleconsulting, clarifying questions between professionals.
Some rules drew attention. Doctors have the autonomy to decide whether to use or refuse telemedicine and may recommend an in-person visit whenever they see fit; the CFM kept in-person care as the reference standard. Chronic diseases require in-person consultations at intervals of no more than 180 days. The patient or their legal representative authorizes the care through consent. Data and images must be kept confidential and intact. And companies providing telemedicine in the country must be headquartered in Brazil and registered with the state's Regional Council of Medicine. The rapporteur, Donizetti Giamberardino, told g1 that the pandemic showed telemedicine to be "an important complementary act to medical care".
Why it matters
The resolution took telemedicine out of the improvisation of the health emergency and placed it within an ethical framework. For those who live far from a specialist, that means a legitimate door. For doctors, it means knowing what they can and cannot do.
Two concepts deserve the attention of anyone thinking about digital health. Tele-interconsultation is the basis of any second opinion between doctors: the specialist contributes, and the doctor who follows the patient remains responsible for the course of treatment. Teletriage shows that assessing symptoms to guide the path already had a place in the rule, always as a medical act.
In Bairo's view
For Bairo Leandro Gonzalez Martinez, the resolution gets it right by putting the doctor at the center and technology at their side. In his reading, remote care is worth what it adds in access: the family in the countryside with no one to talk to, the patient with a rare disease whose specialist is in another state or another country.
Bairo has long argued that this is what a second opinion is: a clinical opinion for the person's trusted doctor, not a diagnostic report. It is the design that Xperienc Global Labs proposes for teleconsultation between countries. And it is the same principle as Hospital Triage: a clinical assistant listens and organizes the history, and a professional validates and decides.
For him, technique never dispenses with human care. When the pain is not of the body, he recalls that there is a door too: the pages on pain, faith and reconnection tell what he went through and show when to seek professional help.
Where this meets the ecosystem
Xperienc Global Labs, founded by Bairo in London, is developing a teleconsultation platform with a clinical assistant validated by a professional and with the Global Language translator. As a British company, it has to fit the requirement of a Brazilian headquarters and a technical lead registered with a CRM (Regional Council of Medicine) to operate here. That is why the proposed design is tele-interconsultation: the foreign specialist contributes, the Brazilian doctor decides.
Hospital Triage is a pre-consultation system under development, created with CLAIN, the ecosystem's agent orchestrator. The assistant organizes the listening before the consultation and does not give a diagnosis.
Sources
- Federal Council of Medicine, CFM Resolution 2,314/2022, published in the DOU on 5/5/2022: sistemas.cfm.org.br (PDF)
- Federal Council of Medicine, "Após amplo debate, CFM regulamenta prática da Telemedicina no Brasil" (After broad debate, CFM regulates the practice of telemedicine in Brazil), May 2022: portal.cfm.org.br
- g1, "CFM regulamenta consultas de telemedicina no Brasil; veja principais definições para o modelo" (CFM regulates telemedicine consultations in Brazil; see the main definitions of the model), 5/5/2022: g1.globo.com
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