Faced with the need to responsibly inform patients and society about scientific and technological advances, about training to practice medicine and appropriate treatments, medical advertising is subject to certain rules. It must have an educational character and obey ethical limits, being different from the advertising of products and merely commercial practices, since, in the case of medicine, the health and well-being of the population are at stake.

Applies to the subject, mainly, Law No. Law No. 3,268/57, Decree-Law No. 4,113/42 (arts. 17 and 20), the Code of Medical Ethics – CFM Resolution No. 2,217/2018 (chapter XIII) and CFM Resolution No. 1,974/11, amended by Resolutions No. 2,126/2015 and 2,133/2015. The Federal Council and the Regional Councils of Medicine are responsible for supervising the professional ethics, judgment and discipline of the medical profession.

According to the Federal Council of Medicine (art. 1 of CFM Resolution No. 1,974/11), “an advertisement, publicity or propaganda means communication to the public, by any means of dissemination, of a professional activity of initiative, participation and/or consent of the physician”.

The topic includes, for example, the use of social networks, printed materials, billboards and bus doors, advertising and advertising on TV, radio and internet, the general relationship between doctors and the press (TV and radio programs, newspapers , magazines) and participation in events such as congresses, forums and conferences.

In an increasingly digital world, with social networks and other media on the rise, more and more doubts arise about the issue of medical advertising. Therefore, it is very interesting to understand, at least an overview, of what can and cannot be done in this topic.

In all professional advertisements, the physician must include (a) the name; (b) the number in the Regional Council of Medicine, with the State of the Federation in which it was registered; and (c) the Specialist Qualification Record (RQE) when announcing the specialty. In the case of health establishments, the registration number of the technical director with the Regional Council of Medicine must be entered.

When carrying out medical advertising, it is essential to keep in mind the duty of professional secrecy, not being able to reveal a fact that you have knowledge of due to the exercise of the profession, except for just reason, legal duty or written consent of the patient. It is not possible to refer to identifiable clinical cases (display patients or images that allow them to be recognized), even if there is authorization.

When participating in the dissemination of medical matters in the mass media, one should aim at the clarification and education of society, disseminating only content that is scientifically proven, valid, relevant and of public interest.

There is a ban on dealing with medical matters in a sensational or promotional manner; disclose untrue content; disclose a treatment process or discovery not yet recognized by a competent body; present ideas that are not original as original.

When granting interviews, the physician must always be identified with (a) full name; (b) professional registration; (c) expertise with the CRM; (d) position, if medical director responsible for the establishment. It must also immediately announce possible conflicts of interest that could compromise the understanding of its considerations.

Regarding the disclosure of specialties, only scientific titles that can be proved should be announced; the specialties or areas of activity for which you are qualified and registered with the Regional Council of Medicine.

The medical professional cannot participate in commercial company advertisements, nor practice medicine and pharmacy simultaneously or take advantage of the referral of procedures, prescription and/or marketing of medicines.

It is also not acceptable to participate in contests for the purpose of choosing the “doctor of the year”, “outstanding”, “best doctor” or other denominations aimed at promotional or advertising purposes, individual or collective.

Regarding the use of social networks, it is even more important, in the current context, to know some of the general rules for medical advertising. Some important prohibitions are the posting of “before and after” photos; promise results (including weight loss); expose patients; post religious content or non-scientific techniques; announce a not validly recognized specialty/area of ​​work; carry out consultations; publicize prices and discounts.

Even on social networks, it is necessary to identify yourself with the CFM number and RQE (if you have one). It is recommended to inform truthful content in accessible language; respond to public inquiries, as long as they do not constitute consultation, diagnosis or prescription; indicate the demand for specialized care. There is also the possibility of mixing professional and personal content, as long as the current rules for medical advertising are respected, as well as using humor in the posts, but in a respectful way.

In conclusion, publicity in general and social networks can be great allies for doctors to publicize their work and disseminate information to the public. However, it must be carried out with responsibility and conscience, taking into account the existing rules, under penalty of ethical accountability before the Medical Councils and even before the Judiciary. In this sense, it is very important to consult professionals when there are doubts about the subject.