2020-09-23 17:31:15 - 11

Provisional Measure provides for the electronic signature of documents issued by health professionals

Provisional Measure (“MP”) No. 983/2020 has been in force since 06/17/2020, which deals with the use and validity of electronic signatures in communications and official acts, including documents signed by health professionals, such as such as prescriptions, exam requests, reports and medical certificates, among others, related to the professional's area of expertise. The MP establishes three types of electronic signature and the requirements for their use, according to parameters related to the risk level of the documentation, information or specific service that will be provided. The text also states that it will be up to the Ministry of Health and Anvisa, within their respective competencies, to specify the hypotheses and criteria for validating each type of document. In times of a pandemic, the recently edited provisional measure aims to simplify procedures for signing documents and electronic transactions, to expand and streamline remote medical care, without giving up due security. Finally, it is worth mentioning that the electronic signature of prescriptions and medical certificates is already guaranteed by Ordinance No. 467, from March of this year, while the COVID-19 pandemic lasts. It provides that the professional will be able to use the three types of electronic signature provided for by MP 983/20, with the exception of the prescription for prescription of controlled medicine, which must be signed with a qualified signature, that is, with a signature that has ICP-Brasil certification. The recommendation to the professional is to always be attentive to the recommendations and deliberations of Anvisa and the Ministry of Health, regarding the issuance requirements for the validity of the electronically signed document, thus making the medical acts performed safe and ensuring that they can fulfill their natural purpose. . CBR Legal Advice