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

Provisional Measure (“MP”) nº 983/2020 has been in force since 06/17/20, 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 signatures and the requirements for their use, according to parameters related to the level of risk of the specific documentation, information or service that will be provided.

The text also provides that it will be up to the Ministry of Health and Anvisa, within their respective powers, to specify the hypotheses and criteria for the validation of each type of document.

In times of pandemic, the recently issued provisional measure aims to simplify procedures for signing documents and electronic transactions, to expand and streamline medical care at a distance, without giving up proper security.

Finally, it is worth mentioning that the electronic signature of prescriptions and medical certificates is already guaranteed by Ordinance No. 467, of 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 by MP 983/20, with the exception of the prescription for prescription of controlled medication, which must be signed with a qualified signature, that is, with a signature that has ICP-Brazil 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 emission requirements for the validity of the electronically signed document, thus making the medical acts practiced safe and ensuring that they can comply with their natural purpose .

CBR Legal Advice


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