On September 2, the Federal Council of Medicine (CFM) published CFM Resolution 2,386/24, which establishes procedures and rules  concerning transparency about financial relationships between health care providers and pharmaceutical companies

As of March 2025, when the rule will come into force, doctors must inform their relevant Regional Council of Medicine (CRM) about links established with any of the following players:

  • pharmaceutical industries;
  • health-related inputs’ industries;
  • medical device industries, including exclusive or non-medical use equipment; and
  • intermediation companies selling medical products.

The bond will be characterized when the doctor:

  • is hired to develop occupation in the industries or intermediation companies listed above;
  • provide occasional and/or paid services;
  • carry out or participate in research, and development of drugs, materials, products, or medical devices;
  • is invited or hired to advertise in exchange for remuneration;
  • act as a member of the Brazilian National Commission for the Incorporation of Technologies into the Public Health System (Conitec) and similar deliberative councils, such as the Brazilian National Regulatory Agency for Private Health Insurance and Plans (ANS), the Brazilian National Sanitary Agency (Anvisa), and others; and
  • act as a speaker.

Procedures

Medical professionals will now have a period of 60 days, counted from the receipt of the benefit from the industry, to inform the respective CRM about the existence of a link. The termination of the relationship between the doctor and the industry must also be communicated to the authority. Such information will be disclosed a public database on CFM's platform.

In addition, the new rule establishes that the doctor must declare his conflicts of interest in interviews, debates, medical events, or any exposure to a lay public in medicine.

The resolution also prohibits physicians from receiving benefits related to unregularized medicines, orthoses, prostheses, special materials, and hospital equipment– except in the case of research protocols approved by research ethics committees.

Exceptions

The following situations are not covered by CFM Resolution 2,386/24:

  • distribution of free samples of medicines and/or medical products;
  • income and dividends arising from investments in shares and/or participation quotas in health-related industries; and
  • benefits received by scientific societies and medical entities.

Legislative scope

The Bill of Law No. 1,041/24 is currently being discussed in the House of Representatives, which intends to regulate the transparency and publicity of financial relations established between the health industries and doctors.

According to the bill under discussion, health industries would be required to publicize all financial relationships with doctors that may imply a conflict of interest.

Situations involve any type of donation or benefit to the doctor or his family, including prizes, gifts, tickets, registration for events, accommodation, financing of research stages, consultancies, and lectures, among others. PL 1,041/24 was attached to PL 7,990/17 – which also deals with the subject – and is awaiting the rapporteur's opinion.

Moreover, since 2017 the state of Minas Gerais has specific legislation that requires the industries of medicines, orthoses, prostheses, equipment, and implants to declare any donation or benefit intended for health professionals, such as gifts, tickets, registration for events, accommodation, financing of research stages, consulting, lectures. This is what State Law 22,440/16 and Decree 47,334/17 determine. The rules also establish that the state must disclose this information to the population through official websites.

The initiative was inspired by the Physician Payments Sunshine Act, or Sunshine Act, which requires manufacturers of medicines and medical devices to declare payments or transfers of value to:

  • licensed physicians, osteopathic professionals, dentists, podiatrists, optometrists, and chiropractors; and
  • university hospitals linked to Medicare.

The Life Sciences & Healthcare practice  can provide more information on the topic.