|· Step forward: Ozone therapy included by the Brazilian government in the public health service.
· Step back: Ozone therapy forbidden by the CFM (Federal Council of Medicine) to be practiced by physicians in the private sector.
· Paradox and current legal contradiction: On the one hand ozone therapy is authorized for practice in the public health sector and on the other hand its practice by physicians in the private service is prohibited.
· Who may practice ozone therapy in Brazil? Physicians who are working in the public sector may apply it. Physicians who are working in the private sector cannot apply it. Dentists working in the public and private sectors may practice it.
· Will there be a solution to the current legal solution and contradiction? Aboz (Brazilian Ozone Therapy Association) filed an unconstitutionality claim against the prohibition decision issued by the CMF (Federal Council of Medicine). The lawsuit is in process in a federal court.
· Imeof and ozone therapy in Brazil. Imeof (International Medical Ozone Federation) has issued a paper analyzing the legal paradox in which ozone therapy is found in that South American country, and is suggesting some proposals.
Step forward – Ozone therapy in the public health service
The Ministry of Health of Brazil through ordinance No. 702 of March 21, 2018 incorporates medical therapy to be used in the public health service called SUS (Unified Health Service),
In the ordinance of March 21, 2018 the Ministry of Health, states that “ozone therapy is an integrative and complementary practice of low cost”; notes that the therapy has a “proven and recognized safety”. He adds that “the therapeutic potential of ozone” has gained much attention administered with “precise therapeutic doses.” It indicates that this therapy “contributes to the improvement of various diseases, since it can help to recover naturally the functional capacity of the human and animal organism.”
Step back – Ozone therapy forbidden in the private health service
On April 20, 2018, practically one month after the favorable decision of the Ministry of Health, the Federal Council of Medicine (CFM) through resolution CFM No.2.181 / 2018 decided to consider “ozone therapy as an experimental procedure for the practice medical “; it specifies that it can only be used in accordance with “clinical protocols” and in “duly accredited institutions.” It emphasizes that its non-compliance will lead to investigations and ethical-professional processes against offenders. In other words, the decision prohibits physicians from practicing ozone therapy from “outside of the standards established by the CFM.” The physicians may only use it as “experimental”.
The decision of the CFM is valid only in the private sector since the Ministry of Health incorporated its practice in the public health service in the entire federal republic.
Daily paradox that the physicians are facing
Currently there is the following legal contradiction: the physician who works, for example, part time in the mornings in the public service may use ozone therapy covered by the ordinance No. 702 of March 21, 2018 of the Ministry of Health. That same physician in his private practice in the afternoons will no longer be able to use it due to the Resolution CFM No.2.181 / 2018 of the Federal Council of Medicine (CFM).
Imeof (International Medical Ozone Federation) has issued the paper
“Preliminary Legal Evaluation – Legal Situation of Ozone Therapy in Brazil” analyzing the legal paradox in which ozone therapy is found in that South American country and suggesting some proposals.
This paper indicates that Brazil is the country where the attack against ozone therapy has been the most devastating. It is currently the only country in the world where ozone therapy is prohibited if it is not used as an experimental procedure; and the only one where in a specific way it may bring sanctions for physicians who practice it.
Will there be a solution to the current legal solution and contradiction?
At present the Ordinance n ° 702 of March 21, 2018 of the Ministry of Health that includes ozone therapy within the SUS (Unified Health System) is fully in force and may be practiced legally by physicians in the public health sector of the country.
The Resolution CFM [Federal Council of Medicine] No.2.181 / 2018 that authorizes the practice of ozone therapy only as an experimental procedure is legally in force and therefore may be applied against any physician in the private sector who practices ozone therapy in a non-experimental way.
The ordinance of the Ministry of Health and the resolution of the CFM are legal and valid as long as they are not repealed, modified by those who issued it or declared it to be right or wrong according to the law by a court of justice. Currently Aboz (Brazilian Association of Ozone Therapy) has filed a lawsuit before a federal judge requesting the unconstitutionality of the CFM resolution. The lawsuit is in process.
Ozone therapy and dentistry
It should be remembered that ozone therapy can be used legally by dentists in both the private and public sectors from November 24, 2015 under resolution 166 of the Federal Council of Dentistry.
Imeof and Brazil
Imeof will continue to collaborate with Brazilian medical colleagues so that the very important step taken by the Brazilian government to include ozone therapy in the public sector will also become a reality in the private sector.