Medical marketing in 2026: what CFM Resolution 2.336/2023 permits, prohibits, and how to structure your digital presence ethically

CFM Resolution No. 2.336/2023, in effect since March 2024, is the main regulatory framework for medical advertising in Brazil. It revoked Resolution 1.974/2011, updated the ethical boundaries of medical communication, and expanded the possibilities for disclosure on social media, prices, and technologies — while maintaining clear restrictions on promises of results, sensationalism, and patient exposure.

This guide explains what the norm permits and prohibits in practice, focusing on how doctors and healthcare professionals can structure their digital marketing in 2026 with ethical and legal security.

1. What is medical marketing according to the CFM

Medical marketing is the set of communication actions used by professionals and healthcare institutions to disseminate services, qualifications, care structure, and relevant information to the public. In Brazil, this activity is regulated by the Federal Council of Medicine (CFM) and the Medical Ethics Code.

CFM Resolution No. 2.336/2023 distinguishes two central concepts:

• Medical advertising: communication directed to the general public about services, structure, technologies, and care values.
• Medical propaganda: dissemination of theses, studies, and scientific results primarily aimed at the medical and academic public.

In practice, the norm treats both concepts with similar principles: any public communication by a doctor about their professional practice is considered medical advertising and is subject to CFM rules — regardless of the channel used (social media, website, blog, interviews, print material, or digital ads).

2. What changed with CFM Resolution 2.336/2023

Resolution 2.336/2023 came into effect in March 2024, revoking the old CFM Resolution 1.974/2011. The main changes compared to the previous norm are:

• Social media explicitly recognized as a legitimate channel for medical advertising, with specific rules for identification and content.
• Disclosure of consultation prices is now permitted, as is information about payment methods and campaigns with discounts — as long as there are no sweepstakes or tied sales that trivialize the medical act.
• Use of images and videos for educational purposes has been regulated, including selfies in a professional environment, provided they are not sensationalist and respect patient privacy.
• Disclosure of equipment and technologies used in the clinic is now permitted, without attributing miraculous capabilities or absolute superiority over other resources.
• Reposts and shares of patient praise or testimonials are now treated as medical advertising — the doctor assumes editorial responsibility for the content they replicate.
• "Before and after" images have been regulated with specific criteria: formal authorization, anonymization, educational context, and absence of a promise of the same result for all patients.

The CFM also published the Medical Advertising Manual as a complementary document to the resolution, with practical examples of what is permitted and prohibited. The manual is available on the CFM portal and serves as a practical reference for situations not explicitly covered by the normative text.

3. What is permitted in medical marketing in 2026

Based on Resolution 2.336/2023 and the CFM Medical Advertising Manual, the following actions are permitted for doctors in 2026:

• Full identification: disclose full name, CRM, registration state, and RQE (when applicable) on all professional communication channels.
• Areas of practice and services: inform specialties, subspecialties recognized by the CFM and CFCs, and procedures performed.
• Structure and team: display the consultation environment, equipment, and professional support team.
• Educational content: produce and publish texts, videos, live streams, and posts that explain diseases, exams, treatments, and prevention — without promising individual results.
• Prices and conditions: inform consultation fees, accepted payment methods, and private care conditions.
• Promotional campaigns: offer discounts on consultations as long as there are no sweepstakes, prizes, or linking one procedure to the purchase of another.
• Institutional participation: appear in materials from health plans, hospitals, and institutions, with proper identification.
• Result images: show results of procedures with formal patient authorization, anonymization, educational context, and without promising replication of the result.

4. What remains prohibited and can lead to an ethical process

Even with the modernization of rules, the ethical limits of medical advertising remain well-defined. The following practices remain prohibited by Resolution 2.336/2023:

• Promise of results or guarantee of cure: any communication that assures the patient a specific treatment or procedure result, especially in aesthetic medicine, oncology, and surgeries.
• Sensationalist language: use of shocking expressions, exaggeration, or exploitation of the emotional vulnerability of a sick person to attract consultations.
• Depreciative comparisons: statements like "the only one that works," "the best in town," or "guaranteed result" that unfairly compare the doctor to other professionals.
• Patient exposure without consent: publication of images, stories, or data that allow patient identification without formal authorization and without ethical and legal justification supported by the LGPD.
• Improper commercialization: sweepstakes for procedures, prizes linked to consultations, or "buy one procedure, get another" type packages.
• Teaching exclusive acts to laypeople: live streams, open courses, or content that instructs non-doctors to perform procedures exclusive to medicine.
• Empty self-promotion: use of clinical cases or result images without educational purpose, solely for personal image building.

5. Social media for doctors: rules and best practices in 2026

Social media is recognized by Resolution 2.336/2023 as a legitimate channel for medical advertising. They are also the main point of ethical risk, due to the speed of publication and the unpredictable reach of content.

5.1 Mandatory identification

The doctor must maintain on their public profiles, permanently and visibly: full name, CRM and registration state, and RQE when the publication refers to a specific area of practice. This identification applies to personal profiles used for professional disclosure, institutional pages, and clinic profiles where the doctor acts as technical responsible.

5.2 Educational content as standard

The distinction criterion between permitted and prohibited content on social media is, to a large extent, the intention and educational effect. Content that explains health conditions, guides when to seek care, describes procedures, or contextualizes risks is permitted. Content that uses suffering, vulnerability, or sensationalizing results to attract patients is not.

It is possible to show routine, behind-the-scenes, and aspects of professional life, as long as there is no patient exposure, no pejorative tone, and no transforming clinical situations into entertainment.

5.3 Testimonials, praise, and reposts

By reposting or sharing any comment, story, review, or praise from a patient, the doctor assumes editorial responsibility for that content — which is then treated as medical advertising authored by the doctor. The criteria applied are the same as for direct advertising: absence of a promise of results, non-identification of the patient without consent, and sober language.

5.4 Paid advertisements (paid traffic)

Resolution 2.336/2023 does not prohibit paid advertisements on digital platforms. The content of the advertisement must follow the same rules as general medical advertising: full identification, absence of a promise of results, and an informative focus. Ads with language such as "schedule now and guarantee your result" violate the norm.

5.5 Artificial intelligence and automatically generated content

Content produced with the aid of AI and published by the doctor on their networks is the doctor's responsibility. CFM Resolution No. 2.454/2026, which regulates the use of AI in medical practice, reinforces that the professional is responsible for content published in their name, regardless of the means of production.

6. Ethical and efficient medical marketing strategies in 2026

Within the limits of Resolution 2.336/2023, there is significant room to build a consistent digital presence. The strategies below combine ethical compliance with practical results.

6.1 In-depth content on specific conditions

Complete guides, explanatory texts, and educational videos about diseases, exams, and treatments position the doctor as a reference in their specialty. This type of content is what search AI (such as Perplexity, ChatGPT, and Gemini) and Google prioritize when answering health questions — and what patients look for before their first consultation.

6.2 Presence on Google: website and local profile

Having a website with pages optimized by specialty and location (e.g., "private cardiologist in São Paulo," "pediatric neurologist Campinas") and keeping the Google Business Profile updated are high-return actions for doctors who see patients in person. Google reviews directly impact patient decisions before calling or scheduling.

6.3 Post-consultation relationship

Communication after the consultation — return reminders, educational materials sent by email or WhatsApp, follow-up guidance — strengthens the bond and increases the referral rate. This type of action is not advertising in the strict sense of the norm, but it integrates the experience that the patient describes when recommending the doctor.

6.4 Institutional partnerships and community presence

Participation in events, lectures in companies, schools, and community spaces, and partnerships with other healthcare professionals broaden reach organically and within ethical limits. These actions build reputation without the risk of regulatory slippage present on social media.

7. How to build a medical marketing plan for 2026

A medical marketing plan doesn't need to be complex to be effective. The central criterion is consistency — actions maintained over time yield greater results than one-off campaigns. A possible roadmap:

• Step 1 — Define the patient profile you want to attract: specialty, age group, type of complaint, location. This guides the tone, channel, and content.
• Step 2 — Audit your current base: review your website, social media profiles, Google Business Profile, medical directories, and physical materials. Ensure they are up-to-date, consistent, and comply with Resolution 2.336/2023.
• Step 3 — Choose a main channel: concentrate effort on one channel (website/blog or a social network) and use the others as support. Trying to be everywhere simultaneously dilutes quality and consistency.
• Step 4 — Create a content calendar: define monthly themes aligned with your specialty and patient behavior (health campaign dates, seasonality of diseases, frequently asked questions from consultations).
• Step 5 — Monitor and adjust: track the origin of new patients, received feedback, and recurring questions. This data is the best input for adjusting communication throughout the year.

8. Summary: visibility with legal security

CFM Resolution No. 2.336/2023 establishes that medical marketing is permitted, regulated, and necessary for patients to find the appropriate professional. What the norm requires is not silence, but responsibility: complete identification, sober language, educational intent, and the absence of promises that cannot be individually guaranteed.

In 2026, the physician who communicates their work effectively — within ethical norms — has a real advantage in attracting patients, building reputation, and differentiating themselves in an increasingly competitive market. The risk is not in appearing, but in appearing without criteria.