MEC publishes ordinance authorizing the establishment of new Medical School courses

On April 06, 2023, the Ministry of Education (“MEC”) published Ordinance No. 650/2023, aimed at:

• repealing Ordinance No. 328/2018, which formerly suspended the opening of new medical school vacancies;
• establishing the policy for public calls for the authorization of undergraduate Medical School courses, offered by private higher education institutions; and
• providing for the reopening of requests for new vacancies in the Federal Higher Education System.

This Ordinance consolidates the end of what was known as “Moratorium on New Medical School Courses,” which had been in effect since 2018.

In light of the new publication, we highlight the main topics related to the new Ordinance.

New Medical School courses in private higher education institutions

The authorization for the operation of undergraduate medical courses must be preceded by either of the following two public call types: social need, or structure of services related to healthcare and medical training.

• Public call for social need: aimed at the healthcare regions with the lowest ratio of vacancies/doctors per inhabitant will be prioritized. The following will be considered: (a) the importance and social need for the course; and (b) the existence of adequate  and high-quality equipment in the healthcare network of Brazil’s Healthcare System (Sistema Único de Saúde, or “SUS”).
• Public call for healthcare and medical training services: the integration into the regional healthcare system through partnerships (allowing graduates to practice as healthcare professionals) must be included, as well as vacancies based on social inclusion, and the offer of specialized medical training in medical residency.

In both public call types, the requests for authorization, accreditation, and their respective renewals for Medical School courses will be analyzed according to the evaluation documents defined by Anísio Teixeira National Institute for Educational Studies and Research (“INEP”).

The MEC also sets forth a deadline of 120 days to publish such public calls, calculated from the publication of the Ordinance under discussion.

More vacancies for Medical School courses in public higher education institutions

Contrary to the provisions established to date for private education institutions, the MEC has not yet decided what the applicable procedure will be in this case, but it has established a deadline of 120 days for creating more vacancies in federal higher education.

During this period, the institution must consult the Interministerial Commission for Health Education Management, established on March 20, 2023, through Decree No. 11,440/2023, regarding suggestions on workflow, procedures, calendar and decision patterns for submission request procedures aimed at creating new vacancies in Medical School courses.

Direct Impact on Mais Médicos Program

The decision to authorize the creation of new Medical School courses came soon after the publication of Provisional Measure No. 1,165/2023, which established the national strategy for training health specialists, under the Mais Médicos Program (a government initiative encouraging foreign healthcare professionals to fill the shortage of doctors in rural areas of Brazil).

Both Ordinances seek to enable access to medical care in vulnerable and suburban regions throughout Brazil.  With the authorization for new medical school vacancies in federal institutions and the actions aimed at the training of specialists, the Government expects to solve part of the problems caused by the lack of access to medical care.

Demarest’s Public and Regulatory Law team is following the sector’s updates and is available to provide further information or clarification.