간호사와 의료기사 간 업무 범위에 관한 고찰

Abstract

The nursing law, which stipulates matters related to the scope of work and improvement of treatment for nurses and nursing assistants, passed the National Assembly plenary session on August 28, 2024. There have been considerable controversies and conflicts between occupations regarding the nursing law as to the validity of independent legislation for nursing personnel such as nurses and nursing assistants. A very remarkable matter in the nursing law is about changes in the field of work, and the scope and system of work of nurses and nursing assistants were maintained under the current medical law, but as a new task, hospital-level medical institutions were allowed to perform medical support work based on general guidance and delegation of doctors (new medical support work). In addition, for medical support work and two areas of 'assistance to medical care' prescribed by the existing medical law, the work of medical technicians should be excluded in principle (independence or exclusivity of work), and the specific scope and limitations of medical support work and medical assistance were delegated to the Presidential Decree. Furthermore, nurses who wish to perform newly established medical support work must possess professional nurse qualifications or have clinical experience and qualifications for completion of curriculum prescribed by the Ministry of Health and Welfare Ordinance, and specific standards and contents of medical support work are prescribed by the Ministry of Health and Welfare. Changes in the scope of work of nursing personnel need to be reviewed in connection with the attribution of the area of responsibility of vertical division of labor, along with the empirical problem of the clinical field of efficient and reasonable instruction, delegation, and implementation of work between doctors and nursing personnel. However, the more urgent issue is that in relation to medical technicians who perform some of the medical practices under the guidance of doctors, dentists along with nursing personnel, matters on the rational distribution of work between nursing personnel and medical technicians have not yet been materialized or established, and legal and institutional maintenance is required for efficient medical provision and responsibility distribution. This is because, in precedents so far, even if nursing personnel perform some of the work of medical technicians as medical assistance, it has been judged as a legal domain. Therefore, it examines the method of business regulation under the Nursing Act and how courts have judged the limitations of the work area of nursing personnel and medical technicians, and examines how the exclusivity discipline system of each work of nursing personnel and medical technicians differs from that of Korea. It also intends to contribute to the establishment of a desirable health care system by suggesting ways to improve the legal system for improving the work system from a reasonable and integrated perspective on health care professions, including nursing personnel and medical technicians.