의료행위의 현대적 의의와 과제
A Study on the Modern Significance and Urgent Problem for the Practice of Medicine
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Universal definition of the "practice of medicine" doesn't exist in Korean law. However courts have defined the boundary of the practice of medicine in cases of unlicensed practitioners. According to court rulings, the practice of medicine is defined as preventing, treating for human disease and the practice that will bring about harm to one's health and sanitation if physician doesn't perform that practice. Recently government is preparing a bill to include the Supreme Court's view on the practice of medicine. In America each state regulation of medicine has its own definition of the practice of medicine. All state statutes included some combination of the following: (1)diagnosing, preventing, treating, and curing disease; (2)holding oneself out to the public as able to perform the above; (3)intending to receive a gift, fee, or compensation for the above; (4)attaching such titles as “M.D.” to one's name; (5)maintaining an office for reception, examination, and treatment; (6)performing surgery; and (7)using, administering, or prescribing drugs or medicinal preparations. In healthcare service system, clinical trials and critical medical cares are increasingly applied as scientific method to human health. The emergence of alternative and complementary medicine indicates a movement from medical orthodoxy toward a broader conceptualization of illness and health. To safeguard patient choices and recognize the growing body of literature regarding alternatives, policy-makers should reexamine the reduction of healing to medicine. And also telemedicine has destroyed the notion that healthcare services must be produced and consumed locally. As previously stated medicine is evolving rapidly. But till now the court rulings has reflected an view of practicing medicine, in which the physician is the exclusive guardian of health. As a result if a certain practice that will bring about harm to one's health and sanitation, the practice can only under physician supervision. Such definition is not proper and exceedingly vague in setting limits to the unlicensed practitioner's practice because the practice of medicine is being standardized by the adoption of both clinical guidelines and the techniques. To set a critical point between the practice of medicine and prohibited practice, the definition of the practice of medicine should be modified and amended. Courts should respond to the changing of medical circumstances and establish a new precedent to the definition of the practice of medicine.
Abstract
Universal definition of the "practice of medicine" doesn't exist in Korean law. However courts have defined the boundary of the practice of medicine in cases of unlicensed practitioners. According to court rulings, the practice of medicine is defined as preventing, treating for human disease and the practice that will bring about harm to one's health and sanitation if physician doesn't perform that practice. Recently government is preparing a bill to include the Supreme Court's view on the practice of medicine. In America each state regulation of medicine has its own definition of the practice of medicine. All state statutes included some combination of the following: (1)diagnosing, preventing, treating, and curing disease; (2)holding oneself out to the public as able to perform the above; (3)intending to receive a gift, fee, or compensation for the above; (4)attaching such titles as “M.D.” to one's name; (5)maintaining an office for reception, examination, and treatment; (6)performing surgery; and (7)using, administering, or prescribing drugs or medicinal preparations. In healthcare service system, clinical trials and critical medical cares are increasingly applied as scientific method to human health. The emergence of alternative and complementary medicine indicates a movement from medical orthodoxy toward a broader conceptualization of illness and health. To safeguard patient choices and recognize the growing body of literature regarding alternatives, policy-makers should reexamine the reduction of healing to medicine. And also telemedicine has destroyed the notion that healthcare services must be produced and consumed locally. As previously stated medicine is evolving rapidly. But till now the court rulings has reflected an view of practicing medicine, in which the physician is the exclusive guardian of health. As a result if a certain practice that will bring about harm to one's health and sanitation, the practice can only under physician supervision. Such definition is not proper and exceedingly vague in setting limits to the unlicensed practitioner's practice because the practice of medicine is being standardized by the adoption of both clinical guidelines and the techniques. To set a critical point between the practice of medicine and prohibited practice, the definition of the practice of medicine should be modified and amended. Courts should respond to the changing of medical circumstances and establish a new precedent to the definition of the practice of medicine.
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