Improving Legal Framework for Telemedicine between Physicians and Patients
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This paper explores legal strategies for introducing telemedicine between physicians and patients. It thoroughly explored the definition and significance of telemedicine, scrutinized regulations pertaining to remote healthcare embedded in the Medical Service Act, and meticulously dissected proposed amendments to the Medical Service Act aimed at incorporating telemedicine between physician and patient. Specifically, it sheds light on the repercussions of the evolving medical landscape attributed to COVID-19 on the legal infrastructure of telemedicine. Focal points of discussion encompassed challenges in interpreting the Medical Service Act, regulatory frameworks for telemedicine platforms, and incremental legal enhancements. By drawing from recent government pronouncements on enhancement measures of pilot initiatives, this paper underscores the imperative for rigorous validation of safety and efficacy, presenting an exhaustive institutional analysis to foster the implementation of telemedicine.
Abstract
This paper explores legal strategies for introducing telemedicine between physicians and patients. It thoroughly explored the definition and significance of telemedicine, scrutinized regulations pertaining to remote healthcare embedded in the Medical Service Act, and meticulously dissected proposed amendments to the Medical Service Act aimed at incorporating telemedicine between physician and patient. Specifically, it sheds light on the repercussions of the evolving medical landscape attributed to COVID-19 on the legal infrastructure of telemedicine. Focal points of discussion encompassed challenges in interpreting the Medical Service Act, regulatory frameworks for telemedicine platforms, and incremental legal enhancements. By drawing from recent government pronouncements on enhancement measures of pilot initiatives, this paper underscores the imperative for rigorous validation of safety and efficacy, presenting an exhaustive institutional analysis to foster the implementation of telemedicine.
참고문헌 (40)
- "l’Assurance Maladie" (2023)[URL]
- Choi, Hye-young, "Proposal, "Partial Amendment to the Medical Service Act." 2112870", ~ (2021)
- "Constitutional Court. 2012. Decision of March 29. Case No. 2010Hun-Ba83", ~
- Go, Hee-jung, "Primary Care-Centered Telemedicine", Korean Journal of Family Practice, 20(1), pp.13~22 (1999)
- "Government. 2010. Partial Amendment to the Medical Service Act. 1808132", ~ (2010)
- "Government. 2014. Partial Amendment to the Medical Service Act. 1909995", ~ (2014)
- "Government. 2016. Medical Service Act Amendment Bill, Bill. 2000397", ~ (2016)
- Review Report on the Partial Amendment Bill of the Medical Service Act (Proposed by Representative Shin Hyun-young, Bill No. 2121007), "Health and Welfare Committee of the National Assembly", ~ (2023)
- Hyun, Doo Youn, "Legal Regulations on Telemedicine and Their Problems", The Korean Society of Law and Medicine, 23(1), pp.3~33 (2022)
- Jang, Yeon-hwa, "A Study on Face-to-Face Treatment Obligations of Medical Doctors and Interpretation of the Medical Services Law Article 17 Section 1", Ewha Law Journal, 17(4), pp.307~332 (2013)
- Kang Byung-won, "Partial Amendment to the Medical Service Act. 2112756", ~ (2021)
- Key Issues and Future Challenges in the Introduction of Doctor-Patient Telemedicine, "Kim Joo-kyung", ~, pp.Issues and Points. No. 1215 (2016)
- Kim, Jong Yeop, "Advantages and Necessities of Telehealth Care Service", The Korean Journal of Medicine, 95(4), pp.217~227 (2020)
- Kim, Sung-won, "Partial Amendment to the Medical Service Act. 2121133", ~ (2023)
- Lee, Jong-seong, "Partial Amendment to the Medical Service Act. 2118012", ~ (2022)
- Lee, Won Bok, "Legal Issues To Be Considered Before Implementing Telehealth in South Korea", The Korean Society of Law and Medicine, 22(1), pp.57~90 (2021)
- Medical Observer, "Shadows of Non-Face-to-Face Consultation Platforms: Violations of Medical and Pharmacy Laws... What is the Solution?", ~ (2022)
- Medical Times, "Ministry of Health and Welfare Allows Remote Consultation Exceptions for Samsung Seoul", ~ (2015)
- Core of Primary Care Activation is Primary Care Physician System + Telemedicine, "Medical Times", ~ (2021)
- Ministry of Health and Welfare, "Promotion Plan for Doctor-Patient Remote Medical Care Centered on Local Clinics", ~ (2013)
- Remote Medical Care Pilot Project Starts at the End of September, "Ministry of Health and Welfare", ~ (2014)
- Promotion of Telemedicine Expansion to Address Medical Blind Spots, "Ministry of Health and Welfare", ~ (2016)
- Ministry of Health and Welfare, "Temporary Allowance for Telephone Consultation, Prescription, and Proxy Prescription", Announcement. 2020-177, ~ (2020)
- Ministry of Health and Welfare, "Guidelines for Temporary Non-face-to-face Consultation", Announcement. 2020-899, ~ (2020)
- Ministry of Health and Welfare, "Guidelines and Casebook (2nd Edition) for Non-Medical Health Management Services", ~ (2022)
- Ministry of Health and Welfare, "Pilot Project for Non-face-to-face Medical Services to be Implemented from June 1", ~ (2023)
- Ministry of Science, ICT and Future Planning, "Expansion of In-Person Guidance Services for Doctors through Medical Data!", ~ (2020)
- National Assembly Health and Welfare Committee, "Review Report on Partial Amendment to the Medical Service Act", ~ (2021)
- Park, Chan-sook, "Partial Amendment to the Medical Service Act. 177383", ~ (2007)
- Pharm News, "While more than 60,000 Prescriptions for 'Illegal Drugs' Were Issued during Non-face-to-face Consultations, What did the Ministry of Health and Welfare do?", ~ (2023)
- Ryoo, Hwa Shin, "A Study on Some Legislative Proposals in the Medical Act on Telemedicine", Journal of Legislation Research, 28, pp.257~279 (2005)
- Shin, Hyeon-young, "Partial Amendment to the Medical Service Act. 2120760", ~ (2023)
- Supreme Court, "Decision of April 11, 2013. Case No. 2010Do1388", ~ (2013)
- Supreme Court, "Regarding the Cancellation of the Suspension Order for the Implementation of Medical Technology. Decision No. 2013Du21129", ~ (2016)
- Supreme Court, "Decision of October 13, 2016. Case No. 2016Do11407", ~ (2016)
- Supreme Court, "Decision of May 14, 2020. Case No. 2014Do9607", ~ (2020)
- The Guardian, "All GP Consultations Should be Remote by Default, Says Matt Hancock", ~ (2020)
- WHO, "Consolidated Telemedicine Implementation Guide", ~ (2022)
- Yonhap News, "Patients, Civic Groups, and Medical Associations Argue Against the Legislation of Telemedicine", ~ (2023)
- Young Doctor, "Remote Monitoring is Different from Remote Treatment... Should be Allowed for Patients with Arrhythmia", ~ (2023)
