보건복지부 「진료기록 열람 및 사본발급 업무 지침」(2022)의 법적 타당성에 대한 검토

Abstract

Guidelines for reading and issuing copies of medical records are established by the Ministry of Health and Welfare and distributed to each local government and medical institution, and each local government officer and medical institution worker apply them to the practice of reading medical records and issuing copies. Since reading and issuing copies of medical records deals with medical and personal information of patients, they are strictly applied in accordance with Article 21 of the Medical Law and Article 13-3 of the Enforcement Regulations of the same Act. However, some of the guidelines for viewing and issuing copies of medical records are new and not previously applied to the practice of local governments and medical institutions. Even if it causes confusion in related work, it is appropriate to apply it if it is applied anew and the practice is improved. However, it is assessed that some of the contents of the business guidelines for viewing and issuing copies of medical records are not so. The main content of this paper is the issuance of patient records generated and brought in by external medical institutions as the scope of records for patients covered by Article 21 of the Medical Act. And it is a matter of whether it is possible and how to send it when the legitimate requester requests to send it to a third party by the method of providing a copy of the medical record. Unlike the Ministry of Health and Welfare's authoritative interpretation of medical records access and copy issuance, this paper examined the validity by applying the legal principles of contracts such as medical contracts together. In addition, the difference between the issuance of medical records under the Medical Act and the Personal Information Protection Act was discussed, and based on the contents of the review, a partial revision of the business guidelines for viewing and issuing copies of medical records was proposed.