저출산ㆍ고령화 시대 의료 정책 및 법제 개선방안에 관한 연구 - 원격의료제도 활성화를 위한 검토를 중심으로 -

Abstract

The necessity of promoting the qualitative improvement of providing medical service using ICT is coming to the fore for medically-vulnerable people such as the handicapped, elderly people, inmates, socially disadvantaged class and the residents of rural areas. Although it has been 14 years since the enforcement of telemedicine in accordance with Article 34 of the medical law took place, the use of such service in real life is not coming in site. This paper reviews the medical law which is related to realizing medical actions through telemedicine as well as health management through remote monitoring. The paper suggests the permission of telemedicine, which is currently allowed only between medical personnel in accordance with Clause 1 Article 34, to be expanded between doctors and patients as well as doctors and nurses. The paper also suggests the improvement of medical law to include nurses in the boundary of medical personnel for telemedicine while stipulating that medical personnel who are not doctors can only perform assistant work for doctors. Currently, the scope of medical personnel described in Article 34 Telemedicine is different from the scope of medical personnel defined in Article 2 Medical Personnel. Also, according to Clause 2 of Article 34, people performing or receiving telemedicine must all have equipments such as a remote doctor's office, terminal, server, information network system etc in accordance with Article 29 of the enforcement regulation. The paper suggests the mitigation of this clause to mandate only the satisfaction of equipments as condition of facilities. Next, the paper suggests a smart clinic treatment which is a new treatment concept for telemedicine. Clause 3 and 4 cover the issue of doctor's responsibility. The paper suggests the clear stipulation of the scope of medical actions allowed in remote treatment, reviews the mitigation of doctor's responsibility, and examines the liability for damages caused by faults in telemedicine. Finally, the paper reviews and suggests improvements for the issue of sending prescriptions in accordance with Article 17 and 18, and for the issue of managing medical records in accordance with Article 22 and 23.