원격진료 실시에 수반되는 법적 쟁점들에 대한 고찰
Legal Issues To Be Considered Before Implementing Telehealth in South Korea
- 주제(키워드) 원격의료 , 원격자문 , 원격진료 , 비대면진료 , 의료법 제59조 , 개인정보 보호 , Digital health , Telehealth , COVID-19 , Health privacy , Medical Service Act of Korea
- 주제(기타) 법학
- 설명문(URI) https://www.kci.go.kr/kciportal/ci/sereArticleSearch/ciSereArtiView.kci?sereArticleSearchBean.artiId=ART002704121
- 등재 KCI등재
- 발행기관 대한의료법학회
- 발행년도 2021
- URI http://www.dcollection.net/handler/ewha/000000179906
- 본문언어 한국어
초록/요약
Telehealth has been a hotly debated health policy issue in South Korea, mostly because the medical community-especially primary care practitioners-have strongly opposed it. As a result, telehealth has remained forbidden under law. However, the temporary permission of telehealth in Korea, as well as its exploding use in other countries, all in response to COVID-19, is re-igniting the discussion on telehealth in Korea. This article explores general legal issues that may arise if and when telehealth is fully implemented in Korea. The article’s analysis shows that legislative changes are necessary to allow reimbursement of telehealth as well as remote purchase of medicine. The article also advocates introducing new evidentiary rules to curtail covert recording of telehealth sessions. On the other hand, additional legislation is probably not necessary to address the medical liability of physicians practicing telehealth or to adress much-discussed privacy issues. The existing laws in those domains are already robust enough to operate without much difficulty in the context of telehealth too.
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