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KMID : 1211620180130020147
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Journal of the Korean Society of Physical Medicine
2018 Volume.13 No. 2 p.147 ~ p.156
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A Teleological Interpretation of a Doctor’s “Guidance” for Physical Therapist
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Lee Ju-Il
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Abstract
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PURPOSE: The law pertaining to medical service technologists does not discuss the scope and limits of doctors’ guidelines. My paper aims to discuss these topics.
METHODS: This study was based on a review of literature and an analysis of judicial precedents.
RESULTS: Physical therapists have often noted the need for independent practitioners in their articles on health care. Their continued discussions on professional and educational differences have centered round this issue, but their ideas have not been accepted. Practitioners have continued to interpret doctors’ guidelines in hospitals without discussing their scope. However, the Supreme Court presented a meaningful decision outlining the conceptual limits and the scope of medical practice. The court suggested, basing its interpretation in the goal of clarifying the concept of medical activities smoothly, was to follow a specific judgment on the levels of education, testing, and professionalism.
CONCLUSION: The role of physical therapists is expanding in this country, in order to meet the needs of the ultra-aged society. Education is already responding to rising training needs. By dividing the doctors’ guidelines into indirect and direct types, if there’s no medical risk near or around the health center or hospital, it is a good idea to allow the management of physical therapy partially, while understanding the scope and limitations of these guidelines clearly. A teleological interpretation of the law is especially relevant, and can be implemented immediately by the authoritative interpretation on part of the health authorities without any legal amendments.
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KEYWORD
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Legal-discussion, Medical service technologists, Physical therapist, Teleological interpretation of the law, The constitutional court
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