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KMID : 1234820230240040131
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Korean Society of Law and Medicine
2023 Volume.24 No. 4 p.131 ~ p.160
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Legislation Status and Legal Issues of Non-Face-to-Face Treatment
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Kim Jin-Suk
Lee Eol
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Abstract
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An amendment to Medical Law allowing permanent face-to-face treatment has been proposed in the 21st National Assembly, with five different bills introduced. However, each proposed amendment focuses on different aspects, and the issue is currently in a state of ‘ongoing review’ due to factors such as opposition from the medical profession and political considerations. However, from the perspective that the introduction of non-face-to-face treatment should be institutionalized and legislated prioritizing patient safety, certain directions are proposed. These include focusing on returning patients as the primary target, chronic diseases as the focal conditions, outpatient medical institutions as the implementing agencies, restricting non-face-to-face means primarily to video systems, and legally exempting healthcare professionals from responsibility for incidents beyond their control. The proposed directions also emphasize establishing the right to demand face-to-face treatment. It is suggested to legislate initial standards that ensure a minimum level of safety and gradually expand the scope of non-face-to-face treatment through future research, evaluation, and similar step-by-step approaches.
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KEYWORD
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Medical Law, Non-face-to-face treatment, Telemedicine, First-time patient, Legal liability
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