The Research of Legal Issues about Telemedicine

• Main Authors: Meng-Te Lai, 賴孟德
• Other Authors: Chin-fu Liao
• Format: Others
• Language: zh-TW
• Published: 2010
• Online Access: http://ndltd.ncl.edu.tw/handle/90536982939886272839

碩士 === 國立高雄第一科技大學 === 科技法律研究所 === 98 === The objective of this study is to describe legal issues concerning the field of telemedicine. Telemedicine is a care model that joins technology, telecommunication and medical expertise technique together. With the advancement of telecommunication field in Taiwan, believe to be capable of developing an ideal telemedicine care system. Current setting in Taiwan, laws governing telemedicine had sets its limitations, hindering proper implementation. One utmost important issue is the current law governing the practice of Taiwan’s Physician Law. Medical practitioner must personally be present and supervise to carry out its responsibilities in context of telemedicine. Taiwan Physician Act Art. 11:“A physician may not treat, issue prescription or certificate of diagnosis to patient not diagnosed by the physician himself or herself. In mountain areas, on outlying islands, in remote areas, or under special or urgent circumstances, however, and in response to medical needs, physician appointed by the competent authority in a special municipality or county (city) may use telecommunications methods to inquire about illness, set diagnosis and issue prescriptions, and treatment may be dispensed by nursing or obstetrics personnel belonging to health organizations.” The statement refers using telecommunication process in carrying out telemedicine as a special condition. In itself already sets limitations to the area, time and personnel of telemedicine service. The physician can only provides the telemedicine in those living in distant areas or emergency situation. Suffice it to say that under normal circumstance, patient cannot be seen using audiovisual communication hence telemedicine cannot be carried out. The current Physician’s law governing the practice of telemedicine already prevents its usage in patient under normal circumstance, this will surely hinder the development and progress of telemedicine care. The article analyses the original purpose of Physician Act Art. 11 and described it as a hinder to the development of telemedicine in our country. In the future, whether the law regarding telemedicine will be amended or a new set of law be created, hopefully there will be a solution to the problem encountered, and other related legal issues be elaborated. If ever telemedicine can be included in National Health Insurance policy coverage, it may give more room for the progress of telemedicine care field, to make it really feasible, available and common to majority.