Legal Approach in Internet Medical Counseling

Shin, Hyun Ho

Abstract

Internet medical counseling is increasing through the recent diffusion of super-high speed network. It provides not only medical information but also substantial Internet counseling(home medical care or telemedicine) that may rander definite diagnosis and treatment on line. But Internet medical counseling is still prohibited since Korean medical law stipulates the principle of facing treatment. Soon if will be possible to deliver Internet medical counseling under the revised bill of Korean medical law on telemedicine and electronic medical record. Therefore, I would like to give some legal information and advice that merit attention when medical personnel deliver Internet medical counseling. First, in case of substantial Internet medical counseling, it would be desirable to allow Internet counseling as the second treatment with the trust between doctor and patient being the first. Internet counseling should replace facing treatment only when the latter is practically not possible. It should be initiated not by physicians??soliutation but by requests from patients themselves. Of course, full explanation about the practice, including any potential disadvantages to the patients, should be provided. Second, counseling contents should be recorded and the hard copies of the Q-and-A should be kept with signature on. Patients privacy should not be infringed. Third, in case of Internet medical counseling, medical personnel has the same responsibility as that in the facing treatment. And it is stipulated in the revised bill of Korean medical law that if there is no definite evidence that acknowledges remote doctor's fault, resident doctor has the responsibility. But this could make a resident doctor hesitate to practice telemedicine, and enough discussion should follow on this. Internet medical counseiling gives a big opportunity to provide highly developed medical techniques overcoming the geographic barrier of distance, but it also might be dangerous enough to threaten patient's life by providing wrong information and cause effluence of private inforamtion. Therefore, it is necessary to facilitate public opinion regarding the Internet medical counseling on its limit and regulation.