Study On Legal Issues In Telemedicine

Telemedicine is the application and transformation of Internet information technology in medical and health care.Its purpose is to reduce medical and health costs,improve the level of medical diagnosis and treatment,and is a way of medical care to meet the health care needs of more people.With the increasing development of Internet information technology,the focus of medical application development of Internet information technology has changed from the pure information technology stage to the clinical application stage." Medical treatment" is always the ultimate destination and goal of telemedicine.No matter in the traditional medical mode or in the telemedicine mode,as long as the medical activity means the existence of medical risks.The existing laws in China are also applicable to the regulation of traditional medical treatment in terms of the basic aspects of telemedicine,but the current legislation does not directly and explicitly stipulate the various problems in telemedicine.Civil code of our country "law of the People’s Republic of China(hereinafter referred to as" "civil code"),the "regulations on the administration of medical institutions of the People’s Republic of China"(hereinafter referred to as "the regulations on the administration of medical institutions"),"the professional medical practitioners law of the People’s Republic of China"(hereinafter referred to as "the professional medical practitioners law"),such as the law of remote medical problems may occur in only in general,decentralized provisions.How to apply the above-mentioned existing legal provisions to telemedicine and what challenges telemedicine brings to the existing legal provisions are the inevitable problems in the process of developing telemedicine in China.The increase of participants in the process of telemedicine and other issues,it is necessary to systematically clarify the basic legal relations from a theoretical perspective,on this basis to explore the necessity of developing telemedicine and legal regulation in China.In the context of telemedicine,the protection of patients’ informed consent right and patients’ personal information rights and interests is the key issue.Based on the analysis of the current practical problems and legislative status in China,special laws on the protection of patients’ rights and interests should be formulated to form a relatively systematic legal system.In terms of the access to telemedicine practice,the legal standards for access are clarified from the three aspects of the access mechanism of telemedicine doctors and their medical assistants,medical institutions and Internet enterprises.In remote medical legal regulation,can refer to reference to the United States the Internet medical act,the medical practice of the interstate regulations such as law solve the problem of remote medical treatment at the present stage in China lack of regulation,to build the remote medical supervision legal system,clear the main body of regulation,in order to better solve the prescriptions and patients between all kinds of disputes and conflicts.