Abstract
Research background: The use of various information systems is currently beginning to be increasingly promoted also in the area of provision of health care. This is the so-called telemedicine and nowadays can by considared as standard - the prescribing of electronic prescriptions, enrolling in a doctor’s waiting room online and so on. One of the last services in telemedicine was the introduction of a video-call with a doctor as a form of teleconsultation. However, the video-call with the doctor is not recognized by the current law and allows it to be performed only as an emergency form of replacement of medical examination during a pandemic-related emergency. The use of telemedicine for that raises a number of serious legal issues that need to be solved. Purpose of the article: The main purpose of article is deal with the use of information systems in medicine and analyze the possibility and permissibility of using telemedicine from the legal point of view. The authors therefore analyze the possibility of providing certain acts in medicine and acts related to medical examinations online and analyze what conditions of personal data protection must be maintained in this case. Methods: The authors use the method of analysis, synthesis, system-structural method and normative-legal method of interpretation of legal norms. Findings & Value added: The main benefit of the research is the analysis of the conditions that a doctor must observe when providing telemedicine in order to provide healthcare in accordance with the law and proposals for the regulation of telemedicine de lege ferenda.
Highlights
Research background: The use of various information systems is currently beginning to be increasingly promoted in the area of provision of health care
The Health Care Act recognizes exclusively outpatient, institutional, pharmaceutical and nursing forms of health care provision.[15]. This is confirmed by the performance of 11a reimbursed by health insurance companies, which reimburse doctors exclusively for consultation with patients via video call, as well as the explanatory memorandum to the Health Care Act, which states in Article II point 6 that the introduction of video consultation ) is only a supplement to outpatient healthcare.[16]
"A crisis situation is a period during which the security of the state is immediately endangered or disturbed and the constitutional authorities may, after fulfilling the conditions laid down in this constitutional law to resolve it, declare war, declare a state of war or state of emergency or state of emergency." this legislative entrenchment means that the performance of telemedicine through a video call is possible only during a threat to the security of the state, such as current coronavirus pandemic
Summary
Research background: The use of various information systems is currently beginning to be increasingly promoted in the area of provision of health care. As the Australian study points out, it is essential that the training of doctors to practice telemedicine emphasizes the limitations of telemedicine and inform doctors about alternative methods of gathering information that cannot be used in this situation.[5] At the same time, it is necessary to think about the financial side of telemedicine (a doctor may have significant initial expenses with the introduction of telemedicine) and motivate doctors to use it financially Despite this statement, it must be emphasized (as stated in several publications, in particular a paper from a conference in the USA presenting a healthcare facility that introduced the full use of telemedicine in healthcare), that telemedicine should be provided for the benefit of the patient, not for profit ( in our opinion this idea can be applied to medicine in general). Telemedicine is about expanding services that improve the profile of the healthcare provider.[4]
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