Medical authority in Indonesian clinical : An app-based telemedicine program

Chandrika Karis Adhalia, Muhammad Fakih, Ria Wierma Putri
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Abstract

Background : Doctors who practice through application-based telemedicine do not have a clear legal regarding the services they provide. Telemedicine regulations that exist in Indonesia are still inadequate to cover all actions in telemedicine transactions, especially for legal protection for doctors who are legal subjects in this transaction. Given that until now, every telemedicine transaction must be under a Health Service Facility or an Online Doctor Consultation Service Provider. Thus, the doctor here as a provider of consulting services is actually not the main person who makes this transaction possibleMethod: Normative juridical approach, namely research conducted byhow to examine theories, concepts, legal principles and legislation related to this researchResults: Article 50 of law number 29 of 2004 concerning medical practice explains that a doctor has the right to obtain legal protection as long as his actions are in accordance with professional standards and standard operating procedures. In terms of application-based telemedicine, doctors do not have a practice permit, but during the COVID-19 pandemic, telemedicine was developed massively, the pandemic was considered an emergency, so the KKI regulation NUMBER 74 of 2020 concerning clinical authority and medical practice through telemedicine was issued during the COVID-19 period. The limit of clinical authority for application-based telemedicine practice is limited to consultation, not including medical action and administration of hard drugs.Conclusion: A doctor who has pocketed the STR is authorized to provide health services in accordance with his competence. The authority obtained by a doctor who has an STR is a form of recognition given by the government to the doctor concerned that he is worthy to provide health services in the form of medical practice. The limit of clinical authority for application-based telemedicine practice is limited to consultation, not including medical action and administration of hard drugs.
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印度尼西亚临床医学中的医疗权威基于应用程序的远程医疗项目
背景:通过基于应用的远程医疗执业的医生在提供服务方面没有明确的法律规定。印尼现有的远程医疗法规仍不足以涵盖远程医疗交易中的所有行为,特别是对作为交易合法主体的医生的法律保护。鉴于到目前为止,每笔远程医疗交易都必须由医疗服务机构或在线医生咨询服务提供商进行。因此,作为咨询服务提供方的医生实际上并不是促成这一交易的主体:规范法学方法,即通过如何研究与本研究相关的理论、概念、法律原则和立法进行研究:2004 年关于医疗实践的第 29 号法律第 50 条规定,医生只要其行为符合专业标准和标准操作程序,就有权获得法律保护。就基于应用的远程医疗而言,医生没有执业许可证,但在 COVID-19 大流行期间,远程医疗得到了大规模发展,大流行被视为紧急事件,因此在 COVID-19 期间颁布了关于临床权限和通过远程医疗行医的 2020 年第 74 号 KKI 法规。应用型远程医疗的临床权限仅限于咨询,不包括医疗行为和硬性药物的使用:结论:获得 STR 的医生有权根据其能力提供医疗服务。持有《医疗机构执业许可证》的医生所获得的授权,是政府对该医生值得以医疗执业形式提供医疗服务的一种认可。应用型远程医疗实践的临床权限仅限于咨询,不包括医疗行动和硬性药物的使用。
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