远程护理立法回顾:以法国远程护理法为例

Seon-Gyu Han, Eun-Kyoung Yun
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引用次数: 0

摘要

2019冠状病毒病大流行促使传统面对面提供医疗保健服务的方式发生重大转变,导致全球各种形式的数字医疗激增。在国际上,除了远程咨询和远程医疗之外,越来越重视培育用于疾病治疗和健康促进的数字卫生产业。各种保健专业人员正在积极参与范围广泛的远程保健实践,包括远程教育、远程监测和远程咨询,并制定了相应的立法框架。为了应对新冠肺炎危机,韩国暂时允许医生和患者之间进行远程医疗。随后,随着国民对远程医疗的积极态度的出现,重新提出了有关远程医疗的修改案。然而,拟议的《医疗法》修正案仍然主要围绕医生和病人之间的远程会诊,主要是在医院内。在韩国,护士一直积极参与远程护理任务,包括支持远程会诊、远程监测患者、远程咨询、远程解释、远程观察、远程监控和远程教育患者家属。作为卫生和福利部基于社区的远程医疗试点方案的一部分,这种参与超出了COVID-19传染病危机的范围,包括常规情景。然而,韩国现有的法律框架未能充分解决这一现实。鉴于该国远程医疗保健的实际情况及其进一步发展的潜力,至关重要的是建立涵盖护士预期作用和责任的法律规定,这在现行医疗法律中仍未得到解决。这项研究考虑了法国,该国在2019年的远程保健法中增加了《远程保健法》,规定并立法了护士角色的范围、条件和绩效费用。通过这一点,本文讨论了韩国远程医疗试点项目的问题和影响,以及法律修订应包括的事项。
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Review for legislation of telenursing: Focusing on telecare law in France
The COVID-19 pandemic has prompted significant transformations in the traditional face-to-face provision of healthcare services, leading to a global surge in diverse forms of digital health. Internationally, there is a growing focus on fostering the digital health industry for disease treatment and health promotion, beyond just teleconsultation and telemedicine. Various healthcare professionals are actively participating in a broad range of telehealth practices, including tele-education, tele monitoring, and telecounseling, with corresponding legislative frameworks being put in place. In response to the COVID-19 crisis, South Korea temporarily permitted telemedicine between physicians and patients. Subsequently, as positive public sentiment towards telemedicine emerged, a revised bill concerning telemedicine was reintroduced. However, the proposed amendments to the medical law still primarily revolve around teleconsultations between doctors and patients, predominantly within hospital. Within South Korea, nurses have been actively engaged in telenursing tasks, encompassing support for teleconsultations, remote monitoring of patients, telecounseling, remote explanations, remote observations, telesurveillance, and tele-education of patients’s family. This involvement extends beyond the context of the COVID-19 infectious disease crisis, encompassing routine scenarios, as part of the Ministry of Health and Welfare's community-based telehealthcare pilot program. Nonetheless, the existing legal framework in South Korea fails to adequately address this reality. Given the actual landscape of remote healthcare in the country and its potential for further advancement, it is crucial to establish legal provisions that encompass the expected roles and responsibilities of nurses, which currently remain unaddressed within the prevailing medical laws. This study considered France which stipulated and legislated the scope of nurse roles, conditions and fees for performance within Telecare Act that was added in Telehealth law in 2019. Through this, this paper discuss the problems and implications of the pilot project about telemedicine in South Korea and matters that should be included in the revision of the law.
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