Telemedicine as a part of globalization and tool for innovation from the legal point of view

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.

Keywords

• telemedicine
• personal data protection
• provision of health care