This blog is written by Viswa Ganesh K a Fourth-year law student of School of Excellence in Law

INTRODUCTION

The Telemedicine is an advanced medico- system provides pathway for the improvement of digital health world. It provides medical services at the doorstep of the people and act as a guide for the care-takers. The law of the medicine is in the process to guarantee recognition and regulations for the digital hospital.

India is a most populous country in the world, comprising of the rural, semi-urban and urban peoples. The rural people are died, because of the lack of the hospital facilities in their area. In order to tackle that insufficiency, the government introduce primary health care centres, it contains least number of doctors and medical equipment.

The Digital platforms are used by the medical practitioners as to delivery health services to the patients in a speedy remedial manner. The pre-cautionary measure for treatment in emergency cases are taken by the doctors through the tele-health clinic. The article fill addresses the telemedicine services, its practice, regulation and recognition under the law of medicine in the modern country.

DEFINITION

The WHO defines, “Telemedicine is the delivery of health care services using information and communication technologies for the exchange of valid information for diagnosis, treatment, and prevention of disease and injuries, research and evaluation, and for the continuing education of healthcare providers, where distance is a critical factor.”[1]

TELEMEDICINE IN INDIA

The Telemedicine Pilot Project of 2001 was initiated by Indian Space Research Organisation by linking the city hospital with the rural hospital in the state of Andhra Pradesh. After that in 2017, the National Health Policy is implemented with the aim to improving the Online Medical Consultation. The Ayushman Bharat scheme of 2019[2] framed the guidelines to avail the telemedicine services in India.

LEGISLATIVE SCOPE

The “Indian Medical Council (Professional Conduct, Etiquette, and Ethics) Regulation” is made under the Indian Medical Council Act,2002 framed the “Telemedicine Practice Guidelines”[3] which regulates the telehealth services between the patient and doctors. The Registered Medical practitioners (RMP) is allowed to provide telehealth consultation to the people.

The steps for treatment involved in telemedical services as per guidelines:

1. The RMP should identify the personal details of the patient.

2. To choose any mode of communication for to conduct a treatment session.

3. To analyse the disease of the patient, made guidance for first aid treatment and to prescribe the low-level abuse potential medicines.

4. The Medical report of the patient should be maintained and kept as private.

5. The Records of the telehealth consultation are to be maintained.

JUDICIARY SCOPE

The Deepa Sanjeev Pawaskar and Another V. State of Maharashtra[4], the Bombay High Court held that the doctor negligently acted upon the treatment of pregnant women as he gives consultation of treatment through telephone, leads her to dead. And the Popular high-profile case of late actor Sushant Singh deals with prescription of clonazepam drug given to him through the teleconsultation.[5] It is an illegal drug as per the guidelines of practice of telemedicine.

TELEMEDICINE AROUND THE WORLD

The Singapore is the fore-most Asian country to adopt the concept of telemedicine and healthcare system with the rate of complete efficiency in the medical service. The earlier adoption of the certificate process in Cannada makes the pathway to achieve the protection of data of the patients. The concept of slides was introduced to show the report of the treatment to their patients.

The SAARC e-Network Tele-medicine project[6] aims at providing on-line medical consultation at two hours per day for its members. It provides Continuing Medical Education (CME) to the practising doctors and nurses to improve the knowledge in that digital medical field.

CHALLENGES INVOLVED IN TELE-HEALTH SERVICES:

1. The liability of the doctors as well as patients is not clearly described.

2. The maintenance of privacy of data is in difficult as they are adherence to the conditions of the digital platforms.

3. The medical reports of the patients are not maintained by the medical practitioners in the digital forum.

4. The medicine is prescribed by the doctors in the teleconsultation leads to confusion of date of imbursement.

The implementation of Telemedicine services law is the only way to regulate the system of telehealth consultation and to apply absolute liability on the medical practitioners for any default of medical treatment occurs in digital platform.

CONCLUSION

The Tele-medical services are founded on the basis of prevalence of digital communication around the world. It is the only way to provide the medical treatment for needy people in a faster, efficient and remedial manner. In order to tackle the large gap between the rural and urban people as in the way to facilitate the medical services in their hospitals, the digital hospital system is evolved in the modern world.

In India, the number of internet users increases drastically is the driving force to adopt the telemedical system and implement in all areas.[7] It creates the fear of data protection of medical treatment and individual information due to the lack of stringent law in the country. The IT companies should join hands with the government for the maintenance of confidentiality of information and the data protection. The wider acceptance of the future medical advancement provides safe medical care to the patients in the democratic nation.

References:

[1] Consolidated guide to running effective telemedicine services, https://www.who.int.in accessed 09 September, 2024).

[2] Mukti Prasad, Current trends in Telemedicine in India, (TIFAC Council, New Delhi) 1-5.

[3] Indian Medical Council Act of 2002, https://wbconsumers.gov.in accessed 09 September,2024.

[4] Deepa Sanjeev Pawaskar and Another V. State of Maharashtra, https://indiankanoon.org accessed 10 September, 2024.

[5] Priyanka Singh and Anr V. State of Maharashtra and Ors, https://indiankanoon.org accessed 10 September, 2024.

[6] Dr. Vishwas Mehta, Telemedicine around the world (Telemedicine Division, MOHFW, Govt. of India) 50-65.

[7] Telemedicine in India: A tool for transforming health care in the era of Covid-19 pandemic, www.ncbi.nlm.nih.gov accessed 10 September, 2024.