Telemedicine : Proper Forms and Legal Perspectives.

Abstract

Telemedicine has rapidly developed due to communication technology and the healthcare crisis caused by COVID-19, including in Thailand. In Thailand, there is no primary legislation to regulate telemedicine, although there are announcements from the Ministry of Public Health and the Medical Council that provide guidance and oversight. Both of these announcements are based on recommendations from the World Health Organization (WHO) regarding telemedicine, which were created to help agencies establish operational standards. Civil law regarding breach of contract, torts, and the Personal Data Protection Act B.E. 2562 (2019) are also important laws that telemedicine must operate under. These laws include the protection of personal and sensitive data.

            Agencies that conduct telemedicine operations must be regulated to meet professional standards. They must be conducted only through service providers. They must obtain patient consent for data use, storage, and processing. Providers must be aware of the limitations of telemedicine, use it only when it is safe for the patient, and avoid using telemedicine for diseases that require a physical examination to obtain a diagnosis.

            The EU recommends that telemedicine be assessed as appropriate for use in radiological diagnosis, for pathological diagnosis, for dermatological diagnosis, for specialist consultation, for treatment monitoring, for remote surgical supervision and for retinal diagnosis.