Health ministry clarifies guidelines on lawful refusal of emergency room treatment
The Ministry of Health and Welfare (MOHW) issued a notice last Sunday stating that healthcare workers would not be held liable for refusing emergency room treatment under certain conditions.
The notice was sent to 17 provincial and metropolitan governments as well as to medical associations, including the Korean Hospital Association, the Korean Medical Association, and the Korean Nurses Association. The guidelines came into effect immediately.
According to the current Emergency Medical Service Act, emergency medical personnel are required to provide treatment without delay when an emergency patient requests medical attention or when such a patient is discovered, unless there is a justifiable reason for refusal.
The Ministry's latest guidelines provide clarification on what constitutes legitimate grounds for refusal.
The guidelines state that violence or the threat of violence in the emergency room is a valid reason to deny treatment. This includes cases of assault, threats against medical staff, or damage to medical equipment or facilities.
Additionally, healthcare professionals may refuse treatment if the patient or their guardians create a situation that could lead to charges of insult, defamation, assault, or obstruction of duty, making it impossible for the medical team to provide proper care.
Another valid reason for refusing treatment involves non-emergency cases. The guidelines specify that medical staff will not be held accountable for turning away patients classified as low-priority (Class 4 and 5) non-emergency cases under Korea's five-tier severity classification system. Conditions such as the common cold, gastroenteritis, or diarrhea fall into this category.
Other reasons for lawful refusal include a shortage of personnel, equipment, or facilities, as well as an inability to accommodate patients during disasters.
The MOHW stressed that it plans to further refine the guidelines through discussions with various experts in the field.