New bill aims to grant physicians the right to refuse or cease telemedicine services

A bill has been proposed granting medical professionals the authority to refuse or discontinue telemedicine consultations.

It also includes provisions limiting the types of drugs that can be prescribed and the duration of prescriptions for initial telemedicine consultations, while mandating verification through the Drug Utilization Review (DUR) system.

Rep. Kim Sun-min of the splinter opposition Rebuilding Korea Party, a member of the National Assembly's Health and Welfare Committee, introduced the “Medical Service Act Amendment Bill” on Thursday.

The amendment mandates DUR verification to prevent the prescription of prohibited drugs during telemedicine consultations and restricts the types of drugs and prescription durations for initial consultations. It grants medical professionals the authority to refuse or discontinue telemedicine services and mandates patient verification, along with explanations and consent for telemedicine.

The bill also requires the government to establish and recommend standard guidelines for the appropriate provision of telemedicine services. When developing these guidelines, the opinions of medical experts, including those from medical associations, should be consulted. Platform companies must report quarterly surveys on telemedicine usage and submit the required data to the relevant authorities.

The scope of initial and follow-up telemedicine visits was also specified. In-person visits remain the standard for patient care, but telemedicine can be used as a supplement. Telemedicine is permitted for patients with the same condition who have had an in-person visit within a specified period.

However, exceptions apply to patients residing in areas with low medical accessibility, as designated by Ministry of Health and Welfare regulations, including islands and remote regions; inmates in correctional facilities with restricted access to medical institutions; active-duty military personnel; and patients eligible for proxy prescriptions.

Additionally, the operation of medical institutions dedicated solely to telemedicine is prohibited, and telemedicine is only permitted for clinics and hospitals. However, exceptions apply for patients requiring hospital-level care as defined by Ministry of Health and Welfare regulations, including those with severe, rare, or intractable diseases.

Penalties related to non-face-to-face consultations were also strengthened. The following violations will result in fines of up to 3 million won ($2,154): failure to use DUR (Drug Utilization Review); failure to verify the patient's identity and provide explanation/consent; failure to comply with restrictions on prescribable drugs or prescription duration; and providing non-face-to-face consultation intermediary services through fraudulent means.

Additionally, platform companies that refer, entice, recommend, or direct patients to medical institutions or pharmacies, or that fail to comply with quarterly reporting and data submission orders regarding telemedicine status surveys, will be subject to a fine of 2 million won for non-compliance.

“To address the problem of indiscriminate prescriptions of drugs prohibited for non-face-to-face treatment despite recent designations, the bill mandated DUR verification and added provisions for patient confirmation and explanations/consent for non-face-to-face treatment,” Kim said. “It also strengthened patient safety by restricting prescribable drugs and prescription durations.”

Six bills, including the one proposed by Kim, have been introduced to amend the Medical Service Act, with a focus on institutionalizing telemedicine. These amendments are scheduled for discussion in the Health Welfare Committee's Legislative Review Subcommittee.

As the ruling Democratic Party of Korea has included the Medical Service Act amendment, which legalizes non-face-to-face medical care, in its priority bills for this regular session of the National Assembly, discussions are expected to gain momentum. The process of legalizing non-face-to-face medical care is also expected to include the establishment of a public electronic prescription system, according to political and medical sources.