Government moves to ease punishment for voluntary reporting of ‘proxy surgery’

From now on, people who voluntarily report instigating medical acts, including proxy surgeries, will receive reduced penalties. In contrast, those who instigate unlicensed medical acts by non-medical personnel and are caught will face a “six-month suspension of their license.”

The Ministry of Health and Welfare has announced a legislative notice for the “Revised Rules on Administrative Dispositions in Medical Affairs,” which contains these provisions and is open for comment until Oct. 29.

The main content of the revision is that while penalties will be reduced for voluntary reporting of cases where a non-medical practitioner was made to perform medical acts or where a medical practitioner was made to perform medical acts beyond their licensed scope, a new penalty clause has been established for cases where a non-medical practitioner was made to perform medical acts.

Accordingly, if a medical professional voluntarily reports after allowing a non-medical professional to perform medical acts or allowing a medical professional to perform acts beyond their licensed scope, the penalty will be reduced to within two-thirds of the standard penalty for a first offense and within one-third of the standard penalty for a second offense.

To qualify for eased punishment, the violation must be voluntarily reported to investigative agencies or supervisory authorities before discovery, and the reporting party must provide statements, testimony, and relevant materials during related investigations and litigation.

Conversely, a new provision was established imposing a “six-month license suspension” when a non-medical practitioner is found to have performed medical procedures. This represents a strengthened penalty compared to the existing administrative standard of a three-month suspension for medical practitioners found to have performed unauthorized procedures.

“Despite institutional improvements like mandatory operating room CCTV installation, ghost surgeries and proxy surgeries continue to occur, and concerns have been raised in the National Assembly,” the ministry explained. “This revision aims to effectively prevent infringements on the right to receive legitimate medical care, foster a safe treatment environment, and safeguard patients' right to health.”

It continued, “For cases of instigating unlicensed medical practice, we expect raising the suspension period beyond current standards will heighten awareness among medical professionals, the primary instigators, regarding the illegality of such acts.”

The ministry added that stakeholders, including the Korean Medical Association and the Korean Hospital Association, agreed with the intent of the amendment after gathering their opinions.