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SVMIC Introduction to Telemedicine
it as, “The use of electronic information and telecommunications
technologies to support long-distance clinical health care, patient
and professional health-related education, public health and health
administration.”
5
It is important to recognize that electronic communication makes
geopolitical boundaries nearly as porous as topographical ones.
International authorities are just as concerned with overseeing
extraterritorial medical practice as are the States of the U.S. The
European Commission’s definition of telemedicine is, ‘‘the provision
of healthcare services, through the use of ICT [information and
communication technology], in situations where the health
professional and the patient (or two health professionals) are not in
the same location. It involves secure transmission of medical data
and information, through text, sound, images or other forms needed
for the prevention, diagnosis, treatment and follow-up of patients.”
6
For the purposes of practitioners and facilities, the first question
that needs to be addressed is the legal framework governing
the activity that is being contemplated. Is it telemedicine? And,
is it legal?
Criminal liability may arise from violating licensing or other laws;
but, exposures to civil liability (i.e., malpractice) that go with the
practice of medicine are not canceled when the practice happens
at a distance—in fact, some may be amplified. A more detailed
discussion of professional liability follows in a later section.
5 https://www.healthit.gov/topic/health-it-initiatives/telemedicine-and-telehealth [7/16/18]
6 https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=celex:52008DC0689 [7/16/18]
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