Telematics--a challenge for the medical occupational law
Nitz, G.
Zeitschrift für Arztliche Fortbildung und Qualitatssicherung 99(2) 127-131; Discussion: 139-140
2005
ISSN/ISBN: 1431-7621 PMID: 15957657 Document Number: 587177
Telematics offer new possibilities to all fields of medical activity. This has numerous legal implications. From the point of view of occupational law, the prohibition of remote treatment and the doctor-patient confidentiality are of particular interest. An analysis of paragraph 7 subparagraph 3 of the Physicians' Professional Ordinance (MBO) shows that the prohibition of remote treatment is no obstacle to applications of telemedicine, as long as there is at least one personal contact between a physician and the patient (including an adequate physical examination during a multistage treatment) and an assessment of remote treatment shows no medical shortcomings. Doctor-patient confidentiality and data protection law (section 9 MBO and section 203 StGB) safeguard the informational self-determination of the patient. Before transferring patient health data to a third party, the physician has to check whether an anonymous or pseudonymous transfer is possible. The transfer requires a preferably written consent of the patient. In case personal data transfer between physicians is necessary for medical purposes, the legal preconditions correspond to those of doctor-patient confidentiality. It is controversial in which cases the patient's consent has to be declared in written form. For documentation purposes, however, the written form is recommended. Transfer of patient data has to be effected using technical data protection means such as up-to-date encryption and electronic signatures.