Research On Internet Medical Legal Regulation

The development of "Internet + medical health",using the diagnosis and treatment model of triage medical treatment,has achieved the goal of relieving the pressure of physical examination,optimizing the allocation of medical resources,improving the medical service process,and improving the consumer service experience.However,it has brought many problems in the field,such as the definition of Internet medical concept,the governance of false advertising,the protection of patient information,and the identification and commitment of Internet medical accidents.On July 17,2018,the National Health and Health Committee and the State Administration of Traditional Chinese Medicine issued the "Regulations on the Management of Telemedicine Services(Trial)","Administrative Measures for Internet Diagnosis and Treatment(Trial)" and "Administrative Measures for Internet Hospitals".Trial documents(hereinafter referred to as "Internet medical legal documents")require classified management and scientific regulation of Internet medical behavior to improve the work level of Internet medical institutions and their medical staff,and to ensure the effectiveness and level of Internet medical care.In view of this,the author intends to comprehensively analyze and make recommendations on the legal issues and regulations in Internet medical treatment from the pre-diagnosis,diagnosis and post-diagnosis of Internet medical treatment.The contents of each chapter are as follows:In the introduction part,the author briefly expounds the background,significance and literature review of Internet medical legal regulation.At the same time,it also introduces the methods,ideas and innovations used in this paper.The first chapter briefly introduces the origin,definition and classification of Internet medical care.According to the different users and service methods,it can be divided into three categories: Internet diagnosis and treatment,Internet hospital,and telemedicine.According to different service contents,it can be divided into Internet medical diagnosis and treatment platform,health care information sharing platform and auxiliary application of physical medical institutions.Secondly,from the four aspects of business premises,operating funds(guarantee mechanism),medical staff(doctor's license)and management system(internal regulations),as well as the three dimensions of pre-diagnosis,diagnosis and post-diagnosis,the traditional medical treatment is briefly compared.Internet medical treatment,and the specificity of Internet medical treatment,its own problems and possible risks.Under the background of analyzing the insufficiency of Internet medical care,the second chapter introduces five problems of Internet medical treatment from the perspective of regulation.They are the qualification examination of doctors in Internet medical treatment,the legality of practicing,and the high caused by Internet medical advertisements.Risks,Internet medical personal information has hidden dangers,lack of Internet medical dispute resolution mechanisms,overlapping functions of regulatory agencies,and weak regulatory power.Then use a chapter to introduce some of the extraterritorial experience,such as the US Health Insurance Portability and Accountability Act(HIPAA)experience on patient privacy and the scope and supervision of the FDA's Final Guide to Internet Medical Applications.The object and the content of responsibility identification were discussed.The EU's experience in supervision subjects,medical insurance,data security protection,and supervision methods was analyzed,and various systems were compared,which provided a proposal for China's countermeasures.Learn from.In view of China's current specific problems and the experience of the world's mature countries,the fourth chapter puts forward suggestions for the improvement of Internet medical regulation: First,through the requirements of the subject qualifications of both doctors and patients,standardizing doctors' online counseling behaviors and service behaviors.And establish a medical service evaluation system to achieve the purpose of practicing doctors' qualifications and safe medical treatment;the second is to standardize Internet medical advertisements by improving the top-level legal system,joint multi-functional departments to jointly supervise and construct a multi-participatory governance system;The scope of “inappropriate behavior against patient's personal information”,increase administrative fines to improve the punishment of information violations,and increase the protection of pre-existing remedies to cope with the occurrence of sudden patient information security incidents to achieve Internet medical care The protection of patients' personal information;Fourth,by distinguishing the types of disputes,clarifying the responsibilities of all parties,demarcating the courts,and establishing an online Internet medical dispute handling platform with reference to the online dispute resolution platform(ODR),thereby saving the public resources of dispute resolution.,efficient processing Network operators and disputes medical patients,it will be a balancing mechanism also take into account the interests of consumers and operators.At the same time,the handling of disputes will also become an important basis for the evaluation and rating of operators.The fifth is to achieve scientific and effective supervision of Internet medical care by clarifying the main body of supervision,innovative supervision methods,and establishing a social supervision mechanism.