LettersWhy Hong Kong must regulate all doctors providing telemedicine
- Readers discuss why there must be ways of holding providers of telehealth services accountable and how the incoming administration can help sufferers of mental illness
The Medical Council of Hong Kong Ethical Guidelines on Practice of Telemedicine stipulate that “a doctor must comply with the law governing the practice of medicine in all jurisdictions where patients receive his medical services”. They also say that “the Medical Council may report any person, who not being a registered medical practitioner (or exempted from registration) practises telemedicine on patients in Hong Kong, to the relevant professional body and/or law enforcement agency for investigation and prosecution”.
The Medical Registration Ordinance stipulates that “any person who not being registered or provisionally registered or exempted from registration practises medicine or surgery commits an offence” and who “does any medical diagnosis, prescribes any medical treatment or performs any medical treatment in relation to a person which results in personal injury to that person commits an offence”.
Medical practice is not just prescribing medicine. Giving medical advice while holding oneself out as a doctor is medical practice. One has to be practising medicine where their patient happens to be, whether they are also considered to be practising where they are situated.
Picture this: Dr A in an overseas location conducts a teleconsultation with Mr Chan, who has chest pain. He shows Dr A an electrocardiogram he captured on a chest band. Dr A tells him not to worry as it looks normal. The doctor explains that given his history of costochondritis – an inflammation of the cartilage that joins a rib to the breastbone – the pain is a flare-up of costochondritis.