What Are The Legal Implications Of Online Medical Consultation

The diversification of the health sector and online global inter connectivity has made life more convenient for large population sections. However, this is a relatively new and unexplored field and is susceptible to various problems and drawbacks. As more and more people book doctor appointments online, the need for regulations also arise. Special rules and laws have to be implemented to control malpractices or foreseeable problems from online doctor appointment booking.

On 25th March, 2020, the Government of India issued the Telemedicine Practice Guidelines. The Board of Governors subsequently added an amendment to the Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002, which established a statutory foundation for online medical consultations. These guidelines officially and legally consolidated the authenticity of online medical consultations by registered medical practitioners. The practitioners practicing online have to hold at least an M.B.B.S degree. Some of the key features provided in the guidelines are:

• The guidelines provide that the first consultation with doctors is not required to be a physical visit to the clinic or hospital. Patients can book an appointment online, even during their first interaction with a doctor.
• All doctors are mandated to mention their registration number in all interactions with the patients.
• All E-prescriptions or health advice issued by a medical practitioner should bear their registration number.
• The guidelines also warn the doctors against issuing E-prescriptions for chronic diseases through telecommunications. Patients can book doctor appointments and get advice on chronic illnesses but the first prescription from a doctor, related to the patient’s disease, has to be issued during a physical check-up by the doctor.
• The guidelines also provide the doctor with the option of choosing the tele consultation medium of their choice. Doctors can interact with patients through data-sharing applications such as Skype or Zoom, or through more informal platforms such as WhatsApp or Facebook. The patients can also express their preference before booking an online doctors appointment.