Is Telemedicine Legal in India?

Telemedicine is the process of connecting a remotely located patient and doctor for the purpose of carrying out a medical consultation. telemedicine is not a new invention but has been here for nearly a century. Since the invention of the radio at the turn of the 20th century, many people were eager to apply distance communication to the fields of medicine and diagnosis.

The rise of global communication and the internet has made the world a global community, with the greater movement of people we also needed to communicate longer distances in a more speedy manner. Cue the true dawn of the "information age" wherein phones dominated the communication space, this gradually gave way to cell phones, and satellite communications (courtesy of the space race and our moon landings). With the massive growth of communication networks, it was only natural that it be applied to the medical sector, ordering labs, getting rush results, getting second opinions, consulting specialists, and even more via the phone became the norm.

...

THE INTERNET CHANGED THE GAME:

With the advent of widespread and affordable internet access, the field of medicine started to move online. The widespread use of computer systems and cloud-based storage encouraged hospitals to move their patient records online, sending and receiving reports, internal communications between hospitals, and consulting remote specialists moved to the online sphere. The internet spawned an entirely new industry, namely mobile apps and web applications. Suddenly hospitals could use software designed to onboard patients, take care of indents, and create logs, lab forms, etc. Pretty much all of the tasks done by hand moved to the online sphere.

WHAT CONSTITUTES A TELE-EMERGENCY?

All of us have been to the doctor at one time or another and we have all faced the questions, examinations, the prescriptions, and payments. For most people in the world including doctors and nurses themselves, this is the series of events that makes up a patient visit. However, when we come to a remote consultation in Telehealth the sequence can change.

Some challenges include:

There can be deadly consequences when doctors dispense treatment over the phone or remotely without examining the patient thoroughly, getting a proper medical history, and adjusting dosages based on allergies, body weight, comorbidities, etc. In India, there was recently a case where two doctors were arrested and initially denied bail for causing the death of a pregnant woman in Bangalore. The doctors were charged with medical negligence for prescribing medicines over the phone without doing a proper examination or taking a proper history. Many newspapers published articles calling this a failure of Telehealth and Telemedicine.

This case cannot be called a failure of Telemedicine, rather it is the failure of the doctors to record patient data, get an accurate history and then begin treatment, failing which they should have referred the patient to a different hospital. Telemedicine as such works fine, but this and other such cases have demonstrated that telehealth services require a basic structure, framework, and guidelines.

A list of Do's and Don'ts can help both patients and doctors to carry on their consults with confidence, a legal status and a set of rules and regulations mean that patients can file complaints, ask for compensation or seek legal redressal. The basic needs and rights of the patients have to be respected no matter the mode of treatment.

WHAT DOES LEGALITY IMPLY?

Legality means that the service or system is authorized, recognized, and ratified by the law of the land, it also means that the service mentioned which is in this case Telemedicine, is subject to the rules and regulations of that country. This ensures that in the case of misuse, abuse, or any problem the law will enforce a judgment on the party that is responsible for the infringement.

This includes questions about;

For the common man, no matter how lucrative the service, if it's unregulated then the chance of them using it is very less. The legal backing for any service is what gives it credibility and mass appeal. This applies to Telemedicine as well.

TELEMEDICINE IS A PART OF CONVENTIONAL MEDICINE

With the introduction of telemedicine came regulations and frameworks on how to use it. There are limitations to Telehealth services, especially in the scope of its application and the extent of its ability to address various medical crises. Western countries implemented Telehealth quite early, in fact in the early 1950s and 60's the first trials of Telemedicine were done across university hospitals in the USA and Canada. With the start of the space race, it became important to provide healthcare to the Apollo astronauts and the crew of the ISS ( International space station) medical care.

Telemedicine practice gained popularity with the rapid advancement in communication technology, especially with respect to our phones, computers and tablets. The introduction and advancement of Linux, Android, and Apple systems made sure that we had better and more secure ways to communicate with each other. This includes video chats and video conferencing which are available for cheap or free on most platforms. Doctors in developed countries have been using it for a while.

Telehealth has been widely applied across disaster areas and in war zones for several decades by organizations such as the Red cross, doctors without borders, etc. Today it is used in most countries for triage, treatment planning, getting expert opinions, evaluation, etc.

It is a profitable and less time-consuming process for both hospitals and doctors. Telemedicine truly proved its worth during the pandemic. One study estimated that the use of telemedicine helped reduce fatalities due to the pandemic or other medical conditions by about 30%. Several fields such as psychology, psychiatry, pain medicine, and neurology moved 80% of their patient visits to telemedicine platforms.

All of this shows that telemedicine is an integral, and in many places and scenarios, a necessary part of the healthcare industry.

WHAT IS THE SCENARIO IN INDIA?

India lacked the facilities and necessary infrastructure to make telemedicine a regular part of healthcare in the past, however, today India is the largest growing market for mobile phones and tabs, Indians have been ranked consistently in first place in terms of accessing internet content.

The spread of cheap smartphones across the country including rural populations is high and so is the number of mobile or tablet-based apps. This has prompted a great rise in apps related to medicine. In fact, a majority of medical device companies invest in creating phone or tablet-based apps that can be used by the end-user. A variety of handheld diagnostic devices that are Bluetooth enabled are the new trend.

The current government of India has accelerated the process of getting the medical records of all citizens online. To that effect, they have launched massive initiatives in a staged manner to introduce the concept of electronic medical records and telemedicine to the populace. In this effort, they are supported by a large number of private companies, NGO'S, private hospitals, nursing homes, etc.

This meant that the government had to publish rules and regulations to define online medicine, the rules for capturing and maintaining electronic medical records. This was done after extensive consultation and research, as well as taking a look at the guidelines in other countries.

The Indian medical council and the Indian medical association have published specific guidelines about the practice of telemedicine and addendums to the medical code of ethics in March of 2020.

Recently the government has also published guidelines on E-prescriptions. These ensure that the medical records are maintained according to international guidelines. We also provide methods for redressal of wrongs and the provision of restitution.

CAN WE TRUST IN TELEMEDICINE?

The short answer is YES. Telehealth and Telemedicine are concepts that have existed for nearly a century and if we use the broader meaning of the term it has been thriving for centuries. Every time someone wrote a letter to a doctor and asked for a medical opinion and got a reply back they were part of the great Telemedicine experiment. In the modern era, the advancement of technology has made it a necessity for medical care to move online. There are greater motivators for a developing country such as India such as the greater population density, vast tracts of rural areas with poor infrastructure, low distribution of doctors and hospitals, and scarcity of advanced medical equipment in rural areas.

The use of Telemedicine is a strategic move by the government to bridge the gaps in access to healthcare amongst the populace. This is one of the longest-standing election promises, regardless of which party comes to power, and it also happens to be the one promise that still seems out of reach for many even today. The drive to modernize medical care and move basic triage, diagnosis, and follow-up visits to the capable hands of Telemedicine has only increased in the post-pandemic period. Just as many employees who have gotten sued to the work from the home model are finding it difficult to shift back to the old paradigm, so too many doctors, nurses, and people, in general, are embracing the use of Telemedicine to access medical care in a convenient and timely manner.

In fact, studies indicate that there may be a massive change in the way medical checkups and hospitals in general function in the post-pandemic period. As much as 40% of medical care will be done online and the crowd in waiting rooms is expected to thin out in multiple specialties. As such with the creation of electronic patient records becoming mandatory and the use of telemedicine being state-sponsored ( the e-sanjeevani app and platform is an initiative launched by the government of India to provide Telemedicine to the people by using government doctors), it is abundantly clear to everyone that Telemedicine is here to stay and will play a very big role in the future of healthcare in both India and the world.

TAKEAWAY POINTS

The use of Telemedicine has more pros than cons and as such there should be proper enforcement of the rules and regulations that define it. This is the only way to hold doctors and the medical system accountable and to increase the faith of the people accessing treatment through this method. The field of Telemedicine may be new and it may face many challenges in its implementation, but all that means is that we must frame rules and regulations that are flexible and can keep pace with the changes in the field.

Recent Post

Connecting Palliative Care to the Digital World.

Read more...

How Telemedicine Kits are changing Healthcare

Read more...

What Is A Remote Health Monitoring System

Read more...

Is Our Food Poisoning Us

Read more...

What is Tele-emergency

Read more...

Are EMTs Ready For Telemedicine?

Read more...

How Much Does Telemedicine Cost?

Read more...

Benefits of Telehealth in Ambulatory & Emergency Settings

Read more...

The Digital Disruption in Diabetes Care

Read more...

What Are The Difficulties Faced in EMS services?

Read more...

Electronic Health Records are vital to Healthcare

Read more...

Why new COVID variants are of concern to the public?

Read more...

How Tele EMS can help a broken system

Read more...

Telemedicine to transform Women Healthcare

Read more...

Telemedicine can revolutionize prison healthcare in India..!

Read more...

Sugar And Stress. A deadly combo?

Read more...

How TeleTherapy is Changing the face of Healthcare..

Read more...

Healthcare monitoring is Vital for Hospitality

Read more...

How Screens are Making Us sick.

Read more...

Mental Health In The Digital World

Read more...

The 8 billion population mark!

Read more...

Telemedicine For The Sky:Safety in Air Travel

Read more...

Dangers Of Self Diagnosis!On Dr. Google?

Read more...

Why Healthcare in Schools is vital today?

Read more...

A Tale Of Two Doctors..!

Read more...

5 Drawbacks of Telemedicine

Read more...

Is Telemedicine Legal in India?

Read more...

7 Reasons for regular check-ups with your doctor.

Read more...

What Are The Financial Benefits Of Telemedicine?

Read more...

How It Can Enhance the Pet Ownership Experience

Read more...

7 Reasons to Invest in Telemedicine for your practice

Read more...

10 things EMS providers need to know about Telehealth

Read more...

Telemedicine's Role in Remote Veterinary Care

Read more...

Empowering Pregnant Mothers: The Role of Telemedicine and Remote Health Monitoring

Read more...

Unveiling the Truth about Expired Medicines: Can They Be Used Safely?

Read more...

Addressing Maternal Mortality in India: The Role of Telemedicine and Remote Monitoring

Read more...

Telemedicine in Warfare and Conflict Zones: Enhancing Healthcare Amidst Adversity

Read more...

Revolutionizing Stroke Care: The Role of Telemedicine in Saving Lives

Read more...

Navigating the Trustworthiness of Third-Party Healthcare Apps: Pros, Cons, and Safeguards

Read more...

Telemedicine: A Thousand-Word Odyssey of Health at a Distance

Read more...

The Silver Tsunami: Indias Rising Elderly Population and the Healthcare Dilemma

Read more...

Beating the heat! Staying safe in the Indian summer

Read more...

Digital Bharat: The Promised Land for Healthcare?

Read more...

Virtual Vets: Advancing Exotic Animal Health

Read more...

The proof is in the Pudding: Impact of Poor Diets on Indias Population

Read more...

Bridging Gaps in Pediatric Neurology Care: Tele-Neurology in India

Read more...

Choosing the best virtual care platform for your practice: A How To Guide

Read more...

Unlocking Telemedicine Integration: Best Practices and Pitfalls to Avoid

Read more...

Rx for Resilience: Empowering Indias Healthcare Heroes

Read more...

Tele-Ophthalmology: The Vision Of The Future

Read more...

Our Office Information

Location

No. 69, Tranquil Terrace, Kamdar Nagar,
2nd Street, Nungambakkam, Chennai,
India - 600 034

Call Us

+91 93452 87085 

Email

support@cureselecthealthcare.com 

Skip the waiting room..!
Contact Us Now

Get monthly updates and free resources.

Screenasdshot_2

© Copyright 2024 CureSelect Healthcare, LLC. All Rights Reserved. Privacy Policy | Terms of Service