• Title/Summary/Keyword: medical act

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A Review on the Practical Feasibility of Phrases 'Under the Instruction of Physicians or Dentists' Specified in the Definition on the Medical Service Technologist Etc Act: Focused on Radiological Technologist (의료기사 등에 관한 법률 중 '의사 또는 치과의사의 지도 아래' 문구의 타당성에 대한 고찰: 방사선사를 중심으로)

  • Joo, Young-Cheol;Lim, Cheong-Hwan;Lim, Woo-Taek;Hong, Dong-Hee;Jung, Hong-Ryang;Kim, Eun-Hye;Yoon, Yong-Su;Jung, Young-Jin;Choi, Ji-Won;Yoo, Se-Jong
    • Journal of radiological science and technology
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    • v.44 no.5
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    • pp.535-543
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    • 2021
  • The purpose of this study is to investigate various opinions on changes and revisions in the Medical Technician Act, to compare the curriculum of radiological technologist and physicians or dentists, and to compare the definitions and scope of work of radiological technologist in Korea and abroad. From the information, The goal is to review whether the phrase 'guidance of a doctor or dentist' specified in the definition of the 'Act on Medical Technicians, etc.' is realistically appropriate. radiological technologist receive specialized college education on radioligical science & medical imaging. The training hours for radiolgical science student are greater than medical students. In addition, radiological technologists are continuously developing their competencies for new knowledge and skills through continuing education in clinical fields. In particular, radiological technologist are making steady research efforts to reduce patient exposure and improve medical image quality. As a result of this investigation, it is considered that the term "guided by a doctor or dentist" as currently defined in the 'Act on Medical Technicians, etc.' may need to be revised in consideration of the professionalism of the radiological technologist.

The Protecton of Privacy on Secondary Use of Personal Health Imformation (의료기관 개인건강정보의 이차적 이용)

  • Kim, Jang-Han
    • The Korean Society of Law and Medicine
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    • v.11 no.1
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    • pp.117-143
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    • 2010
  • Along with the development of digital technologies, the information obtained during the medical procedures was working as a source of valuable assets. Especially, the secondary use of personal health information gives the ordeal to privacy protection problems. In korea, the usage of personal medical information is basically regulated by the several laws in view of general and administrative Act like Medicine Act, Public institutions' personal information protection Act, Information-Network Act etc. There is no specific health information protection Act. Health information exchange program for the blood donor referral related with teratogenic drugs and contagious disease and medical treatment reporting system for income tax convenience are the two examples of recently occurred secondary use of health information in Korea. Basically the secondary use of protected health information is depend on the risk-benefit analysis. But to accomplish the minimal invasion to privacy, we need to consider collection limitation principle first. If the expected results were attained with alternative method which is less privacy invasive, we could consider the present method is unconstitutional due to the violation of proportionality rule.

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A study on the Legislations and Amendments of the Medical and Pharmaceutical Laws and Regulations - Focusing on the Duties of Korean (Oriental) Medicine Doctors and Korean (Oriental) Pharmacists as well as the Public Health System - (한의사·한약사 임무 및 공공제도 중심의 의약법규 제·개정 고찰)

  • Eom, Seok-Ki;Shin, Min-Seop;Kwon, Soon-Jo
    • The Journal of Korean Medical History
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    • v.26 no.2
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    • pp.175-185
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    • 2013
  • Purpose : The current Medical Law and the Pharmaceutical Affairs Act, which are incapable of utilizing the research results and the advanced academic, clinical, and pharmaceutical system of the present-day Korean (Oriental) medicine, have limitations and create a paradox by provoking social conflict among the professionals in the field. The aim of this study was to find out the legal and systematic problems that contributed to a complicated conflict amongst Korean (Oriental) medicine doctors, doctors, pharmacists, and Korean (Oriental) pharmacists regarding the classification of their functions. Methods : We reviewed the history and characteristics of the legislation regarding the duties of Korean (Oriental) medicine doctors and Korean (Oriental) pharmacists as well as the relevant and important public health policies since the enactment of the National Medical Services Law in 1951. We focused on the laws and regulations that are made in the process of the separating functions of physicians and pharmacists and the dispute between the Korean (Oriental) medicine doctors and the Korean (Oriental) pharmacists in the 1990s and 2000s. Results : The legislations and amendments of the medical and pharmaceutical laws and regulations that reflect the modern academic, clinical, and pharmaceutical system of the Korean (Oriental) medicine and the research results could be summarized as follows: 1) A partial amendment of the Medical Law in 1987, which added the provision of "Oriental health guidance" as one of the duties of Korean (Oriental) medicine doctors, assured a place for Korean (Oriental) medicine doctors in the field of public health. 2) A partial revision of Pharmaceutical Affairs Act in 1994 established a new system for Korean (Oriental) pharmacists, bringing about the creation of dualistic pharmaceutical system that complements the dualistic medical system. 3) The Promotion of the Research and Development of Wonder Drugs by Using Natural Substances Act was legislated in 2000 in order to stimulate research and development of Korean (Oriental) medicine and its industrialization. 4) Oriental Medicine Promotion Act in 2003 was enacted to lay foundation to specify and promote technology and industry that are related to Korean (Oriental) medicine. Discussions and conclusions : Although the dualistic medical and pharmaceutical system is set up by the Medical Law and Pharmaceutical Affairs Act, it is shown that the relevant regulations have been developed from a perspective of the western medicine.

A Study on the Past that Work Scope of Medical Interpreter Professional Personnel -Focusing on the Range of Possible Questions for the Medical Translation Ability Test (의료통역전문인력 업무범위에 대한 소고 -의료통역능력검정시험 출제범위 중심으로)

  • Kim, Seung Chul;Kim, Tae-Hyung;Lee, Yeon-Kyung
    • The Journal of the Korea Contents Association
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    • v.20 no.4
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    • pp.571-581
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    • 2020
  • There are large, medium, and small items in the evaluation test for medical interpreter professionals personnel and the criteria and level are not clear, which may cause confusion for those preparing for the test. Therefore, we would like to suggest that the qualification requirements for the medical translation ability test and the criteria for the evaluation items are consistent with the medical system in Korea. The survey on the medical interpreter competency test conducted was collected from domestic and foreign data, compared with similar test and overseas test. We also examined the perception of the test by experts with experience in developing and interpreting the medical interpretation test. As a result, in the 'International Culture' evaluation category, 'Language-oriented culture' was changed to 'Medical-oriented culture' and 'Interpretation ethics' was changed to 'Medical interpretation ethics'. In the evaluation items of the hospital system, the 'Medical Dispute Mediation Act', which is 「ACT ON MEDIATION OF MEDICAL DISPUTES」 of the middle item was changed the 「ACT ON REMEDIES FOR INJURIES FROM MEDICAL MALPRACTICE AND MEDIATION OF MEDICAL DISPUTES」 and the Act also reduced the four items related to the 'Medical Tourism Law' to two and added the 「ACT ON SUPPORTING THE ADVANCEMENT OF MEDICAL OVERSEAS AND ATTRACTING FOREIGN PATIENTS」. If the Medical Interpretation Proficiency Test is prepared in accordance with the medical culture of Korea, it is expected that there will be a stable opportunity for professionals who pass the examination to act as experts.

A study on the policy of Senior Citizens' Medical Act (노인보건의료의 입법정책에 관한 연구)

  • kim, hyeon-su
    • Journal of the Korea society of information convergence
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    • v.8 no.1
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    • pp.49-56
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    • 2015
  • Health Medical Act contains the reponsibility of Nation about People's Right and Obligation and aim at promoting health and welfare of People. The old age officially means time when Health is weakened. To complete the social security it is on the one hand necessary to provide an elaborate system of coordination in the field of social security. It should be pursued on policy. Medical benefits should be comparatively analysed to have implications for the national legislation.

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Suggestion for the Application of the ADR system under the Patient Safety Act (환자안전법상 ADR제도 적용을 위한 제언)

  • Mingyu, Choi
    • Journal of Arbitration Studies
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    • v.32 no.4
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    • pp.3-31
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    • 2022
  • In the past, there has not been a law with the main purpose of preventing or preventing a risk in advance in order to protect the safety of patients in relation to medical services. It is evaluated that the enactment of the Patient Safety Act has a very important meaning in protecting patient safety as the top priority and further improving the quality of medical care. However, looking at the status of patient safety accidents reported to the Patient Safety Reporting System after the Patient Safety Act was enacted and implemented, various types of risk factors for patient safety still exist in the medical field. Meanwhile, Korea Consumer Agency and Korea Medical Dispute Mediation and Arbitration Agency, the existing domestic ADR specialized agencies, have been operating reasonable damage relief procedures such as recommendation of settlement, mediation, and arbitration according to the purpose of their establishment. Therefore, with the aimof broadening the choice of compensation system for patients, we propose the establishment and revision of ADR-related laws to apply the damage relief procedures of both institutions.

Successive Acute Calcific Tendinitis at Different Sites (다른 신체 부위에 순차적으로 발생한 급성 석회화 건염)

  • Kim, Young Je;No, Seung-Wook;Jin, Hyo Joon;Kim, Du Hwan
    • Clinical Pain
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    • v.18 no.2
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    • pp.115-120
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    • 2019
  • Acute calcific tendinitis (ACT) is a benign painful inflammatory disorder characterized by resorptive process of calcific deposits following the formation of calcium hydroxyapatite crystals in the tendons. It can occur at various sites, especially in the shoulder or hip joint. ACT involving the lateral epicondyle of the humerus and the cervical spine is very rare. Few reports have demonstrated successive ACT at different sites. We report three cases of successive ACT in women, occurring at the subscapularis followed by the lateral epicondyle, flexor carpi ulnaris followed by the supraspinatus, and longus colli followed by the iliopsoas, respectively.

Projection of Demand and Supply for Emergency Medical Technician by Using Produce Constants (배출상수를 이용한 응급구조사 수급전망)

  • Yoou, Soon-Kyu;Choi, Hea-Kyung;Baek, Hong-Sok;Uhm, Tai-Hwan
    • The Korean Journal of Emergency Medical Services
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    • v.11 no.3
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    • pp.65-79
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    • 2007
  • Purpose : It was to find out demand and supply of EMT from 2007 to 2045 and to expand scope of practice of paramedic in Korea. Methods : This study was conducted by applying a projection formula to the data from admission quota for EMT of the Ministry of Education & Human Resources Development, rate of successful candidates of annual report of the National Health Personnel Licensing Examination Board etc. Results : The number of EMTs were 6,043 paramedics, 5,378 EMT-Bs until 2006 and two produce constants derived from simple estimation were paramedic 0.81, EMT-B 0.86. On the American basis of 5.6 EMTs per 10,000, the number of paramedics under the present act will reach the basis around 2015(5.02), the number of paramedics under the amended act will reach the basis around 2030(5.50). Conclusion : There was relationship between scope of practice of paramedic in the act and demand-supply of paramedic, this necessitates surveys, studies, amendment of the act, legalization for expanded scope of practice of paramedic.

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Problems and Developing Directions of the Legal System Related to Laboratory medical testing (검체검사 관련 법제도의 문제점 및 발전방향)

  • Hwang, Yoo-Sung;Jeong, Jeong-Ile
    • The Korean Society of Law and Medicine
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    • v.9 no.2
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    • pp.209-229
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    • 2008
  • When we are totalizing the lawsrelated to the medical, as the Laboratory medical testing is a kind of the medical act, it is the regulation that the medical technologist can analyze the specimen using in vitro diagnostic devices and diagnosticdrugs under the guidance of doctor or dentist from a corresponding medical institution and can report through verification and interpretation. However, in real medical fields, 'the guidance of doctor' is seriously in-sufficient or even the person who is not the medical technologist is executing. Furthermore the cases that produce inspection results with devices or reagents which are not validated nor approved have been frequently occurred. The result of Laboratory medical testing derived from this procedure can become the important information for the disease control of a country, and also can be decisive to the definite diagnosis and the prognostic monitoring about the patient disease. In spite of its significant medical act to be applicable to an unique proof with the related expert appraisal result in the medical mal-practice lawsuit, our reality in which the quality control is not properly working due by the costs and the labor shortage related to the Laboratory medical testing is quietly in bad condition. Even from now, the government should recognize the significance of the Laboratory medical testing and must achieve more strict administrative management as well as the law maintenance.

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Criminal Law Issues and Challenges Due to Changes in the Healthcare Paradigm (헬스케어 패러다임 변화에 따른 형사법적 쟁점과 과제)

  • Sun, JongSoo
    • The Korean Society of Law and Medicine
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    • v.24 no.1
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    • pp.43-65
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    • 2023
  • The healthcare industry is a digital healthcare that combines technology based on the 4th Industrial Revolution, dealing with information on individual health and medical care, and is a fusion of health care services and medical science and technology. It is questionable whether digital healthcare according to the paradigm change can be discussed by the concept of medical practice under the existing Medical Act. There is no clear definition of the concept of medical practice in the Medical Service Act, but the concept is established through precedents. In addition, under the Medical Service Act, the subject of medical practice is limited to medical personnel. However, digital healthcare sometimes diagnoses and treats diseases using digital technology by medical personnel. On the other hand, what is possible by non-medical personnel is digital healthcare. This is because digital healthcare is understood as a concept that includes health care such as exercise, eating habits, and weight control. For this reason, if the concept of medical practice under the "Medical Act" on digital healthcare is included, it is subject to criminal punishment for "unlicensed medical practice" prescribed in Article 27 of the "Medical Act". In the health and medical industry, digital transformation and convergence with information and communication technology are rapidly progressing. As a result, there is a need to newly define it as 'digitalized medical practice' or 'information and communication technology (ICT)-based medical practice' separately from existing medical practices. The concept of medical practice has variability, not a fixed and invariable concept. However, in response to this demand, it is not an infinite expansion of the concept of medical practice, but a request to reset its scope. Therefore, the concept of medical practice should be legislated by reflecting the demand of consumers for the medical service system.