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Summary of Purposes and Objectives

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Establishing the Legal Framework of Telehealth in the Philippines

By: Ivy D. Patdu and Allan S. Tenorio

2016

Reviewed by: Ma. Graciela A. Placido

Summary of purposes and objectives

The purpose of this study is to provide an improvement in terms of health


outcomes of the community by delivering various advanced technology in the medical
field particularly on gathering information and communication of patients and healthcare
providers while maintaining the ethical rules when it comes in telehealth. With a round
table discussion, the researchers are able to identify the underlying concerns of
applying eHealth.

Methodologies

The study is based on roundtable discussion on 2011 and 2013 about


“Establishing the Legal Framework of Telehealth in the Philippines. It was discussed by
different representatives from different sectors and organization in order to identify the
issues and concern about telehealth.

Telemedicine has been a practice together with its own protocols in the other
countries. However, in the Philippines, there are no laws exclusively for telehealth
medicine yet, there are still existing laws associated with these applications. It is said to
be that the full effectiveness of implementation will only achieve by considering the
policy and program development of the National Telehealth Service Program (NSTP).
This application of telehealth has no significance without its legal implications
specifically in the subject of liability, data privacy, and security.

Summary of Results and Discussion

The study discussed issues concerning the application of telehealth medicine in


hospitals. One of these matters is the accountability and liability the one who shall
perform of gathering an information are the ones who are professionally capable,
licensed professionals and those who have studied under medical field. If someone
engaged in the process without a valid medical license, he/she will be liable for illegal
practice. Healthcare providers should also not suppose that the absence of requirement
like physical examination is a practice medicine thus, telehealth medicine limits the
ability of practical relevance of this process.

The second topic include the Physician-Patient relationship and Duty of Care,
liability can only be applied within the relationship of physician performing a duty of care
and the patient as a receiver of care. Under the civil code includes the “Abuse of rights”,
which said to be that all person patient or medical professionals have their duty to
observe care in their relationship to others. The domain expert will be liable to the
patient if negligence has occurred.

Third discussion was Breach of Duty and Standard of Care, there will be an
underlying accountability if the person who is responsible of care or anyone who
practices telehealth harmed or injured the patient by his/her practice. If someone gives
wrong medication to the patient, he/she may be liable.

The fourth discussion was the Institutional Liability, National Telehealth Center
being the primary institutions that provides services, it is a Governmental function that
concerns the health, safety and advance for the good of the publicity as a general
regardless of their socioeconomic status. As a Governmental functioning, their
responsibility is also providing an informed consent while securing the privacy of each
individual especially those who have an access to electronic data, having an
unauthorized access to any eHealth or computer systems might be punished under this
law by a mandatory imprisonment.

Conclusion

eHealth has its own limitations to be considered. However, this should not be a
barrier for advancement and improvement of the technology in terms of medical health.
Telehealth medicine serves only to be a guide for the health professionals to lessen the
burden of manual data collection and documentation. This also means that no matter
how much improvement the medical health may allocate, it will never affect the ethical
considerations that the healthcare professionals provide for they ensure that everything
are under controlled. As mentioned in the study, its aim is to improve the quality of
accessibility in telehealth without threatening the rights of the patients. The identification
of the issues of this application helps the NSTP to familiarize and create a solution to its
problem.

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