2023 Volume 60 Issue 2 Pages 53-61
This study compares cases in which (1) doctors in Japan (D) provide remote image reading services directly to patients in China (P) and (2) doctors in Japan (D2) share the diagnostic data with P’s physicians in China (D1) with the aim of determining whether a remote imaging diagnosis service can be a legally viable business scheme and discussing the legal issues that could emerge through these comparisons. According to Japan’s telemedicine guidelines, the first visit should be made to “the doctor who is familiar with a patient”, and thus, (1) violates the Japanese Medical Practitioners’ Act. Further, (1) also violates the Chinese Medical Practitioners’ Law, because in China, telemedicine is restricted to certain types of care such as re-examinations for chronic diseases. However, because D2’s activities can be seen as merely giving advice to D1, (2) is not illegal under the Japanese Medical Practitioners’ Act. Even if it is permitted under the Chinese Medical Practitioners’ Law, precautions must be taken to ensure that P’s personal information is transferred overseas securely and in accordance with the Internet Security Law. Although doctor to doctor (D to D) interactions are not covered under Japan’s telemedicine guidelines, remote diagnostic imaging is a practice that has an impact on treatment plans, emphasizing the significance of outlining the obligations of the medical professional who interprets diagnostic imaging.
