Current Legal Regulation on Telemedicine Service in Mongolia

Abstract

Introduction

Even though a policy for regulating telemedicine was established in Mongolia in 2008, it was not implemented until COVID-19. As a result of pandemics’ indirect impact, telemedicine applications are being rapidly developed, but Health Law and Health Service Law do not include the legally permissible range in telemedicine. Thus, it is necessary to establish legal regulation when it comes to preventing illegal services and penalizing the legal entity or organization who are responsible.

Method:

We analyzed and did a comparative study of legal documents of the countries with the most advanced technological development and telemedicine service, which includes the Republic of Korea, the People’s Republic of China, Japan, Malaysia, Australia and the Russian Federation.

Findings:

In international countries, telemedicine is regulated by legal policies. If an organizer or legal entity uses it without permission or violates the law in any way, it is written to be settled by the Law of Infringement or Criminal Law.

Proposed Solution:

1. To amend the definition of the term “3.1.26 Telemedicine” in Health Law of Mongolia, “13.1.3 Telemedicine service” in Health Service Law of Mongolia;


2. To legitimize penalties for violating the law, harming human health, and make individuals take their responsibilities in the Criminal Law of Mongolia; and


3. To add articles for conflict and violation penalties in Mongolian Law of Infringement.

Conclusion:

Although technology and telemedicine knowledge, sufficiency is scarce in our countries' citizens and healthcare services, it will soon be an essential part of healthcare services in the future. Therefore, it is appropriate to regulate it by specific law.