Telemedicine and telehealth

The guidelines in the 2020 document distinctly define the concepts of telemedicine and telehealth.

Telemedicine: The delivery of healthcare services, where distance is a critical factor, by all healthcare professionals using information and communication technologies for the exchange of valid information for diagnosis, treatment and prevention of disease and injuries, research and evaluation, and for the continuing education of health care providers, all in the interests of advancing the health of individuals and their communities. 

Telehealth: The delivery and facilitation of health and health-related services including medical care, provider and patient education, health information services, and self-care via telecommunications and digital communication technologies. The categories of medicines that can be prescribed are :

List O: It will comprise those medicines which are safe to be prescribed through any mode of tele-consultation. In essence they would comprise of o Medicines which are used for common conditions and are often available ‘over the counter’. 

List A: These medications are those which can be prescribed during the first consult which is a video consultation and are being re-prescribed for re-fill, in case of follow-up.

List B: Is a list of medication which RMP can prescribe in a patient who is undergoing follow-up consultation in addition to those which have been prescribed during in-person consult for the same medical condition.

Yet to come are guidelines on Data Protection and Doctors' liability.

Ministry of Health and Family Welfare drafted the Digital Information Security in Health Care Act to secure confidentiality and privacy in health-care systems. Meanwhile, the judiciary has attempted to safeguard an individual’s right to privacy. In Justice K.S. Puttaswammy v Union of India, it was held that right to privacy was a facet of Article 21 of the Indian Constitution. It further held that “the right of an individual to exercise control over his personal data and to be able to control his/her own life would also encompass his right to control his existence on the internet.” 

On Doctors' liability -The conduct of medical malpractice was brought under the Consumer Protection Act, 1986, due to the landmark case of the Indian Medical Association vs. V. P. Shantha & others, The judgment in this case defined medical care as a “service” that was covered under the Act, and also clarified that a person seeking medical attention may be considered a consumer if certain criteria were met.