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Adopted by the 51st World Medical Assembly
Tel Aviv, Israel, October 1999
and rescinded at
the WMA General Assembly, Pilanesberg, South Africa, 2006
PREAMBLE
Introduction
- For many years, physicians have used communications technology
such as telephone and telefax to benefit their patients. New
electronic information and communication techniques are constantly
being developed which facilitate the exchange of information
between physicians as well as between physicians and patients.
Telemedicine is the practice of medicine, from a distance, in
which interventions, diagnostic and treatment decisions and
recommendations are based on clinical data, documents and other
information transmitted through telecommunication systems.
- The use of telemedicine has many potential advantages, and
is in increasing demand. Patients who would not otherwise have
access to specialists, or occasionally even to basic care, can
benefit greatly from this practice. For example, telemedicine
enables the transmission of medical images for long distance
evaluation by specialists in fields such as radiology, pathology,
ophthalmology, cardiology, dermatology and orthopedics. This
can greatly expedite specialist services while reducing the
potential hazards and costs associated with the transportation
of the patient and/or the diagnostic image. Communication systems
such as videoconferencing and e-mail enable medical practitioners
in many fields to consult with colleagues and with patients
more frequently, and to keep excellent records of the consultations.
Telesurgery, or electronic collaboration between telesurgical
sites, enables less experienced surgeons to perform critical
surgery with the guidance and assistance of expert surgeons.
The continual development of technology is creating new systems
of caring for patients which will widen the scope of benefits
from telemedicine far beyond what it is currently. Furthermore,
telemedicine provides greater access to medical education and
research, particularly for students and medical practitioners
in remote areas.
- The World Medical Association recognizes that, in addition
to the positive consequences of telemedicine, there are many
ethical and legal issues arising from these new practices. Notably,
by eliminating a common site and face-to-face consultation,
telemedicine disrupts some of the traditional principles which
govern the physician-patient relationship. Therefore, there
are certain ethical guidelines and principles that must be followed
by physicians involved in telemedicine.
- Because this field of medicine is growing so rapidly, this
Statement should be reviewed periodically to ensure that it
addresses the most current and critical issues.
Forms of telemedicine
- Physicians' ability to use telemedicine depends on access
to technology, and thus is not the same in all parts of the
world. Without claiming to be exhaustive, the following list
describes the most common uses of telemedicine in the world
today :
- An interaction between a physician and a patient who
is in a geographically isolated or hostile environment and
has no access to a local physician. Sometimes referred to
as tele-assistance, this form is generally restricted to
very specific circumstances (e.g. emergencies).
- An interaction between a physician and a patient, in
which medical information is transmitted electronically
(blood pressure, electrocardiogram, etc) to the physician,
so that the patient's condition can be monitored regularly.
Sometimes referred to as tele-monitoring, this is used most
commonly for patients with chronic illnesses such as diabetes,
hypertension, physical handicap, or high-risk pregnancy.
In some cases, the patient or a family member can be trained
to collect and transmit the necessary data. In other cases,
a nurse, medical technician, or other specially qualified
person must be involved in order to obtain reliable results.
- An interaction in which a patient seeks medical advice
directly from a physician using any form of telecommunication,
including the internet. This form is sometimes referred
to as tele-consultation. On-line consultations, or tele-consultations,
in which there is no pre-existing physician-patient relationships
or clinical examinations, carry certain risks. Among these
are uncertainty concerning reliability, confidentiality
and security of information exchanged, as well as the identity
and credentials of the physician.
- An interaction between two physicians: one physically
present with the patient and another who is recognized as
being particularly competent regarding a medical problem.
Medical information is transmitted electronically to the
consulting physician who must decide whether he or she can
confidently offer advice based on the quality and quantity
of data received.
- Regardless of the telemedicine system under which the physician
is operating, the principles of medical ethics which are globally
binding upon the medical profession must never be compromised.
PRINCIPLES
The physician-patient relationship
- Telemedicine must not adversely affect the individual physician-patient
relationship. When used properly, telemedicine has the potential
to enhance this relationship through increased opportunities
to communicate and improved access by both parties. As in all
fields of medicine, the physician-patient relationship must
be based on mutual respect, the independence of judgement of
the physician, autonomy of the patient and professional confidentiality.
It is essential that the physician and the patient be able to
reliably identify each other when telemedicine is employed.
- A major application of telemedicine is the situation in which
the treating physician seeks another physician's opinion or
advice, at the request or with the permission of the patient.
However, in some cases, the patient's only contact with the
physician is via telemedicine. Ideally, all patients seeking
medical advice should have a face-to-face consultation with
a physician, and telemedicine should be restricted to situations
in which a physician cannot be physically present within a safe
and acceptable time period.
- Where a direct telemedicine consultation is sought by the
patient, it should ideally only take place when the physician
has an existing professional relationship with the patient,
or has adequate knowledge of the presenting problem, so that
the physician will be able to exercise proper and justifiable
clinical judgement. However, it must be recognized that many
health services in which there are no pre-existing relationships
(such as telephone counseling centers, and certain types of
services in remote areas) are considered valuable services and
generally work well within their appropriate frameworks.
- In an emergency situation involving telemedicine, a physician's
judgement may have to be based on less than complete information,
but in such an instance the clinical urgency of the situation
will be the determining factor in providing advice or treatment.
In such an exceptional situation, the physician bears legal
responsibility for his or her decisions.
Accountability and Responsibilities of the Physician
- The physician must be free and fully independent to decide
whether or not to use or recommend telemedicine procedures for
his or her patient. A decision to use or reject telemedicine
should be based solely on the best interests of the patient.
- When practicing telemedicine directly with the patient, the
physician assumes responsibility for the case in question. This
includes diagnosis, advice, treatment plans and direct medical
interventions.
- The physician asking for another physician's advice remains
responsible for treatment and other decisions and recommendations
given to the patient. However, the tele-expert is accountable
to the attending physician for the quality of advice he or she
provides, and should specify the conditions under which the
advice is valid. He or she is obligated to decline participation
if he or she lacks the knowledge, competence or sufficient patient
information or data to provide a well-formed opinion.
- It is essential for a physician who does not have direct
contact with the patient (such as a tele-expert, or a physician
involved in a tele-monitoring situation) to be available to
participate in follow-up procedures if necessary.
- Where non-physicians participate in telemedicine, for example
by retrieving or transmitting data, for monitoring or for any
other purpose, the physician must ensure that the training and
competence of such allied health professionals is adequate to
ensure the appropriate and ethical use of telemedicine.
Role of the patient
- In some situations, the patient assumes responsibility for
the collection and transmission of data to the physician, as
in the case of tele-monitoring. It is the physician's obligation
to ensure that the patient has been properly trained in the
necessary procedures, is physically capable, and fully understands
the importance of his or her role in the process. The same principle
should be applied to a family member or other caretaker assisting
the patient in a telemedicine procedure.
Patient Consent and Confidentiality
- Prevailing rules of patient consent and confidentiality also
apply to telemedicine situations. Patient data and other information
may be transmitted to a physician or other health professional,
only on the request, or with the informed consent, of the patient,
and to the extent approved by him or her. The data transmitted
must be relevant to the problem in question. Because of the
risks of information leakage inherent to some types of electronic
communication, the physician has an active obligation to ensure
that all established standards of security measures have been
followed to protect the patient's confidentiality.
Quality of care and safety in Telemedicine
- A physician practicing telemedicine is responsible for the
quality of care the patient receives., and must not opt for
a telemedicine consultation unless he or she believes this to
be the best option available. For this decision the physician
should consider issues of quality, access and cost.
- Quality assessment measures should be used regularly to ensure
the best possible diagnostic and treatment practices in the
telemedicine situation. A physician should not practice telemedicine
unless he or she is confident that the equipment necessary for
the process is of sufficiently high quality, satisfactorily
operational, and complies with recognized standards. Backup
systems should be available in case of emergency. Routine controls
and calibration procedures should be used to monitor the accuracy
and quality of data collected and transmitted. For all telemedicine
interactions there should be an established protocol that addresses
issues regarding the appropriate actions to take if an equipment
failure should occur or if a patient develops problems during
a telemedicine situation.
Quality of data and information
- The physician who practices medicine from a distance without
seeing the patient must carefully evaluate the data and other
information he or she has received. The physician can only give
medical opinions, make medical decisions or give recommendations
if the quality and quantity of data or other information received
is sufficient and relevant to the case in question.
Authorization and competence in practicing Telemedicine
- Telemedicine provides opportunities to enhance the effective
use of medical human resources world-wide, and thus should be
open to all physicians even across national borders.
- Physicians practicing telemedicine must be authorized to
practice medicine in the country or state in which they are
located, and should be competent in the field of medicine they
are practicing. When practicing telemedicine directly with a
patient located in another country or state, the physician must
be authorized to practice in that state or country, or it should
be an internationally approved service.
Patient records
- All physicians practicing telemedicine must keep adequate
patient records, and all aspects of each case must be properly
documented. The method of patient identification should be recorded,
as well as the quantity and quality of data and other information
received. Findings, recommendations, and telemedicine services
delivered should be adequately recorded., with every effort
to ensure the durability and accuracy of the information stored.
- An expert whose advice is sought via telemedicine should
also keep detailed records of the advice he or she delivers,
as well as the data and other information on which it was based.
- Electronic methods of storing and transmitting patient information
may be used only where sufficient measures have been taken to
protect patient confidentiality and the security of the information
registered or exchanged.
Training in telemedicine
- Telemedicine is a promising field of medical practice, and
training in this field should be part of both basic and continued
medical education. Educational opportunities should be open
to all physicians and allied health professionals interested
in telemedicine.
RECOMMENDATIONS
- The World Medical Association recommends that National Medical
Associations:
- Adopt the World Medical Association Statement on Accountability,
Responsibilities and Ethical Guidelines in the Practice
of Telemedicine;
- Promote training and assessment programs for telemedicine
techniques, regarding quality of care, the physician-patient
relationship, and cost effectiveness;
- Develop and implement, together with the appropriate
specialized organizations, practice guidelines which should
be used as tools in the training of physicians and allied
health professionals who might use telemedicine;
- Encourage the development of standard protocols, for
national and international application, which address medical
and legal issues such as physician registration and liability,
and the legal status of electronic medical records; and
- Establish guidelines for the proper conduct of teleconsultations,
which include the issues of commercialization and mass exploitation;
and
- The WMA continues to monitor the practice of telemedicine
in its various forms.
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