After Reviewing Only the Letter, 17 Prescriptions Issued
Court States, "Strict Sanctions Needed for Remote Prescriptions"
The Ministry of Health and Welfare's decision to suspend the medical license of a doctor who issued prescriptions without directly diagnosing patients but only based on letters from inmates has been upheld as lawful. Among the inmates who sent letters was a drug offender, and it is known that some psychotropic drugs were also prescribed.
The Seoul Administrative Court, Administrative Division 12 (then presiding judge Jung Yong-seok) ruled on December 7 last year in the case (2022GuHap88644) where Mr. A filed a lawsuit against the Minister of Health and Welfare to cancel the suspension of his medical license, ruling against the plaintiff.
Mr. A was prosecuted on charges of issuing prescriptions 17 times in total in 2019 without directly examining prison inmates but only receiving symptoms through letters, and in 2021, he was fined 3 million won by summary order, which was finalized. Based on this, the Ministry of Health and Welfare imposed a two-month license suspension on Mr. A in 2022, and Mr. A filed a lawsuit in objection.
The court stated, "Prescriptions are professional judgments made by doctors based on directly examining or inspecting patients and serve an important social function," adding, "It is necessary to strictly sanction doctors who issue prescriptions without directly examining patients." The court noted that when doctors issue prescriptions without direct examination, there is an increased risk of prescribing drugs that do not match the patient's symptoms.
The court further explained, "Among the drugs prescribed by Mr. A were some classified as psychotropic drugs under the Narcotics Control Act, which, due to their nature, carry risks of abuse and can have fatal effects on health and life," adding, "For these reasons as well, it is necessary to strictly sanction Mr. A's violations." The court continued, "Considering that medical professionals' work directly affects the life and health of the public, the disadvantages Mr. A will suffer from this disciplinary action are not greater than the public interest in regulating violations of the Medical Service Act."
Park Su-yeon, Legal Times Reporter
※This article is based on content supplied by Law Times.
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