IDEAS home Printed from https://ideas.repec.org/h/spr/prbchp/978-3-031-75883-6_19.html
   My bibliography  Save this book chapter

The Regulation of Telemedicine in Romania. Issues of Legal Limitations in Digital Medical Development

In: Sustainable and Resilient Businesses in the Global Economy

Author

Listed:
  • Ionuţ Vida-Simiti

    (University of Medicine and Pharmacy “Iuliu Haţieganu” Cluj-Napoca)

Abstract

In Romania, telemedicine was introduced by the amendments to Law no. 95/2006 by Government Emergency Ordinance no. 8/2018 and Government Emergency Ordinance no. 196/2020 with the implementing rules of Government Decision no. 1.133/2022. The present study analyses these regulations in the context of Romanian medical law as a whole, from which three significant problems emerge. First, the provision of medical assistance by telemedicine can only be done by health units accredited by the National Authority for Quality Management in Health Care through doctors specialized in the medical fields expressly and limitatively listed in Annex 1 of the GD. no. 1.133/2022. They may provide medical services by telemedicine only in compliance with Article 32 of the Code of Medical Ethics, which implies remote contact between doctor and patient assisted by another doctor, who in turn must be a specialist in a field listed in Annex 1 of GD. no. 1.133/2022 and employed at a health unit accredited for telemedicine services. Secondly, the fact that Article 4(2) of Annex 2 to Government Decision No 1.133/2022 instils the possibility that proof of obtaining the patient's consent for the provision of the medical service itself may be provided by the health establishment by any means whatsoever constitutes a breach of Article 660 of Law No 95/2006 and Article 13 of Law No 46/2003, which require that the patient's consent must be expressed in writing only. Thirdly, a significant aspect is the establishment of a specific form of liability for medical malpractice, since Government Decision No 1.133/2022 establishes the liability of the health unit for the medical service provided by telemedicine and, in this regard, expressly confers on health units the prerogative to assess the effectiveness of telemedicine medical services, depending on the diagnosis and pathological evolution of the patient, and, if the assessment is unfavorable, the patient will be indicated alternative ways of providing the medical service.

Suggested Citation

  • Ionuţ Vida-Simiti, 2025. "The Regulation of Telemedicine in Romania. Issues of Legal Limitations in Digital Medical Development," Springer Proceedings in Business and Economics, in: Adina Letiția Negrușa & Monica Maria Coroş & Mark Anthony Camilleri (ed.), Sustainable and Resilient Businesses in the Global Economy, pages 309-321, Springer.
    • Handle: RePEc:spr:prbchp:978-3-031-75883-6_19
    DOI: 10.1007/978-3-031-75883-6_19
    as

    Download full text from publisher

    To our knowledge, this item is not available for download. To find whether it is available, there are three options:
    1. Check below whether another version of this item is available online.
    2. Check on the provider's web page whether it is in fact available.
    3. Perform a search for a similarly titled item that would be available.

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:spr:prbchp:978-3-031-75883-6_19. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    We have no bibliographic references for this item. You can help adding them by using this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Sonal Shukla or Springer Nature Abstracting and Indexing (email available below). General contact details of provider: http://www.springer.com .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.