Conclusion

Telemedicine is about the practise of giving health care by using internet, video conferencing and so on. There is no need for the doctor and the patient to meet. The main function of this Telemedicine Act 1997 is to provide the rules and regulation in regard of telemedicine. This act must be read together with Medical Act 1971. Telemedicine must include audio, visual and also data communication. If one of this element does not fullfilled, it can not being regard as telemedicine in our country. The main function of telemedicine is to provide health care eventhough there is an issue of distance between the patient and the doctor involved. Basically the main issues regarding telemedicne is about the consent of the patients, the license of the practitioner and also the confidentiality of the information involved. Section 3(3) stated about the punishment for the non-licensed telemedicine practitioner.

Before the pratitioner of the telemedicine may practise telemedicine, they must first obtained the consent of their patient. It was provided under Section 5 of the Act and the consent must be in writing. Although the issue of confidentiality of the information was not stated in this act however the is rules regarding it in the Malaysian Medical Council’s Code Of Professional Conduct. There is a rapid development in Malaysia regarding telemedicine which include 4 stages which are mass Customised Personalised Health Information and Education (MSPHIE), continuing Medical Education,teleconsultation, lifetime Health Plan.

Telemedicine in UK is known as cyber pysician and basically it’s the same. The consultation will involved virtually and the document regarding the patient may even been transferred to other country but it was protected under OECD Privacy Guidelines. The situation in US is differ since there is several states which allowed only fully practised doctor to become telemedicine practitioner. This had decrease the number of pratitioner in the US. The practitioner may even cross the state line to practise telemedicine as long as they have the license.

Malaysia has enacted Telemedicine Act in year 1997. Although this act had been given royal assent in 18 June 1997, and then been gazetted in 30 June 1997 but it still not being enforced until now. However, the government may amend several section or added several section to provide the solution regarding what was the punishment for the telemedicine practitioner if they were negligence, whether the practitioner will be liable if the negligence is cause by the techonology issue and the issue of jurisdiction since there is practitioner from the oversea involved. Afther this requirement had been fullfilled, there is no reason why this act should not be enforced.