Consent

As what stated in telemedicine act 1997 section 5, regarding patient’s consent, before a fully registered medical practitioner practises telemedicine in relation to a patient, the fully registered medical practitioner shall obtain the written consent of the patient. Section 5(2) of the act stated that the consent given by a patient under subsection (1) is not valid for the purpose of that subsection unless the fully registered medical practitioner has, before the consent is given, informed the patient :

(a) that he is free to withdraw his consent at any time without affecting his right to future care or treatment;
(b) of the potential risks, consequences and benefits of telemedicine;
(c) that all existing confidentiality protection apply to any information about the patient obtained or disclosed in the course of the telemedicine interaction;
(d) that any image or information communicated or used during or resulting from
telemedicine interaction which can be identified as being that of or about the patient will not be disseminated to any researcher or any other person without the consent of the patient.

Besides that, section 5(3) of the act stated that the consent given by a patient under subsection (1) shall not be valid for the purpose of that subsection unless the consent contains a statement signed by the patient indicating that he understands the information provided pursuant to subsection (2) and that this information has been discussed with the fully registered medical practitioner. Section 5(6) provides that the written consent under subsection (1) and statement under subsection (3) of a patient shall become part of the patient's medical record.

Section 5(5) stated that if the patient is a minor, or is under such mental disability as to render him incapable of giving an informed consent, consent may be given on his behalf by his next friend or guardian ad idem.

Section 5(6) of the act itself is about punishment. Any fully registered medical practitioner who contravenes this section shall be guilty of an offence and shall on conviction be liable to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding two years or to both.

As Conclusion, A fully registered medical practitioner is required under the TA97 to obtain the patient’s written consent which is not valid unless he is informed of s.5(2)(a) his right to withdraw consent at any time, s.5(2)(b) of the potential risks, consequences and benefits, s.5(2)(c) that all existing confidentiality apply to any patient information and s.5(2)(d) that any image or information communicated or used during telemedicine interaction which can be identified to the patient will not be disseminated without the patient’s consent.