Introduction of telemedicine act 1997, The grey area and The incomplete

The introduction of Telemedicine Act 1997 is one of the legislative initiatives by Malaysia to ensure that the law is keeping pace with the development of electronic medicine and telemedicine. This act was first enforce in Mac 1997 with the objective to provide medical services from remote locations using electronic medical data and prescription standards, with knowledge that their treatment will be covered under insurance programs.

This act will read together with the Medical Act 1971 and also refer to the Malaysia Medical Council’s Code of Professional Conduct. This act is divided to 6 sections, mainly focus of person who may practice telemedicine, certificate to practice telemedicine, consent of patient.

The interpretation of this act. Telemedicine as define as the practice of medicine using audio,visual and data communications. It show that telemedicine must include all these type s of communication in order to use this act.

This Act also requires fully registered medical practitioners to obtain a certificate to practice telemedicine, which is valid for three years, from the Malaysian Medical Council. Medical practitioners must be fully licensed but can hold a license granted from within or outside Malaysia. If a telemedicine service must be performed by a medical practitioner resides outside Malaysia, he must be a fully licensed medical practitioner holding both a practicing certificate and a certificate to practice telemedicine. Failure to comply with the Act could result in a fine up to RM500,000 (US$125,000) and or imprisonment up to 5 years.

Besides, written consent of the patient before practicing telemedicine and ensures patient confidentiality of their digital records is also stated in the act. Failure to comply with this part of the Act could result in a fine up to RM100,000 (US$25,000) and or imprisonment up to 2 years.


Incomplete of this act as below:
1. It does not uncertain on whether the Malaysian Medical Council will be exposed to liability since they are the ones issuing certificates to telemedicine practitioners.
2. The issues of liability for negligent advice given by telemedicine practitioners also did not state.
3. What is the liability of Provided for a missed diagnosis due to technological rather than the carelessness of treatment?
4. The issue of jurisdiction since telecommunications allows medicine to be efficiently and quickly practices across state boundaries.
5. The scope of the medical practitioner’s duty of confidentiality of patient information in telemedicine consultations? Especially the privacy and confidentiality issues that arise in the use of e-mail, fax and even telephone in the discussion of sensitive health information?