(1) Reasons for Proposal
A. In the case where medical personnel provide false or exaggerated health and medical information in broadcasts, etc., administrative disposition (suspension of qualification, etc.) is possible for acts of degrading the dignity of medical personnel under the current provisions, but the current provisions do not reflect the diversity of media; therefore, this amendment establishes grounds for the suspension of qualifications in order to revise it to fit reality, even if medical personnel provide false or exaggerated health and medical information using “Internet media stipulated in Article 57 (1) 4 of the Medical Service Act.”
B. Although an administrative fine not exceeding one million won is imposed on any person who fails to post patients’ rights, etc., pursuant to Article 92 (3) 6 of the Medical Service Act and Paragraph 4 of the same Article, since the amount of administrative fines for the first, second, and third violations is not provided in the individual standards of the Enforcement Decree [attached Table 2] and there is a possibility that the same violation will be disposed differently for each local government within a maximum of one million won, this amendment aims to set common standards for them.
C. As the Medical Law on the mandatory completion of a course of education for the safety control manager of radiation generators for diagnosis and the imposition of administrative fines in case of violation has been revised (Dec 29, 2020), this amendment aims to revise the standards for imposing administrative fines in subordinate laws.
D. Article 45-2 of the Medical Law has been revised (December 29, 2020), and “regular reporting obligations of non-covered medical expenses, etc.” were newly established. Accordingly, this amendment provides the basis for standards for the imposition of administrative fines for unreported or false reports and the basis for entrusting the affairs related to reports on non-covered medical expenses, etc., to specialized institutions.
(2) Major Provisions
A. Add “the case where medical personnel provide false or exaggerated health and medical information using Internet media specified in Article 57, (1) 4 of the Medical Service Act” to the acts of degrading the dignity of medical personnel (Article 32 (1) 3-2).
B. In the case where patients’ rights, etc. are not posted, establish individual administrative fines to impose a warning for the first violation, 150,000 won for the second violation, and 300,000 won for the third violation (attached Table 2, item (s)).
C. Establish standards for imposing administrative fines on any person who has not received education for the safety control manager of radiation generators for diagnosis pursuant to Article 37 (3) of the Act (attached Table 2, item (t)).
D. Establish standards for imposing administrative fines for non-compliance with regular reporting obligations of non-covered medical expenses, etc. Pursuant to Article 45-2 of the Act and provide a basis for entrusting reporting affairs to specialized institutions (Article 42 and attached Table 2, item (m)).