CYIL vol. 14 (2023)

CYIL 14 (2023) TELEMEDICINE IN THE CZECH REPUBLIC AND THE CONVENTION … form of health care, while remote care is permissible in individual cases. The general standard of care as defined in Section 630a of the German Civil Code (BGB) applies to telemedicine. 25 Nevertheless, this definition is rather vague, and guidelines issued by specialised medical societies need to be taken into account when determining the compliance with the standard of care in particular cases. 26 The patient’s medical records need to contain the explanation of the use of a remote service. The information duty of the provider is broader, as it should include the information on the remote form of health services and its specifics. 27 In the USA , there is no federal regulation specific for telemedicine, with many states having their own regulation. 28 Nevertheless, all states of the federation require that physicians providing telemedical services are licensed in the state where the patient is (or, if they have registration for interstate practice, are registered in the state). 29 Furthermore, several professional medical bodies try to navigate the matter through guidelines and similar non-binding documents. We may mention as an example the American Telemedicine Association with its relatively numerous guidelines. 30 Interestingly, even in primary care it is permissible to provide remote services to a patient with whom the provider has not had previous direct contact, but according to the American College of Physicians, the provider must then either “ [t]ake appropriate steps to establish a relationship based on the standard of care required for an in-person visit, ” or “ [c]onsult with another physician who does have a relationship with the patient and oversees his or her care ”. 31 Another example is the Federation of State Medical Boards, which has issued a policy document titled “The Appropriate Use of Telemedicine Technologies in the Practice of Medicine,” last updated in April 2022. 32 This document aptly identifies some of the areas (1 January 2019.) accessed 28 August 2023; Berufsordnung de Ärztekammer Westfalen-Lippe vom 15. November 2003. Ärztekammer Westfalen-Lippe. accessed 27 August 2023. 29 See Telemedicine Policies. Board-by-Board Overview. Federation of State Medical Boards. (16 November 2023.) accessed 27 August 2023. 30 See Practice Guidelines Archive. ATA. accessed 27 August 2023. 31 DANIEL, H., SNYDER SULMASY, L. Policy Recommendations to Guide the Use of Telemedicine in Primary Care Settings: An American College of Physicians Position Paper. Annals of Internal Medicine. (17 November 2015.) doi: https://doi.org/10.7326/M15-0498. 32 See The Appropriate Use of Telemedicine Technologies in the Practice of Medicine. Federation of State Medical Boards. (30 April 2022.) accessed 27 August 2023. nrw.de/lmi/owa/br_text_anzeigen?v_id=74120170406111640601> accessed 28 August 2023; Berufsordnung der Ärztekammer Niedersachsen. Ärztekammer Niedersachsen. (1 May 2020). 25 See the decision of the Federal Court of Justice (BGH) of 9 December 2021, I ZR 146/20, or HAHN, Moritz. Telemedizin – Zulässigkeit und Zivilrechtliche Haftungsrisiken. Bucerius Law Journal. accessed 27 August 2023. 26 See the decision of the Federal Court of Justice (BGH) of 9 December 2021, I ZR 146/20.

353