의료인의 “면허된 것 이외의 의료행위”와 규제완화

“Medical practice other than those licensed” by medical personnel and tendency of deregulation

Current Medical Service Act regulates that medical person refers to a medical doctor, a dentist, an oriental medical doctor, a midwife or a nurse, “who holds a license granted by the Minister of Health and Welfare(Art.2(1)), and regulates that by type, a medical person has the mission to seek the improvement of public health and contribute to help citizens enjoy healthy lives by performing his/her mission(Art.2(2)). And the Act prohibits against unlicensed medical practices(Art.27(1)). It provides that “Non-medical personnel are prohibited from performing medical practices, and even medical personnel shall not perform any medical practice other than those licensed.” Unlicensed medical practices have been prohibited uniformly by this provision. But recent case showed new tendency to relieve deregulation on some occasions. The court ruling related to unlicensed medical practice has shown deregulation of medical practice other than those licensed. The Supreme Court, 2013do850 has dealt with the medical practice over the scope of the his/her license by dentist. It is the opinion of the supreme court that “the rational interpretation of the law to fit situations of ages” is necessary. In this article, I suggest that modification of medical personnel, medical license, and medical practice.