UK Law and Practice Contributed by: Amélie Chollet, Hannah Curtis and David Dennis, CMS
rules in each EU jurisdiction post-Brexit transition period (as well as comply with UK requirements when selling in the UK); and • be mindful of any limitation on offering a telemedicine service that may apply in each jurisdiction where it is active. Health Service Digital Standards Digital health suppliers seeking to work with UK health services must comply with jurisdiction- specific standards. In England, this includes the NHS Data Security and Protection Toolkit (DSPT) and Clinical Safety Standards (DCB 0129/0160); suppliers may need to meet NHS Digital Tech- nology Assessment Criteria. Scotland, Wales and NI maintain separate health service digital standards and procurement requirements. NHS Rules and Professional Standards The GMC sets standards for medical practi- tioners, including those providing digital health services. The GMC, the royal colleges and the professional associations continue to develop publishing standards of practice, procedures and protocols that will cover the use of telemedi- cine. The GMC has published guidance on remote consultations. Briefly, the doctor needs to con- sider whether a face-to-face consultation is necessary, or whether remote treatment may be appropriate. If appropriate, the doctor should then obtain the patient’s consent for this method of provision of medical services. If the doctor is not the patient’s usual doctor, they must ask the patient for consent to obtain information and medical history from the patient’s GP and to send details of any treatment the doctor has arranged. Remote consultations via use of telehealth can take place where:
• the patient’s clinical need or treatment request is straightforward; • the doctor has access to the patient’s medi- cal records; • all the information requested/needed by the patient can be given by telephone, internet or video-link; • the treatment does not require follow-up or monitoring; and • the doctor has a safe system in place to pre- scribe medications if needed. The consultation must be in person if the forego- ing criteria are not met and/or if: • the doctor needs to physically examine the patient; • the doctor is unsure about the patient’s capacity; • the doctor is unable to determine that the patient has all the information the patient wants or needs about treatment options; or • the doctor is prescribing injectable cosmetic medications. From October 2021, all GP practices are required to “offer and promote” to their patients (and those acting on their behalf): • an online consultation tool; • a video consultation tool; • a secure electronic communication method; and • an online facility to provide and update per- sonal or contact information. These requirements are all subject to existing safeguards for vulnerable groups and third-party confidentiality. They are to be in place alongside, rather than as a replacement for, other access and communication methods – for example, tel- ephone and face-to-face contact.
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