Abstract
The past decade has brought explosive growth in PACS technology, making large scale teleradiology an integral part of many radiology practices. This reality has left legislatures, the courts, and a wide variety of organizations that formulate healthcare policy scrambling to keep pace with an ever-changing practice environment. The result as a new century dawns is a patchwork of laws, courts decisions, and formal policies formulated by the American College of Radiology (ACR) and others that address a wide variety of issues relating to teleradiology. Some issues, such as the medical licensure and institutional credentials necessary to practice teleradiology in a given jurisdiction, are fairly well defined. However, the majority of legal and policy issues that confront this increasingly important aspect of radiology practice are unsettled or not even addressed, leaving a broad range of unanswered questions.
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References
42 USCA Section 1320a-7 (1998).
Alberts v Devine, 479 N.E.2d 113 (Mass. 1985), cert. denied, 474 U.S. 1013 (1985). American College of Radiology: ACR Standard for Digital Image Data Management. Effective January 1, 1999. Reston, VA (1999a).
American College of Radiology: ACR Standard for Teleradiology. Revised 1998; effective January 1, 1999. Reston, VA (1999b).
American Medical Association: House of Delegates Resolution 117 (I-96). Interim Meeting. 1996.
American Medical Association: Status Report on Telemedicine. Council on Medical Service Report 8-I-97. Chicago 1997.
American Medical Association: The Promotion of Quality Telemedicine. Joint Report of the Council on Medical Education and Council on Medical Service, 1996. In: American Medical Association: Continuing Medical Education Resource Guide. Chicago, 1996.
American Medical Association: The Promotion of Telemedicine. Quoting AMA Policies 410.973 and 410.987. American Medical Association. Chicago 1999a.
American Medical Association: Policy 410:987[3]. American Medical Association. Chicago 1999a.
Andrews, BW. Medical records liability. 6 Health Lawyer 11 (Summer 1992 ).
Berger S, Cepelewicz BB. Medical legal issues in teleradiology. Ajr 166: 505–510, 1996.
California Business and Professions Code. Section 2305 (1998a).
California Business and Professions Code. Sections 2314, 2315 (1998b).
Caryl CJ. Malpractice and other legal issues preventing the development of telemedicine. 12 Journal of Law and Health 173 (1998).
Classification for Five Medical Image Management Devices: Final Rule. 63 Federal Register 43242 (April 29, 1998).
Compuserve, Inc. v Patterson, 89 F.3d 1257 (6th Cir. 1996 ).
Cuzmanes PT, Orlando CP. Automationof medical records: The electronic superhighway and its ramifications for health care providers. 6 Journal of Pharmacy and Law 19 (1997). Dent v. West Virginia. 129 U.S. 114 (1889).
Federal Food, Drug and Cosmetic Act, Sec. 201. Codified at 21 USCA 321 (1999).
Federation of State Medical Boards of the United States, Inc.: A Model Act to Regulate the Practice of Telemedicine or Medicine by Other Means Across State Lines, Executive
Summary. Euless, TX (October 31, 1995).
Goldberg AS, Gordon JF. Telemedicine: Emerging Legal Issues. American Health Lawyers Association. Washington, DC 1998.
Hand v Tavera, 864 S.W.2d 678 (Ct. App. Tex. 1993 ).
Health Care Financing Administration. Internet Security Polity. Washington, DC (November 24, 1998a).
Health Care Financing Administration. Proposed Rule: Security and Electronic Signature Standards. 63 Federal Register 43242 (August 12, 1998b).
International Shoe v Washington,326 U.S. 310 (1945).
McKinney v Schlatter, 1997 WL 67702 (Ohio App. 12 Dist. 1997).
NORCAL Mutual Insurance Co. Professional Liability Insurance Policy. Part III Exclusions, A-7. San Francisco 1997.
North Carolina General Statutes. Section 90–18 (1998).
Telemedicine Related Activities. Center for Devices and Radiological Health, U.S. Food and Drug Administration. Rockville, MD (July 11, 1996 ).
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Smith, J.J., Zibners, H. (2002). Legal Issues and Formal Policies. In: Dreyer, K.J., Mehta, A., Thrall, J.H. (eds) PACS. Springer, New York, NY. https://doi.org/10.1007/978-1-4757-3651-9_14
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DOI: https://doi.org/10.1007/978-1-4757-3651-9_14
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