Some Questions

dr_bhatia · #1 (**permalink**) 9th March 2002, 04:13 AM

1. Are there any international/US laws that regulate medical advice on the internet?

2. If a doctor gives advice to his regular patient on the net or thru email, is it valid?

3. Can a doctor-patient relation be established without seeing the patient in person?

4. Suppose a medical advice by a homeopath in italy to a patient in US goes wrong (or the patient holds the suggested medicine responsible for any adverse changes that may have occoured after taking homeopathic medicine), then under what legal framework (if there is any) can the person who gave the advice be held accountable?

5. Since in US the homeopathic medicines are available as 'over the counter drugs' as per FDA rules and u donot need a prescription to get them, Does having a prescription matters at all? Can a person be held responsible for suggesting a homeopathic medicine which does not even require a prescription to get?

Merl · #2 (**permalink**) 9th March 2002, 05:13 AM

On the point of being held liable for prescribing medicines that are available over the counter...I was told by a professor of medical law that, for example, if someone complains of a headache and a lay person suggests two asprin, it is not the same as your neighbor the nurse suggesting the same two asprin. In the case of the nurse, advanced medical knowledge is implied and the advice, therefore, carries more weight. You think you can trust the nurse to know what's good for you in that situation and perhaps act according with that trust. Theoretically, if the headache were from something serious that needed other intervention which was delayed because of the nurse's advice, s/he would be liable. Hope this helps with that small part of the question.

Dr. Aamir Shahzad · #3 (**permalink**) 10th March 2002, 11:24 AM

I was coming to internet for some other purpose. But it is my habit to visit my favourite homeopatic website www.homeopathyhome.com I saw your thread. I thought I should present my views on your questions.

I also visited your provided link. Congratulation to you.

What about your miasm forum. Are you giving time to that forum at the same time. All the best to you and your website

My comments are as offered below!!!!!!!!

1. Are there any international/US laws that regulate medical advice on the internet?

No.

Some websites already declared the same at prominent places.

see

www.homeopathy-home.com
www.homeopathyhome.com
www.homeint.org

Look at the bottom of this page....

Quote:

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2. If a doctor gives advice to his regular patient on the net or thru email, is it valid?

To some extent. yes

Even operations were performed via net. The doctors knows better. Whether it will be suitable to suggest medicine to patient or not. It depends upon case to case and the patient's position and stage of disease. If doctors feels that the patient should be infront of him. Then he will advice him to see byself to nearest medical doctor for advice. As Ricky pointed out on so many occasions on the net in past.

3. Can a doctor-patient relation be established without seeing the patient in person?

Possibly Yes

In homoeopathy, it is more relevant. As we believe on symptoms and not diagonsis. We give priorities to mental state and other things which have no practical value in other system of medicine. So on internet Homoeopathy is the best choice for treating patients.

4. Suppose a medical advice by a homeopath in italy to a patient in US goes wrong (or the patient holds the suggested medicine responsible for any adverse changes that may have occoured after taking homeopathic medicine), then under what legal framework (if there is any) can the person who gave the advice be held accountable?
The patient who is taking advice knows the limitation of treatment over the internet. So it is not a sitution to worry about. Secondly the websites already declared the limitation as quoted above and when you got registeration

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No legal action could be taken. You have observed that when surgeon goes into the operation room. He gets declaration / undertaking first from the patient and his family members. So I will suggest that if you are taking cases on internet then asked the patient to fill undertaking / declaration form.

5. Since in US the homeopathic medicines are available as 'over the counter drugs' as per FDA rules and u donot need a prescription to get them, Does having a prescription matters at all? Can a person be held responsible for suggesting a homeopathic medicine which does not even require a prescription to get?

NO, NO and NO

Same is the situation in Pakistan. According to the 1965 act of Homeopathic and Ayurvedic system of medicine. No License is required to sale these medicines. But it will be in the interest of patient to get advice from registered homeopathic doctor or naturopath and then purchase the medicine. If he is purchasing the medicine which are not coming under control drug act. Then it is the responsiblity of patient and not any doctor or shop keeper.

sreischman · #4 (**permalink**) 10th March 2002, 01:52 PM

In the United States, medical practice is regulated at the state level. Each state is different. Some states consider homeopathy to come under the practice of medicine and one needs to be a licensed physician to practice. Other states consider it to be under the practice of medicine, but it can be delegated to a non-licensed homeopath by a licensed physician. Some states have their own homeopathic medical board and in others it falls under the auspices of the allopathic medical board. In some states it is completely unregulated and in others it's not. In some states licensed physicians can have their licenses taken away for practicing alternative/complementary medicine and in others they are free to pactice anything they are trained in. So you see, each of the 50 states is different.
Shirley Reischman

gpm · #5 (**permalink**) 10th March 2002, 04:32 PM

Hi Dr. B,
I ran a quick search using terms like "laws, medicine, internet" on www.google.com search engine and a lot of information does come up like the link below and many other sites. Hope you can find the answer.

http://www.kopfhealthlaw.com/about_news.html

dr_bhatia · #6 (**permalink**) 15th March 2002, 04:01 PM

Thanks Sman and gpm. Anyone else has more info?

Divina · #7 (**permalink**) 16th March 2002, 12:41 PM

Quote:

1. Are there any international/US laws that regulate medical advice on the internet?

Unless someone figures out a way to extend legal jurisdiction past individual political boundaries, I believe there can be no law about this.

Quote:

2. If a doctor gives advice to his regular patient on the net or thru email, is it valid?

Absolutely.

Quote:

3. Can a doctor-patient relation be established without seeing the patient in person?

Yes, but why would anyone settle for this?
I'm sure prescriptions could be made without face-to-face contact, but what kind of diagnosis could be made without this? It is clear to me the patient is at great risk in this situation--and the physician can be easily accused of malpractice. Unless the physician is practicing on the internet...

Quote:

4. Suppose a medical advice by a homeopath in italy to a patient in US goes wrong (or the patient holds the suggested medicine responsible for any adverse changes that may have occoured after taking homeopathic medicine), then under what legal framework (if there is any) can the person who gave the advice be held accountable?

None. Especially if the physician specifies somewhere that the patient engages at his own risk--like Jon Haworth has done on the BB, with his disclaimer.

Quote:

5. Since in US the homeopathic medicines are available as 'over the counter drugs' as per FDA rules and u donot need a prescription to get them, Does having a prescription matters at all? Can a person be held responsible for suggesting a homeopathic medicine which does not even require a prescription to get?

Yes. Here's how: making the suggestion can be legally interpreted as "practicing medicine". Only MDs are legally allowed to "practice medicine". Homeopaths and other alternative practitioners who terrify the AMA are not. Therefore, one can be charged with practicing medicine without a license. This is a big offense in the US.

However: legal precedent has been set by homeopaths who have fought and beaten this charge. Dana Ullman, for example, was charged with this and defended himself by proving that he was not "practicing medicine", but rather "practicing homeopathy". He carefully pointed out the differences between the two entities, was cleared of any charges, and established a very strong legal precedent in the state of California as a result.

Divina

dr_bhatia · #8 (**permalink**) 19th March 2002, 04:42 AM

Thanks Divina,
Your views were of great help.

Dr. Aamir Shahzad · #9 (**permalink**) 20th March 2002, 09:03 AM

Any body who will read this mail will very easily see the diversion of dr bee with members.

Shashi Roy · #10 (**permalink**) 20th March 2002, 09:19 PM

What you exactly mean?

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