• Title/Summary/Keyword: Medical Technician Law

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The Legal System for the Independent Practice of Physical Therapy (물리치료원 독립 개원을 위한 제도적 장치)

  • Bae Sung-Soo;Kim Dae-Young;Nam Sung-Woo;Park Hwan-Jin;Jeon Jae-Kyun
    • The Journal of Korean Physical Therapy
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    • v.10 no.1
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    • pp.253-263
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    • 1998
  • To provide physical therapy service of good quality keeping people healthy and obstain structural reformation coping with the demands of in medical service market to foreign intercourse on 21C, we should make legal system fer the physical therapy practice. Thus we suggest the Ministry of Health and Health and the authorities should, 1. Exclude the provision of physical therapist from the classfication of medical technician on the Medical Technician Law Article 2. and establish the independent Physical Therapist Law 2. Eliminate the provision of physician or dentist's guide the Medical Technician Law Article 1. or reform it to physician or dentist's request so that physical therapists may have a independent practice, or 3. Add the provision of the physical therapy center to the Medical Technician Law, the enforcement ordinances and enforcement regulations, such as the provision of optometrist or dental technician.

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A Comparison of the Korean and Japanese Medical Technician's. Etc. Act Systems Focusing on Physical and Occupational Therapists

  • Yoon, Tae-Hyung
    • The Journal of Korean Physical Therapy
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    • v.28 no.2
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    • pp.128-135
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    • 2016
  • Purpose: The aim of this study was to compare the "Physical Therapist and Occupational Therapist Act" of Japan and the "Medical Technician's. Etc. Act" of Korea in order to establish the grounds for improvement of effective law-making. Methods: We obtained the "Medical Technician's. Etc. Act" from the Korean Ministry of Government Legislation and the "Physical Therapist and Occupational Therapist Act" from the Japanese Ministry of Health, Labor and Welfare. It was translated from an association by related Japanese and experts. Results: The laws consisted of acts, enforcement ordinances, and enforcement regulations in both Korea and Japan. In the Korean case, eight occupations were defined in one law including six types of medical technicians, as well as medical recorders and opticians. The "Physical Therapist and Occupational Therapist Act" in Japan is composed of 6 chapters and 22 articles, while the Korean Act consists of 33 articles without chapters. Among them, 11 articles covered the establishment and management of dental laboratories and eyeglass shops, and only 22 articles were related to physical therapists and occupational therapists. Conclusion: Independent laws should be established for each type of medical technician. They must be comparable to Japanese laws on physical therapists and occupational therapists as well as clinical pathologists, dental hygienists, dental technicians, radiologic technologists, medical recorders, and opticians.

A Study on the Issues and Improving Directions of the Rules related Rad iologic Technologist in Medical Law (의료관계법상 방사선사에 관한 규정의 문제점과 방향에 대한 고찰 - 일본의 진료방사선기사법과의 비교고찰을 통하여 -)

  • Lim, Chang-Seon
    • Journal of radiological science and technology
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    • v.17 no.1
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    • pp.87-96
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    • 1994
  • Accoring to the astonlshing progress of medical science, the medical roles of the radiologic technologist are increasing gradually and specializing highly. However, there are the wide disagreements the actual roles of the radiologic technologists at clinics and the relating rules of the medical law. Therefore, it is required that the medical law should be corresponded with the actual state. To solve these problems. this study has proceeded to make the survey of the present medical law and has tried to offer the most suitable theories to the actual state. This study includes the survey of relevant professional literatures. The major contents of this study are as follows. First, medical technician is written "技士" (in Chinese character) at the present medical technician law, and that word is written wrong. So, it should be replaced with "技師". Therefore, radiologic technologist should be written "放射線師". Second, the relations between the doctor and the radiologic tecnologist should be written the "request or other words" instead of "direction". Third, in spite of the rules of the present medical law, the medical act of radiologic technologist at clinics should be belonging to the boundary of medical practice. Forth, to present the appropriate medical service to the patients, legal status of radiologic technologist as a member of medical team should be established. Fifth, it is desired that Magnetic Resonance Imaging Technology as a business of radiologic technologist should be provided for in the medical law.

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A Legal Review on Physical Therapists' Roles and Doctors' Superintendency (물리치료사의 업무범위와 의사의 지도권에 관한 법적 검토 - 청주지방법원 2010. 2. 3. 선고 2009노1317 판결 -)

  • Kim, Han-Nah;Kim, Kye-Hyun
    • The Korean Society of Law and Medicine
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    • v.11 no.2
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    • pp.337-361
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    • 2010
  • In the case of Korea, both of modern medicine and oriental medicine are admitted as medical practices in the system. In other words, healthcare system is dualized. However, medical practice that corresponds to oriental medicine in Korea is substitution of medical practice in cases of foreign countries. For use of medical devices, it is provided only for doctors and medical technician relevant to use. Particularly, although oriental medicine is recognized as orthodox medicine in terms of the features of Korean medical system, superintendency of oriental doctors is not identical with that of doctors for use of medical devices and superintendency toward medical technicians. Recently, Cheongju District Court decided that superintendency of oriental doctor upon physical therapist is not acknowledged. It can be said that the judgement is opposed to the original verdict which judged that oriental doctors' employment and guidance of oriental doctors upon physical therapist is permissible. Hence this study aimed to review on domestic medical law system, which is dualized, roles of medical professionals, intent of the medical license system, provisions related to medical technician law and relevant precedents. Regulations on practices other than licensed practices by medical professionals are made because medical practices may affect on danger toward life and body of human and public health also. Therefore, the nation regulates medical professionals having licenses to perform medical practices within the range of the licenses. It is clearly prescribed that medical technicians may perform medical practices under instructions of doctors or dentists pursuant to the medical technician law. In addition, the court also judges that it is out of the license of oriental doctors if they use CT devices and limits the use of modern medical devices by oriental doctors. That is to say that it limits oriental doctors' employment of medical technicians and pursuant of oriental doctors on medical technicians as well.

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Awareness, need and demand for the amendment of medical device law according to the general characteristics of some dental hygienists (일부 치과위생사들의 일반적 특성에 따른 의료기사법 개정에 대한 인식, 필요 및 요구도)

  • Lee, Hyeon-Jeong;Kwak, Ji-Won;Lee, Dong-Ha;Lee, Hyeon-Hee;Jeong, Hae-Mi;Joo, Soo-Yeon;Seong, Mi-Gyung
    • Journal of Korean Dental Hygiene Science
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    • v.1 no.1
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    • pp.23-36
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    • 2018
  • This research has been conducted from June 1, 2017 to August 25, 2017 for the dental hygienists working in Busan and Gyeongnam area, to provide necessary basic data for the purpose of revision of the relating laws from the analysis of their understanding and perspective on such laws through 262 subjects' questionnaire. Its analysis of their perspectives are as follows. 1. The common characteristics of the subjects are that 40.1% of them are under 25, and their working period was under three years with the 38.9%, and as for their marital status, 70.2% were single, the final education of 80.2% were associated degrees. Their working areas are centered in Gyeongsangnam-do province with 91.2%, the workplace type is for the dental clinic with 80.2%. 2. The comparison of the view point of the medical(technician) law according to the characteristics of the research subjects differed only whether or not the completion of the education, and as a result of the comparison according to the characteristics of those subjects understanding the details of the medical(technician) law, there was a significant difference saying "the current law has clear job description" depending on the working area or "the job duty is definite" depending on the job experience and job details. As for those saying "the job duty is definite", there was also significant difference depending upon marital status, final education and work details. There was no significant difference in all characteristics from findings of the necessity of legal system according to the subjects not understanding the medical(technician) law. 3. As a result of comparing the necessity of the medical(technician) law according to the characteristics of the research subjects, it was found that all the subjects accepted the necessity of the medical law revision including the dental hygienist in the medical person. The "necessity of the professional dental hygienist system" showed a significant difference depending upon the final education and medical institution type. Among the triggering factors in its amendment, there showed significant difference in the "cooperation of other organizations" and "solution of medical law problems" only in the final education. 4. As a result of comparison of the needs of the medical(technician) law revision according to the characteristics of the research subjects, it was found that the significant traits related to the age and job details showed "Legal responsibility would be increased" when the medical law is revised, in case that "it will help broaden the job extension", there showed a significant difference in career, final education, and working institution, and job details. "Legal protection is possible" showed significant difference except the age group and working area, and "it help the system settlement" showed in the final education. There was a significant difference in career, final education, and job details that "I can regulate the education and field practice", and the same in "my status will be improved" depending upon the final education, work area, and job details. Accordingly, in this research, for the establishment of more professional and comprehensive dental health service as suggested from the demand and necessity toward the medical(technician) Law by the dental hygienists.

Independent Clinic Open of Physical Therapist (물리치료사의 자립개원)

  • Song Ju-Young;Kim Hyung-Nam;Cho Gui-Soon
    • The Journal of Korean Physical Therapy
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    • v.8 no.1
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    • pp.81-89
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    • 1996
  • This study is to make legal suggestions concerning the legal status of the physical therapists and the their clinics io Korea. This study compares the legal status of the physical therapists with that of the optical and dental technicians, and reviews the current system of the American physical therapeutic clinic. 1. Under the supervision of the doctor or dentist' in Article 1 of Law concerning the Medical Technician should be deleted or changed into 'by the request of the doctor or dentist'. A new independent law should be mode only fer the physical therapist from the general law that stipulates the legal status of other similar medical technicians. 3. The legal status of the physical therapeutic clinic should be stipulated in the regulations for the application of the law as that of the dental technician does. The modification of the medical services, the medical expences, waiting time, the easy access to the clinic of farmers, fishermen, urban laborers, and handicapped people, and the development of the area of the physical therapy.

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A Study on the legal definition and the demands of the times of a medical technician according to changes in the medical market (의료시장 변화에 의한 의료기사의 법률적 정의와 시대적 요구에 관한 연구)

  • Kim, Jeong-Ho;Han, Man-Seok;Kim, Chang-Gyu;Seo, Sun-Youl;Kim, Gap-Jung;Bae, Seok-Hwan;Kim, Yong-Kyun
    • Journal of Digital Convergence
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    • v.19 no.11
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    • pp.397-406
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    • 2021
  • Under the Act on Medical Technicians, etc. in Korea, medical technicians are supposed to perform their duties under the guidance of a doctor or dentist. However, considering the actual work behavior, domestic and international trends, and the level of education of medical technicians, professionalism must be recognized. Such a professional and independent operating system must guarantee the autonomy of medical technicians, and it can be said that changes are necessary in law. In other words, it is necessary to change to "request and prescription" rather than "supervision" according to the needs of the times when the concept of "request" and "cooperation" is applied in many countries and an excellent curriculum. These changes can be called the demands of the times and changes for the improvement of medical services and social contribution.

The Necessity of Redefining the Radiological Technologist Independent Law (방사선사법 제정의 필요성)

  • Lim, Woo-Taek;Lim, Cheong-Hwan;Joo, Young-Cheol;Hong, Dong-Hee;Jung, Hong-Ryang;Jung, Young-Jin;Choi, Ji-Won;Yoon, Yong-Su;Kim, Eun-Hye;Yoo, Se-Jong;Park, Myeong-Hwan;Yang, Oh-Nam;Jeong, Bong-Jae
    • Journal of radiological science and technology
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    • v.44 no.5
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    • pp.545-554
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    • 2021
  • According to the changes of the medical environment of the times, it is necessary to discuss the issues of the doctor's medical guidance and to conduct continuous research so that alternatives can be prepared systematically. Furthermore, in order to enhance the professionalism of radiological technologists and to develop the medical technician system, the new Radiological Technologist Independent Act has been established, which contains the overall contents of the scope of work, professional qualifications, and specialized education of radiological technologists, and provides quality medical services to patients through professional procedures and treatment. In order to increase the level of medical care, the purpose, definition, mission, role, and scope of work specified in the Medical Act, Medical Service Technologists, etc. Act, the Enforcement Decree, and the Enforcement Rules were variously analyzed and new directions were presented. First, the definition of a medical technician should use a generic term so that the factors of conflict and prejudice could be resolved. Second, change the doctor's guide to doctor's prescription; and then legislate the authority to sign and write medical records after examination by radiological technologists, thereby prohibiting unlicensed technicians that seriously endanger patient safety. Third, an accurate definition of radiological technologists' roles should be established; not only selection and management of radiological technologists' work but also procedures and treatment for each radiology field should be specified to suit the current medical system. Fourth, a professional radiological technologists' qualification system and a specialized education system should be established in order to secure human resources that could provide patients trust in procedures and treatment based on professional knowledge and experience in the field of radiology. Fifth, the Education and Evaluation Institute should be operated in Korea education system to educate the professional knowledge and competency for students. In addition, it is necessary to in-depth analysis of foreign cases could be applied to the medical system and education system in Korea; it could strive to nurture systematic human resources.

A Study on the Scope of Practice of Nurses in the Prehospital Emergency Medical Service System (병원 전 응급의료체계에서 간호사의 업무범위에 대한 소고(小考))

  • Bae, Hyuna
    • The Korean Society of Law and Medicine
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    • v.20 no.2
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    • pp.141-171
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    • 2019
  • Nurses are medical personnels under the Medical Service Act and perform medical practice such as medical assistance at medical institutions. The nurse, a medical personnel, provides emergency medical service to emergency patients in the pre-hospital emergency medical system as a 119 rescuer based on the Act on 119 Rescue and Emergency Medical Services. The scope of practice of nurses is comprehensively defined in the Medical Service Act and specified through precedents. In contrast, The scope of work of emergency medical technician is listed in detail. It is understood that nurses in the pre-hospital emergency medical service system have a wider scope of practice than emergency medical technician. In particular, the scope of practice of nurses as emergency medical personnel in the pre-hospital emergency medical system should be interpreted differently within the medical institution, considering the urgency of the patient, being transferred to the emergency medical institution, and the specificity of medical direction through tele-communication.

Comparison of Medical Technician Organization's Position on the Medical Technician Act and Foreign Cases (의료기사법에 대한 의료기사단체의 입장 및 외국사례 비교)

  • Kim, Jae-Seok;Jeon, Min-Chul;Kim, Seong-Ho;Lee, Won-Jeong
    • Journal of the Korean Society of Radiology
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    • v.15 no.5
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    • pp.761-770
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    • 2021
  • In order to establish an independent relationship between occupations in accordance with the abuse of doctor's orders and employment, the position of each physician and medical technician group, and the education system and laws of Japan, the United States, and England To promote the improvement of public health. The main differences in positions among related interest groups were analyzed, and the proposals and precedents of the National Assembly laws that were initiated after 1963 were analyzed and compared with the laws of developed countries. Among the OECD member countries, 26 countries except Korea have enacted a single law for medical technicians, and the meaning of instructions and supervision differs from country to country. The Medical Technician Act, etc., is inappropriate to apply the current and situation of the times as the laws of the 20th century to represent all the laws of the eight medical technicians. It is thought that a change in the word of direction and supervision under the control of the company is inevitable from a future-oriented horizontal perspective.