• Title/Summary/Keyword: license system for korean medicine

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A Comparative Study of The Health laws in North Korea and South Korea. (남북한 보건의료관계법규 비교분석;보건의료자원 중 시설과 인력을 중심으로)

  • Kim, Joo-Hee
    • Journal of Korean Academy of Nursing Administration
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    • v.4 no.2
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    • pp.321-349
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    • 1998
  • Since 1990 the effort for unification has been active in each department of our society. But the study for health policy in Unified Korea has been scarce. Unified Korea should be a democracy and a constitutional state. So we should have lively discussion on the health law as well as unified general laws. The purpose of this study is to compare the health law of South Korea and North Korea and to understand the differences in them. We guess both Korea are considerably different each other. But this study found out that there are many health related laws that have same goals and contents. The reason for this is that both health laws have its root in Korea Law. And the right to health is the social basic right. whose characteristic can not be compatible with market economy and demands state intervention for securing the right to health. The health related laws are divided into 4 fileds. 1. There is a field A which is affected by unified political and economic system and differs little from the law system: the license system of medical personnel. 2. There is a field B which is seldom affected by unified political and economic system and differs little from the law system: the right and duty of medical personnel. quarantine law. 3. There is a field C which is affected by unified political and economic system and differs greatly from the law system: health institution law(exclusive of quarantine law), the laws of medical personnel category, of research center(especially per-mission, registration and establishment). of the role of basic health in private and public area. 4. There is a field D which is seldom affected by unified political and economic system and differs greatly from the law system: health equipment law(the laws of drugs, of cosmetics and of medical instrument. of blood management). the laws of health knowledge. of cooperation in chinese medicine and western medicine. the health promotion law. the rules of first-aid. the law of separation of dispensary from medical practice. The laws which are seldom affected by political and economic system can be consolidated. which in turn can be revised and enacted before unification of Korea through the interchange between North Korea and South Korea and the support to North Korea health system.

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Factors that Impact on Safety Activities of Personnels in Oriental Medicine Hospital of University (대학부속 한방병원 교직원의 안전활동에 영향을 미치는 요인)

  • Lee, Jung-Woo
    • Korea Journal of Hospital Management
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    • v.22 no.3
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    • pp.61-73
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    • 2017
  • Purposes : The purpose of this study is to identify factors that have effects on safety activities of hospital personnels by investigating causality between patient safety culture, job stress, safety system and safety activities of faculty and staff member who are working for oriental medicine hospital of university. Methodology : The subjects were 246 employees working in 4 oriental medicine hospitals of university in Daejeon and Chungcheongnam-do. The data were collected from January 16 to January 25, 2017 using a structured questionnaire. For data analysis, descriptive statistics, Pearson correlation coefficient, t-test, ANOVA and Duncan test with SPSS 22.0 were used. Findings : The activity score for patient safety of faculty and staff member, who were experienced at job training program after joining a company and regular training course for qualification or license, was meaningfully higher than that of group who had no job training experience. The result indicated that the higher there is level of safety culture and safety system and the lower there is work stress, the more the activity has positive effect on patient safety. The level score of awareness for safety culture of faculty and staff member in C hospital, which is facing financial crisis in business circumstances recently, showed average value of 3.29. It was significantly lower than that of the other three hospital. Also, The activity score for patient safety was markedly lower than that of the other three hospital. This result become interested in the process of linking non-financial performance and financial performance. The level score of safety activity in A hospital which obtained healthcare accreditation was remarkably higher than that of the other three hospital which didn't certify healthcare accreditation. Pratical Implications : Subjects about Q.I or patient's experience management must be included in curriculum of Oriental medicine. It is necessary to get the effect of job training program for faculty and staff member through the process of preparation for obtaining healthcare accreditation. When the hospital director is appointed, it must be considered that he/she has the ability to attach importance to analysis and management of the factors creating safety accident, and has business mindset for healthcare delivery of customer- centricity. This research showed that financial performance of hospital, which of business environment is favorable; located in metropolitan city and having large scale of hospital and quality of residence rating but low-level of safety culture and safety activity, was lower than that of general hospital situated in small and medium-sized cities. More research needs to be done for answering this result.

Legalization of Tree Doctor System and the Role of KSPP (나무의사 제도 법제화에 따른 식물병리학회의 역할)

  • Cha, Byeongjin
    • Research in Plant Disease
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    • v.23 no.3
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    • pp.207-211
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    • 2017
  • In December of 2016, 'The Forest Protection Act' was amended partly in The National Assembly and the socalled 'Tree Doctor Act' was promulgated. Tree Doctor Act will be enforced from June 28, 2018. Under the new Act, none other than 'Tree Hospital' can do disease and pest management work for trees in public living space. The only exclusive qualification for tree hospital is a 'Tree Doctor', the government registered license which is newly established by the Act. To become a tree doctor, he/she must complete the tree doctor training courses in the designated 'Tree Doctor Academy' and pass the qualification test. Currently, Korea Forest Service is drafting the enforcement ordinances and regulations for the implement of Tree Doctor Act. When taking into consideration that the most fundamental and important discipline of the plant and tree health care is the plant pathology, and that the tree health care is a promising business for young plant pathology people, Korean Society of Plant Pathology is ought to be actively involved in the preparation of the enforcement ordinances and regulations, and help the early establishment of the new tree health care system in living spaces of Korea.

A Study on the Punishment of Unlicensed Medical Practice -Focusing on Collaboration between Medical and Non-medical Personnel- (무면허 의료행위 처벌에 관한 고찰 -의료인과 비의료인의 협업관계를 중심으로-)

  • Yoon, Suh-Young
    • The Korean Society of Law and Medicine
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    • v.23 no.3
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    • pp.117-137
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    • 2022
  • Today, the medical system is changing into a comprehensive health care system in which collaborative relationships between medical professionals and non-medical personnels in neighboring occupational areas. The current medical act brands such "collaboration" as unlicensed medical practice, and punishes non-medical personnel who acted in the risk management of doctors as well as doctors collaborated with non-medical personnel as unlicensed medical practice. In order to narrow the gap between the legal system that regulates unlicensed medical practices and the medical reality, it is necessary to overcome the structural limitations of dualistic, nationalistic, and identity-oriented regulation of unlicensed medical practices. The legal interests of unlicensed medical practice have a dual nature as a personal legal interest of "human life and body" as well as a national legal interest of "maintenance and protection of the nation's medical license system", and it should be noted that the criteria for judging the legal interests protected by the regulations of criminal punishment should be found in "personal legal interest theory." In addition, when determining which behavior is a medical practice and evaluating its risk, the dimension of behavior and measures should be considered in a fair manner without being biased against the subject (identity) of the action. In other words, judging unlicensed medical practice should depend on whether the risk of side effects that may result from the act is reasonably managed. Considering the prospect of therapeutic dialogue between medical professionals and patients, it would be desirable for medical law policies to move in a way that does not fundamentally block the possibility of collaboration among pluralistic medical personalities.

Concerning the Constitution Court's constitutional decision and the direction of supplemental legislation concerning Article 33 paragraph 8 of the Medical Service Act - With a focus on legitimacy of a system that prohibits multiple opening of medical instituion, in the content of 2014Hun-Ba212, August 29, 2019, 2014Hun-Ga15, 2015Hun-Ma561, 2016Hun-Ba21(amalgamation), Constitutional Court of Korea - ('의료법 제33조 제8항 관련 헌법재판소의 합헌결정'에 대한 평가 및 보완 입법 방향에 대하여 -헌법재판소 2019. 8. 29. 2014헌바212, 2014헌가15, 2015헌마561, 2016헌바21(병합) 결정의 내용 중 의료기관 복수 개설금지 제도의 당위성 및 필요성을 중심으로-)

  • KIM, JOON RAE
    • The Korean Society of Law and Medicine
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    • v.20 no.3
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    • pp.143-174
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    • 2019
  • Our Constitution obliges the state to protect the health of the people, and the Medical Law, which embodied Constitution, sets out in detail the matters related to open the medical institution, and one of them is to prohibit the operation of multiple medical institutions. By the way, virtually multiple medical institutions could be opened and operated because the Supreme Court had interpreted that several medical institutions could be opened if medical activities were not performed directly at the additional medical institution which was opened under the another doctor's license. However, some health care providers opened the several medical institutions with another doctor's license for the purpose of the maximization of profit, and did illegal medical cares like the unfair luring of patients, over-treatment, and commission treatment. Also, realistic problems such as the infringed health rights have arisen. Accordingly, lawmakers had come to amend the Medical Law to readjust the system of opening for medical institution so that medical personnel could not open or operate more than one medical institution for any reason. For this reason, the Constitutional Court recently declared a constitutional decision through a long period of in-depth deliberation because the constitutional petition and the adjudication on the constitutionality of statutes had been filed on whether Article 33 paragraph 8 of the revised medical law is unconstitutional. The Constitutional Court acknowledged the "justice of purpose" in view of the importance of public medical institutions, of the prevention from seduction of for-profit patients and from over-treatment, and of the fact that health care should not be the object of commercial transactions. Given the risk that medical personnel might be subject to outside capital, the concern that the holder of the medical institution's opening certificate and the actual operator may be separated, the principle that the human body and life should not be just a means, and the current system's inability to identify over-treatment, it also acknowledged the 'minimum infringement'. Furthermore, The Constitutional Court judged it is constitutional in compliance with the principle of restricting fundamental rights, such as 'balance of legal interests'. In this regard, legislative complements are needed in order to effectively prevent the for-profit management and the over-treatment the Constitutional Court is concerned about. In this regard, consumer groups actively support the need for legislation, and health care providers groups also agree on the need for legislation. Therefore, the legislators should respect the recent Constitutional Court's decision and in the near future complete the complementary legislation to reflect the people's interests.

Survey on Pharmacist's Awareness of E-commerce for Non-prescription Medicine (일반의약품의 전자상거래에 대한 약사의 인식도 고찰)

  • Park, Young-Dal;Bang, Joon Seok;Min, Young Sil;Sohn, Uy Dong
    • Korean Journal of Clinical Pharmacy
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    • v.26 no.2
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    • pp.137-149
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    • 2016
  • Objective: Online pharmacies were introduced in some countries such as United States of America or Canada. They can provide benefits to consumer because they can buy and take conveniently drugs without limitation of location or time. In Korea, online pharmacies are illegal and only pharmacists can sell drugs to consumers or patients. Therefore, we investigated the knowledge of online pharmacy and the possible problem in Korea to survey pharmacists. Methods: We developed questionnaire based on previous articles about online pharmacy and surveyed nation-wide pharmacists by mail or e-mail. The data was analyzed by SPSS and Microsoft Excel. P-values less than 0.05 were statistically significant. Results: 175 pharmacists involved in this study. About introduction of online pharmacies, 53.1% were opposition while 10.3% were approval and 36.6% were conditional. Although online pharmacies were introduced, 46.3% pharmacists do not have a plan to start online pharmacy. However, the approval and tends about starting online pharmacies were higher in younger pharmacists (20s, 30s) (p < 0.05). The criteria of permission about opening online pharmacies were 100% pharmacist license regardless of holding off-line pharmacy. 53.7% pharmacists responded education about taking medication is impossible. When online pharmacies are introduced, 65.1% pharmacists responded traditional pharmacies are affected negatively. Pharmacists concerned that the competition with large-sized distribution corporations, reduced reliance between pharmacists and patients, illegal transaction of counterfeit drugs, increased misuse of drugs. Conclusion: These results showed that Korea pharmacists have negative standard on online pharmacies. Therefore it is required to be more cautious before introducing online pharmacy and it need strict watching system and continuous education and study for safety after introducing online pharmacy.

The Change of Nurse호s Status According to the Status of Women II -From the post medieval epoche to late modern epoche- (여성의 지위에 따른 간호사의 위상 변화 II -중세 이후부터 근대 후기까지-)

  • 최순옥
    • Journal of Korean Academy of Nursing
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    • v.29 no.1
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    • pp.139-149
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    • 1999
  • It is very important to establish precisely the historical phases of nursing. We nurses should try to acquire the central social position in the health management system in the near the future, the 21st Century. Therefore my treatise aims to orient the desirable phases of the history of nursing through the feministic survey of the history of nursing from the post medieval epoche to the modern epoche. During the time of the renaissance which gave morning light to the modern epoche, the antique Athenian thinking of sex was again revived. Athenian excluded the women from the public and autonomous regions. All the medical activity, once dominated by the women, was misfortunately regarded as superstition acted by witches. Accordingly, the nursing women were to hunted as witches. In short, in the early modern epoche, women began to be excluded from the history of medical activities. In the middle modern epoche characterized by the enlightenment movement and early capital economic system, capitalistic patriarchal system began to be formed by change in the economic system. The status of women began to be greatly dropped below by the social distinction of the private dimension of home and the Public dimension of job. The woman was deprived of even the occasion to get the official license of medicine and medical institutions were handed to the state or the powerful and rich merchants. Accordingly, nursing acted mainly in the nunnery as the total approach to the patients was destructed wholly and transformed into the means of earning the money. Therefore unprepared low class -women began to engage in nursing only for the money. From then on, nursing activity was tunneled through the dark age for 200 years. In the late modern epoche characterized by the contrast of the accumulated vast capital by industrialization and vast poverty of the peoples, feminism began to float over the surface for the acquisition of equality of men and women from England. A feminist, Nightingale insisted that the women as nurses should be responsible for the healthy life of man. She tried the professional nursing education for women. Accordingly she not only contributed to the intellectual progress of women but also inspired in women the consciousness of the professional job. She tried to realize the ideal of at-that-time-feminists by engaging in nursing all through life. She really paved the road to contemporary nursing. In the near the future, I will write to describe how the late modern epoche nursing has fallen into the dilemma through the 1st and 2nd world wars and matured capitalism and to consider contemporary nursing with the status of women. All these papers aim to give proper recognition of nursing and right orientation of the future 21st Century nursing.

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A Study on the Establishment of Clinical Nurse Specialist (우리나라 전문간호사제도 개선방안에 관한 연구)

  • Byun, Young-Soon;Kim, Young-Im;Song, Mi-Sook
    • Research in Community and Public Health Nursing
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    • v.5 no.2
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    • pp.130-146
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    • 1994
  • Our medical care system is trying to diversify in order to meet the client's needs, and to adjust to a medical environment which is changing very rapidly. Because current nursing theory and practice focus on holistic care, health care management, education, and research, contrary to the traditional emphasis on only assisting a physician, more autonomy and specialization for the implementation of nursing are required. Considering these trends and actual needs, the category of clinical nurse specialist should be established as soon as possible. In order to develop strategies for implementing this new professional specialty, the authors conducted a field survey and literature review of the current system in Korea. As a result, various obstacles and constraints were discovered as follows : 1) There are few accredited educational programs for the training of CNS's. 2) Several hospitals already have staff designated as clinical nurse specialist (CNS) even though the term CNS is not yet standardized or adopted in nationwide. 3) The role of the CNS is not clearly understood by the medical societies, or even nursing societies. A nurse who works in specific nursing areas such as central supply, kidney dialysis, intensive care, coronary care, etc. for a long time, considers herself /himself a CNS. Based upon the above findings, the following alternatives are recommended. 1) The role of the CNS should be defined according to specified functions and authority : professional autonomy ; counselling and educating patients and their familes, nurses, and even other medical personnel ; research on improvement of nursing ; and management of the nursing environment including medical resources, information, and cases. 2) the qualification of CNS should be attained only by a nurse who has an RN license and clinical experience of more than 3 years in a specific nursing field: passes a qualifying examination; and contributes to the professional development of peers, colleagues, and others. A master's degree should only be optional, because of the insufficient of graduate programs which are well designed for the CNS. 3) The CNS should initially be a head nurse rather than line staff in order to deal with as wide an experience base as possible. 4) The nursing specialty could be divided into two areas such as a clinical field and a community field. The clinical field could then be categorized by the Styles' classification such as diseases and pathogenics, systems, ages, acuity, skills/techniques, and function/role ; the community field could be classified according to work site.

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A Study on the Characteristics of Open Access in Korean Scholarly Journals: Focused on KCI Journals (국내 학술지의 오픈액세스 특성에 관한 연구: KCI 등재지를 대상으로)

  • Kim, Gyuhwan;Joung, Kyoung Hee
    • Journal of the Korean Society for information Management
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    • v.34 no.3
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    • pp.251-267
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    • 2017
  • This study aimed to analyze open access features of 1,890 Korean scientific journals registered in the Korea Citation Index (KCI). To this end, this study classified open access features of the target scientific journals into two main aspects, free access and free redistribution. The analysis results indicated that the target scientific journals had strong free access aspects. Based on websites, 67% of the target scientific journals allowed for free access without a login process and based on free database, 48% provided free access. On the other hand, the target scientific journals had weaker free redistribution aspects compared to their free access aspects. Only 14% of them offered the CC (creative commons) license. Another finding was that there were clear differences in open access aspects by academic field. Medicine, pharmacy, natural science, agriculture, fisheries, oceanography, and engineering had stronger open access aspects than humanities, sociology, arts, physical education, and interdisciplinary science. It appears that the difference was caused by the presence or absence of organizations supporting distribution of scientific journals of the fields concerned. To narrow the gap, it is recommended that the open access governance system is established to set up open access policies for Korean scientific journals regardless of academic fields and to support them.

Psychological burden for legal responsibility of 119 emergency personnels (119구급대원의 법적책임에 대한 심리적 부담감)

  • Lim, Jae-Man;Yun, Seok-Jeong;Lim, Gwan-Su;Kang, Shin-Kap;Choi, Eun-Sook;Seo, Kyung-Hee
    • The Korean Journal of Emergency Medical Services
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    • v.13 no.1
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    • pp.87-96
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    • 2009
  • Purpose : To grasp the mental burden for legal responsibility that rescue members have in the performance of job. Method : Questionnaire was presented to rescue members serving in 2 direct control safety centers of fire station located in Seoul, Daejon, Incheon, Kwangju, Busan, Daegu and Ulsan. Results : 1. Questioned whether they have mental burden for legal responsibility while performing job on the site, the rescue members responded : very burdensome in 38.0%, burdensome in 56.0%, moderate in 4.5%, not burdensome in 1.0%, no burden at all in 0.5%. 2. Questioned on the first aid treat for which they have the most mental burden, the rescue members responded : intubation into trachea laryngeal mask airway(LMA) in 40.4%, automatic external defibrillator in 16.3%, securing vein providing sap(medicine) in 10.8%, basic cardiopulmonary resuscitation in 7.2%, eliminating foreign matters inserted into body in 5.4%, stanching external bleeding and treating injury in 5.4%, fixing extremities and spine by using splint in 1.8%, measuring the symptom of vitality in 1.2%, providing oxygen in 0.0%. 3. Questioned whether experiencing legal problem or firm petition(complaint) raised by patient while serving as rescue members, they responded : experiencing a complaint in 41.6%, experiencing no complaint in 58.4%. Asked to indicate the stress level in the scale of which they suffered when lawsuit or firm petition was raised, 0(weak)-10(strong), they answered 8.8 in average. 4. Questioned whether 119 rescue members put the legal responsibility in case that they cause damage to patients intentionally in performing, they responded to the inquiry 3.66 in average(of 5.00). It represented meaningful differences (F=2.874, p=.024) whether they had license or not. 5. In future, legal action will raise against the rescue member by 99% because of people's rights improvement(63.1%), high expectations for the rescue system(29.5%), non-licensed rescue members(5.1%). Conclusion : It was found that the rescue members had severe mental burden for advanced life support which was investigated to have low enforcement rate in the preceding research, for instance, intubation into trachea securing vein management by using automatic external defibrillator. To improve the qualitative level of rescue service in the fire fighting, it may be required to construct the environment that eliminates the mental burden of rescue members for legal responsibility.

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