Purpose
Teleradiology is a telemedicine service,
which involves the electronic transmission of radiographic images from one geographical location to another for the purposes of interpretation and consultation (1,2,3).
Within the EU-funded cross-border telemedicine project Euroregion POMERANIA between 35 German and Polish hospitals prospective cross-border telemedicine concepts are developed to optimize regional patient healthcare.
Potential bilateral teleradiology scenarios in the border region of POMERANIA represent a win-win-situation for radiologically undersupplied populations in remote areas on both sides of the border.
Legal circumstances and professional obstacles in this...
Methods and Materials
Classification and characteristics of teleradiology in Germany are reviewed.
Factual and legal positions in the context of teleradiology services are investigated for the German and the Polish side,
both in the context of European Union law.
The data analysis comprises searching relevant medical (medline) and legal (eur-lex,
juris,
beck-online,
lexis,
lex,
legalis) literature databases as well as German and Polish law and healthcare law commentaries.
The legal review focusses on ionizing radiation protection regulations and professional law.
National regulations and requirements to perform teleradiology are...
Results
Justifying indication
Radiological examinations utilizing ionizing radiation in Germany require the justifying indication (= consideration of the radiation risk to the benefit of patient and population,
respectively) (6).
The justifying indication as stated by the teleradiologist is explicitly and exceptionally generated without direct contact to the patient (4,6).
On the other hand certified full-scale qualification in the field of diagnostics utilizing ionizing radiation is critical for the teleradiologist - so is the presence of a physician holding certified basic knowledge in the field of radiation...
Conclusion
In contrast to all other telemedicine services ionizing radiation protection may be of central importance performing teleradiology.
In the context of German-Polish cross-border teleradiology German regulations are more restrictive.
Besides facility- and physician-based ionizing radiation protection aspects,
which are most similar in both neighbouring countries,
strong emphasis on patient- and population-based radiation protection is specific for Germany.
Radiation protection regulations and consecutively professional law have to be harmonized to perform cross-border teleradiology.
Relevant issues of law applicability,
place of jurisdiction,
liability and reimbursement in the...
References
1.
Communication from the Commission to the European Parliament,
the Council,
the European Economic and Social Committee and the Committee on the Regions on telemedicine for the benefit of patients,
healthcare systems and society.
in: Commission of the European Communities,
Brussels: COM (2008) 689 final.
2.
Thrall JH.
Teleradiology.
Part I.
History and clinical applications.
Radiology.
2007 Jun; 243(3):613-7.
3.
Weisser G,
Walz M.
Grundlagen der Teleradiologie.
Radiologe.
2007 Mar; 47(3):267-76.
4.
Rosenberg C et al.
Medical and legal aspects of teleradiology in Germany.
Fortschr...