The USA Journals Volume 03 Issue 05-2021
49
The American Journal of Political Science Law and Criminology
(ISSN
–
2693-0803)
Published:
May 30, 2021 |
Pages:
49-52
Doi:
https://doi.org/10.37547/tajpslc/Volume03Issue05-08
I
MPACT
F
ACTOR
2021:
5.
952
‘
ABSTRACT
This article analyzes the issues of digitalization and legal regulation of medical services. The concept
of digital medicine and its various definitions have been studied and attitudes have been expressed in
the provision of modern medical services. Conclusions and recommendations on the regulation of
digital medicine are given.
KEYWORDS
Law, digitalization of medicine, legal regulation, telemedicine, medical services, digital technology.
INTRODUCTION
The century of information and digital
technology are changing lifestyle, giving
various advantages to humanity. As a result
this,
new
concepts,
rules
and
legal
constructions are emerging in many areas.The
modern world today can not be imagined
without the Internet. The Internet has
undergone penetration into every sphere,
Issues Of Using And Legal Regulation Of Digital Technologies
In The Provision Of Medical Services
Jaloliddin Tuychiyevich Askarov
Lecturer And Independent Researcher At Tashkent State University Of Law, Uzbekistan
Copyright:
Original
content from this work
may be used under the
terms of the creative
commons
attributes
4.0 licence.
The USA Journals Volume 03 Issue 05-2021
50
The American Journal of Political Science Law and Criminology
(ISSN
–
2693-0803)
Published:
May 30, 2021 |
Pages:
49-52
Doi:
https://doi.org/10.37547/tajpslc/Volume03Issue05-08
I
MPACT
F
ACTOR
2021:
5.
952
family and society. In particular, the global
pandemic, which has been going on since the
beginning of 2020 year, has encouraged many
to work, read, serve online.
Including in the field of medicine, this process
has transformed faster than ever. This is
particularly evident in the successes and
failures of treatment modalities and in the
remote exchange of views on Covid-19 [1].
Concepts such as digitalization, the use of
digital technologies, the use of artificial
intelligence and nanotechnology are taking
place in our vocabulary in every field. Of
course, the speed of innovation and
technological processes is felt more in the
areas that directly serve mankind or make their
life easier.
This can be seen as an example in the field of
medical services.
The speed and quality of providing medical
services to the population is an important
factor in the digitization of medicine.
True, at first glance, not only in medicine, but
also in sports, jurisprudence, education and
other fields, there is of course an it, artificial
intelligence or Internet network that we
imagine when it comes to the issue of
digitalization and legal framework for its
application.
However, the high level of the human factor in
the provision of medical services, the fact that
life is given once for a person and requires a
serious attitude towards him, does not exclude
the determination of a certain limit, object,
legal solutions and a territory beyond the limits
of law to liability in the digitalization of
medicine.
Therefore, in the legal regulation of digitization
and surrounding processes, it is necessary to
take into account both the digitalization and
the specifics of other areas.
According to T.Y. Khabrieva and N.N.
Chernogor "Modern digital technologies serve
not only the formation of a new digital reality,
but also the formation of new methods of
production" [2].
In the digital economy itself, there are signs
that are important for the functioning of each
sphere. The most important issue is economic
relations related to the development of IT and
artificial intelligence. Digital technologies are
entering various segments of the economy,
including
banking,
retail,
energy,
transportation, education, media, health,
information and communication.
According to Russian scientists, “Digital
medicine is a system of scientific knowledge
and practical activities in the field of diagnosis,
treatment and prevention of disease,
information and communication technology-
based treatment and care of the physically and
mentally ill on the basis of a digital health
platform that maintains and strengthens
human health and ability to work, prolongs life,
as well as collects, maintains and develops a
system of scientific knowledge in medicine [3].
At first glance, this definition seems to cover all
aspects of medical care, but there is one-
sidedness in the definition given by scientists.
One-sidedness is more focused on disease
prevention and treatment alone.
Entrepreneurs claim that “digital medicine is a
product that undergoes rigorous clinical
testing and / or ultimately has a direct impact
on the detection, prevention, control, or
The USA Journals Volume 03 Issue 05-2021
51
The American Journal of Political Science Law and Criminology
(ISSN
–
2693-0803)
Published:
May 30, 2021 |
Pages:
49-52
Doi:
https://doi.org/10.37547/tajpslc/Volume03Issue05-08
I
MPACT
F
ACTOR
2021:
5.
952
treatment of disease” [4]. In this regard,
business entities equate the digitalization of
medicine to the product, focusing on the
prevention and treatment of diseases. By
Joseph C Kvedar, Alexander Fogel, Eric Elenko,
and Daphne Zohar, digital medicine is
considered a new type of most dynamic
interdisciplinary practice in terms of theory,
knowledge, technology, methodology and
innovation [5]. Digital medicine has been
making use of it products, as it has been
performing the latest paradigms and methods
of imaging and operating with the help of
robots in recent times.
In the above definition, the main features of
the natural and exact sciences are adapted to
modern development, in which I think it is
more accurate to say that it is a practical
approach to the digitalization of medicine,
rather than a legal boundary or regulation.
When it comes to statistics, digital innovation
has become a leading platform for global
economic growth.
It is estimated that Internet technology will
account for 22% of GDP growth in China by
2025, while digital technology in the US is
expected to grow by $ 1.6-2.2 trillion by 2025,
and the economic benefits of digitalization the
Russian economy by 2025. 4.1-8.9 trillion by the
year. [6].
Such high rates of economic growth and the
pace of technological processes are also
beneficial for our country. This was particularly
evident during the pandemic, when medical
services were provided online and offline. Paid
and free consultations in the form of
telemedicine are examples of this. The above
definitions of digital medicine by various
industry
representatives
are
general
definitions, not to limit or regulate industry
activities, and are important in legal regulation.
However, we do not think it is appropriate to
give a legal definition to the concept of digital
medicine and put a strict limit on it, because as
technological processes and the human factor
diminish, any definition can adapt to it. In
addition, a number of medical and technical
terms such as telemedicine, HealthNet,
HealthTech, eTibbiyot, eKarta are entering our
lives today.
In addition, it should be noted that the
importance of medical tourism today is
growing [7, pp. 79-80]. In particular, as medical
services become more sophisticated, today’s
technology regulations provide for the use of
digital technologies in this area and the
establishment of a legal order. This requires
the development of popular maps of areas
specializing in tourism and ensuring the quality
of the Internet in long areas [8, p. 23].
The emergence of new legal relationships
related to digital medicine also poses a number
of challenges to the legal field. Admittedly, the
technological capabilities of smartphones and
gadgets have evolved from the heartbeat to
what diseases are present in our div. Now
patients can easily find out their medical
problems without going to the hospital.
Therefore, first of all, it is necessary to
determine in the medical protocols what types
of medical services are digitized, programmed
and telemedicine.
Second, patient rights need to be guaranteed
even when using any form of medical services.
This process, in particular, needs to be defined
by a certain boundary between consulting a
specialist remotely and being present in front
The USA Journals Volume 03 Issue 05-2021
52
The American Journal of Political Science Law and Criminology
(ISSN
–
2693-0803)
Published:
May 30, 2021 |
Pages:
49-52
Doi:
https://doi.org/10.37547/tajpslc/Volume03Issue05-08
I
MPACT
F
ACTOR
2021:
5.
952
of a specialist, as the human factor can
endanger human life by failing to disclose
details requested by a doctor or concealing
them as a personal secret.
Third, it is necessary to provide a system for the
formation and electronization of patient
databases. Adequate facilities are needed,
especially for public health facilities. Fourth, we
consider it expedient to specify in the
forthcoming Civil Code and Healthcare Code
the issue of electronic document circulation,
the use of means of identification in the
conclusion of contracts, the consequences of
non-performance of obligations.
CONCLUSION
In
conclusion,
the
use
of
advanced
technologies in the provision of medical
services has become a mean of bringing the
weight of everyone, not only today, but light,
distances closer. In this process, it is necessary
to apply the mechanisms of legal regulation, on
the basis of which the relationship moving
from the usual to the electronic form should be
reconsidered. In creating legal framework, it is
advisable to take into account the scientific
and theoretical conclusions, the application of
general and specific principles of law.
REFERENCES
1.
https://kun.uz/news/2021/02/13/toshke
nt-tibbiyot-akademiyasida-
koronavirusga-aloqador-mavzuda-
xalqaro-konferensiya-bolib-otdi
2.
Хабриева Т.Я., Черногор Н.Н. Право в
условиях цифровой реальности//
Журнал российского права. 2018. № 1.
С. 85-102.
3.
Карпов О. Э., Субботин С. А.,
Шишканов Д. В., Замятин М. Н.
Цифровое
здравоохранение.
Необходимость
и
предпосылки
https://cyberleninka.ru/article/n/tsifrov
oe-zdravoohranenie-neobhodimost-i-
predposylki/viewer
4.
Elenko E, Underwood L, Zohar D. Nat
Biotechnol. 2015 May;33(5):456-61. doi:
10.1038/nbt.3222.
5.
Kvedar, J. C., Fogel, A. L., Elenko, E., &
Zohar, D. (2016). Digital medicine’s
march on chronic disease. Nature
Biotechnology,
34(3),
239–246.
doi:10.1038/nbt.3495
6.
Цифровая
Россия:
новая
реальность.Digital McKinsey. Москва,
2017.URL: https://www.mckinsey.com/
7.
Аскаров, Ж. (2020). ПРАВОВОЕ
РЕГУЛИРОВАНИЕ
И
СРАВНИТЕЛЬНЫЙ
АНАЛИЗ
ДЕЯТЕЛЬНОСТИ
СУБЪЕКТОВ
ПРЕДПРИНИМАТЕЛЬСТВА В СФЕРЕ
ОКАЗАНИЯ МЕДИЦИНСКИХ УСЛУГ В
ЗАРУБЕЖНЫХ СТРАНАХ. Review of
law sciences, 4(Спецвыпуск).
8.
Аскаров, Ж. Т. (2020). ТИББИЙ
ТУРИЗМНИ
Ҳ
У
Қ
У
Қ
ИЙ
ТАРТИБГА
СОЛИШ МО
Ҳ
ИЯТИ ВА ЎЗИГА ХОС
ЖИ
Ҳ
АТЛАРИ. ЖУРНАЛ ПРАВОВЫХ
ИССЛЕДОВАНИЙ, 5(8).
