Supreme Court: "Prescribing Prescription Drugs by Phone Without Prior Patient Meeting Violates Medical Law"

[Asia Economy Reporter Kim Hyung-min] The Supreme Court has ruled that a doctor prescribing prescription drugs over the phone without having previously examined the patient in person constitutes a violation of the Medical Service Act.

The Supreme Court's Second Division (Presiding Justice Park Sang-ok) overturned the lower court's acquittal in the appeal trial of Doctor A, who was charged with prescribing prescription drugs without proper examination (violation of the Medical Service Act), and remanded the case to the Seoul Western District Court on the 25th with a verdict indicating guilt.

The court stated, "A medical examination conducted solely through a phone call presupposes that the doctor has previously met and examined the patient in person and is already familiar with the patient's characteristics and condition. However, Doctor A never examined the patient face-to-face and did not know the patient's characteristics at the time of the phone call," explaining the reasoning.

In February 2011, Doctor A was prosecuted for prescribing prescription drugs such as Flutin Capsule, a weight loss medication, over the phone without directly meeting patient B at the request of an acquaintance.

The Medical Service Act stipulates that prescriptions must not be issued to patients unless the doctor has directly observed or examined them.

The first trial sentenced Doctor A to a fine of 1 million won, judging that the phone prescription was made without an in-person examination, based on the absence of hospital payment records for patient B.

On the other hand, the second trial acquitted Doctor A, ruling that phone prescriptions are possible if sufficient examination is conducted over the phone, even if the doctor did not meet the patient in person.

The court considered Doctor A’s testimony that he received detailed information about the patient’s name, pre-existing conditions, and symptoms over the phone from patient B, that they communicated more than twice, and that they spoke again before the medication was delivered, concluding that "Doctor A appears to have examined the patient via phone."

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