One Month After the Nursing Act Repeal, Labor Pains Continue... Is Another Medical Sector Conflict Brewing?

KNA "Ministry of Health Should Maintain Neutrality and Clarify Scope of Work"
Conflict Expected in Medical Community Over Ruling Party's Push for 'Nurse Assistant Act'

Although the Nursing Act was repealed last May due to the president's request for reconsideration (veto), nurses' lawful protests against the failure to enact the bill continue. Nurses are urging the Ministry of Health and Welfare to maintain neutrality and resolve issues related to illegal medical practice orders.

The Korean Nurses Association (KNA) returned the licenses of 43,021 nurses nationwide on the 26th of last month as an apology demand and protest against Minister of Health and Welfare Cho Kyu-hong. The KNA claims that during the enactment process of the Nursing Act, the Ministry did not maintain neutrality and only represented the positions of the Hospital Association and the Medical Association.

Tak Young-ran, the 1st Vice President of the KNA and chairperson of the nurses' lawful protest task force (TF), said at a press conference that day, "Minister Cho Kyu-hong's actions seriously undermine the reason for the Ministry's existence and its meaning, raising concerns about his ability and expertise in performing his duties."

Vice President Tak Young-ran stated, "Since the Ministry of Health and Welfare has various stakeholders, it requires neutral performance of duties. However, the behavior during the Nursing Act process gives reasonable suspicion that it was not independent from political interests, thereby damaging the value of administrative independence."

Nurses affiliated with the Korean Nurses Association entered the Ministry of Health and Welfare building in Sejong City on the morning of the 26th to return their nursing licenses after holding a press conference in front of the Ministry of Health and Welfare at the Government Complex Sejong, condemning the Ministry for "spreading false information about the Nursing Act and tolerating illegal medical practices." [Image source=Yonhap News]

In particular, the KNA viewed that the Ministry has ignored the issue of PA nurses (Physician Assistant) without resolving it. Despite the widespread illegal medical orders such as proxy prescriptions and blood collection, which are outside the scope of nurses' licenses, the Ministry has not addressed these problems.

The KNA announced that it would report 81 medical institutions nationwide that forced nurses to perform illegal medical acts beyond their scope of work to the Anti-Corruption and Civil Rights Commission.

The Nursing Act was a bill that separated nursing-related content from the current Medical Service Act and specified nurse qualifications and improvements in treatment. Doctors and nursing assistant groups opposed the Nursing Act, claiming it contained toxic clauses such as allowing nurses to open clinics independently and restricting the educational background of nursing assistants. On the other hand, the KNA argued that the claim that the Nursing Act restricts nursing assistants' educational background is false and that the bill enhances nurses' rights.

After conflicts, the Nursing Act passed the National Assembly plenary session in April but was sent back for reconsideration due to President Yoon Seok-youl's veto and was ultimately repealed last May.

The People Power Party intends to pass an amendment to the Medical Service Act within the year instead. The bill proposed by Representative Lee Jong-sung of the People Power Party includes institutional support measures to improve the treatment of nurses and nursing assistants.

Nurses and related personnel affiliated with the Korean Nurses Association held a general rally on May 19 around Sejong-daero, Seoul, condemning President Yoon Seok-yeol's veto of the Nursing Act. Photo by Hyunmin Kim kimhyun81@

However, concerns have arisen that the inclusion of provisions related to the 'restriction on nursing assistants' educational background,' one of the flashpoints of the Nursing Act conflict, could trigger another conflict among medical professions.

Under the current Medical Service Act, graduates of specialized high schools or nursing academies are eligible to take the nursing assistant exam, but the amendment bill removes restrictions on eligibility for the nursing assistant exam. Additionally, it includes the establishment of university nursing assistant departments and other long-standing demands of nursing assistant groups, leading it to be called the so-called 'Nursing Assistant Act.'

The Ministry of Health and Welfare expressed deep regret over the KNA's collective action. In a statement released that day, the Ministry said, "The repealed Nursing Act is unrelated to the PA issue," and "We deeply regret that the Nurses Association is linking the PA issue to the repeal of the Nursing Act and using it as a means of collective action."

It added, "To resolve the PA issue, the government plans to form a consultative body from June, including field experts, the Nurses Association, health and medical organizations, and patient groups, to prepare institutional improvement measures. There is no legal basis for medical personnel to voluntarily return their licenses under the Medical Service Act, nor does the government have grounds to accept them. The Nurses Association's return of nurse licenses has no legal effect."

This content was produced with the assistance of AI translation services.