Challenges to and Regulation of Telemedicine in South Africa

Abstract

Telemedicine is a component of the greater field of eHealth which entails the use of information communication technology for health and may be broadly understood as the provision of healthcare over distances making use of these information and communication technologies. Despite early resistance to telemedical practices, mHealth and eHealth have become omnipresent and as such the value of this form of healthcare service delivery can no longer be denied. However, medical service delivery cannot be unfettered and it is important that the implementation and practice of telemedicine be properly regulated. In order to do so, cognisance of the local environment and the specific challenges that the environment brings needs to be taken. Once the challenges are known, the appropriate remedies may be provided for in regulatory instruments. As such, this article attempts to identify the legal challenges posed to telemedicine in South Africa and to examine if, and if so, how these challenges are addressed by various regulatory instruments including legislation and ethical guidelines.