Beijing Drafts Regulations for Internet Diagnosis and Treatment, Prohibits AI Prescriptions

The Beijing Municipal Health Commission has released the “Implementation Measures for Internet Diagnosis and Treatment Supervision in Beijing (Trial)(draft proposal)” and is soliciting public feedback from August 17 to September 16, 2023. This document outlines the supervision of online diagnosis and treatment activities by medical institutions in Beijing, aligning with the “Management Measures for Online Diagnosis and Treatment (Trial)” and “Management Measures for Internet Hospitals (Trial)”. The draft explicitly prohibits the online issuance of prescriptions using artificial intelligence (AI) technology.

Regulations for Internet Hospitals and Physician Qualifications
Internet hospitals in Beijing must be affiliated with physical medical institutions and are subject to annual verification. The urban health administrative departments are tasked with establishing an evaluation and exit mechanism for internet diagnosis and treatment activities. Physicians engaged in online diagnosis and treatment must possess the required professional qualifications, have at least three years of independent clinical work experience, and obtain consent from their registered medical institution. They must also have multiple institutional records or practice registrations.

Authentication and Record-Keeping Requirements
Physicians are required to undergo real-name authentication before providing medical consultations to ensure in-person service provision. The impersonation or replacement of doctors by other personnel or AI software in providing diagnosis and treatment services is strictly prohibited. Internet medical records must be managed according to outpatient electronic medical record regulations and retained for at least 15 years. Process records such as graphic dialogues, audio, and video materials must be kept for no less than three years.

Prescription Management and Legal Responsibilities
Medical institutions conducting internet diagnosis and treatment activities must adhere to the “Prescription Management Measures” and other regulations, strengthening drug management. Prescriptions must be issued by the attending physician and can only be effective after pharmacist review and approval. The use of AI or other automatic prescription generation is strictly prohibited. Prescription drugs must be sold, dispensed, and used with a doctor’s prescription, and it is prohibited to provide medication before prescribing. It is also prohibited to conduct prescription statistics for commercial rebate purposes.

Internet hospitals with a “Medical Institution Practice License” that are independently established shall bear legal responsibilities in accordance with the law. Physical medical institutions using internet hospitals as their secondary names also bear legal responsibilities in accordance with the law.

Scope of Regulation
Medical institutions providing medical and health information services beyond diagnosis and treatment activities to patients through internet diagnosis and treatment platforms, such as medical navigation, registration and appointment, report inquiry, public welfare live streaming, literature provision, etc., shall be implemented in accordance with relevant national regulations and are not within the scope of this regulation.-Fineline Info & Tech

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