Issues Regarding Whether a Korean Medicine Doctor’s COVID-19 Rapid Antigen Test is an Unlicensed Medical Practice
무너진 재정의 잔해 속에서도, 새로운 삶을 향한 길은 법적 권리를 통해 열릴 수 있습니다.
The issue of whether a Korean medicine doctor’s COVID-19 rapid antigen test falls within their scope of authority has led to a legal dispute. A Korean medicine doctor has filed a lawsuit after being denied access to the COVID-19 information management system by the Director of the Korea Disease Control and Prevention Agency (KDCA). The argument raised is that the rapid antigen test does not constitute a legitimate medical practice under the Medical Service Act for Korean medicine doctors.
Legal Precedent and Guidelines from the Supreme Court
Recently, the Supreme Court’s Grand Panel addressed the issue of whether the use of ultrasound diagnostic equipment by Korean medicine doctors constitutes an unlawful medical practice under Article 27, Paragraph 1 of the Medical Service Act, which prohibits medical practices beyond the licensed scope of the medical profession. The Court established criteria, including: whether there is any regulation specifically prohibiting the use of such diagnostic equipment, the characteristics and required knowledge or expertise for its proper use, whether using it may pose health risks, and whether it is unrelated to Korean medicine's principles of practice (Supreme Court ruling 2016Do21314, December 22, 2022).
Rapid Antigen Tests: A Non-Exclusive Medical Practice
Based on these criteria, the rapid antigen test does not involve the use of diagnostic radiation devices or specialized medical equipment, and there is no legal provision specifically prohibiting Korean medicine doctors from conducting such tests. Moreover, it does not present health risks, and the rapid test kits are scientifically developed, making it unreasonable to limit their use exclusively to medical doctors.
The Need for Korean Medicine Doctors’ Involvement in COVID-19 Testing
Under the current Infectious Disease Control and Prevention Act, both medical doctors and Korean medicine doctors are required to report infectious diseases, and testing is therefore essential for Korean medicine doctors. Many Korean medicine doctors are already treating COVID-19 patients, including preparing and prescribing internal medicines for treatment.
Government’s Approval of Telemedicine and Testing
The government has already allowed telemedicine for medical doctors, dentists, and Korean medicine doctors in December 2020. Therefore, arguing that a Korean medicine doctor cannot perform a rapid antigen test for infection screening prior to treatment seems unconvincing.
Comparing Legal Authorization: Endotracheal Intubation vs. Rapid Antigen Testing
When considering that Korean medicine doctors are legally allowed to perform more complex procedures, such as endotracheal intubation, it is reasonable to argue that they should also be permitted to perform rapid antigen tests.
The Need for Fair Access to Health Testing
As the COVID-19 pandemic continues to escalate, rapid testing kits have been made available through pharmacies, prioritizing the protection of public health. Limiting the use of rapid antigen tests exclusively to medical doctors lacks persuasive support.
Discrimination and Legal Contradictions in the Medical Law
Although the government has allowed professional-grade rapid antigen tests in medical institutions that are not necessarily specialized in respiratory diseases, Korean medicine clinics are also considered medical institutions under the Medical Service Act. Excluding Korean medicine doctors from using rapid antigen tests constitutes discrimination and a contradiction within the law. This is particularly troubling given that Korean medicine colleges provide education and training on the use and operation of various diagnostic medical devices.
The Need for Cooperation Between Korean and Western Medicine
I believe that, in protecting the public’s health and safety, distinguishing between Korean and Western medicine is of little significance. It is unfortunate that there is no Korean medicine college at a national university, and that there is insufficient collaboration between Korean and Western medicine in diagnosing and treating diseases.
Advancements in Technology and the Need for Interdisciplinary Cooperation
With the rapid development of medical technologies such as AI, big data, robotic systems, and genetic analysis, it is no longer appropriate to divide the medical profession into distinct fields. Collaborative research and cooperation should be encouraged across disciplines.
Conclusion: A Call for Prompt Resolution
In light of the above, I hope that the ongoing lawsuit and the Court’s ruling will be decided quickly. Additionally, I urge the KDCA and the Ministry of Health and Welfare to resolve this issue through legislative action as soon as possible.
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