Bill bans remote narcotics and hair loss drug prescriptions

DUR check mandatory

Rep Sun-min Kim, “Under current telemedicine, DUR checks prevent doctors from prescribing government-banned drugs.”

Bill also regulates telemedicine platforms—rebates and inducements to specific providers prohibited

A partial amendment to the Medical Service Act was introduced in the National Assembly on the 16th, mandating that physicians check the Drug Utilization Review (DUR) system when prescribing via telemedicine.

 

The rule applies to high-risk drugs such as narcotics, psychotropics, anti-obesity drugs like Wegovy, hair loss treatments, and isotretinoin acne drugs that are prone to misuse.

 

The bill stipulates that physicians must confirm the DUR system when prescribing any drugs designated by the Ministry of Health and Welfare as prohibited for telemedicine.

 

Violations will result in administrative fines of up to KRW 3 million.

 

Rep.

 

Sunmin Kim (Rebuilding Korea Party), who proposed the bill as representative, explained, “In telemedicine, physicians cannot prescribe government-banned drugs once they check DUR at the time of prescription.

 

This legislation codifies the existing safeguard into law.” If enacted, the bill is expected to close loopholes where telemedicine could otherwise be exploited as a channel for prescribing high-risk, non-reimbursed drugs.

 

The bill amends Article 18-2 (“Confirmation of Drug Information”) of the Medical Service Act, adding a clause requiring physicians and dentists providing telemedicine to check DUR before issuing prescriptions or dispensing medicines themselves.

 

Terminology adjustments include renaming “telemedicine” (Article 34) to “non-face-to-face cooperative care,” while defining “telemedicine” in a new Article 34-2.

 

The definition covers patient monitoring, consultation, education, diagnosis, and prescribing using computers, laptop computers, video conferencing, outside of medical institutions.

 

Also, the bill limited telemedicine subjects to returning patients, residents in medically underserved regions (islands, remote areas), inmates in correctional facilities and military personnel, and patients eligible for proxy prescription pickup.

 

Effectively, first-time patients cannot use telemedicine unless under special circumstances, being restricted access to telemedicine.

 

Specifically, for patients eligible for limited initial telemedicine, the Minister of Health and Welfare can now legally prescribe the types of medications that cannot be prescribed and set appropriate prescription durations, thereby establishing legal safeguards to prevent adverse effects from initial remote consultations.

 

Also.

 

the MOHW minister may designate specific disease groups requiring non-face-to-face telemedicine consultations via video communication for clear diagnosis.

 

Patients with burns are expected to fall under this category.

 

The bill also newly establishes provisions for telemedicine platforms, specifying the authority and responsibilities of the platform industry within the Medical Service Act.

 

To provide or operate a non-face-to-face medical care intermediary platform, one must report to the Minister of Health and Welfare according to standards set by the Minister of Health and Welfare.

 

Compliance requirements for telemedicine platforms are also newly established as separate provisions, and platform management and supervision standards are included in the law.

 

The bill prohibits platforms from interfering with a physician's medical judgment, encouraging the misuse or abuse of medical services or pharmaceuticals, or engaging in acts that undermine healthcare order or harm patient health.

 

Specifically, telemedicine platforms shall not arrange, induce, or instigate collusive acts as defined by the Pharmaceutical Affairs Act.

 

Platforms must not, either directly or through third parties, introduce, arrange, or lure patients or individuals holding prescriptions to specific medical institutions, medical practitioners, pharmacies, or pharmacy owners/employees, and in return, provide, demand, or promise money, goods, benefits, labor, entertainment, or other economic advantages, nor receive such from medical institutions or similar entities.

 

Platforms are also prohibited from inducing users to recommend or select specific medical institutions or pharmacies.

 

Platforms are required to report quarterly to the Minister of Health and Welfare on the number of users of telemedicine platforms and the medical specialties involved, for the purpose of surveying the status of such telemedicine intermediaries.

 

The Minister of Health and Welfare may order platforms to provide necessary data for this purpose.

 

Additionally, platforms must submit quarterly reports to the MoHW on telemedicine use, including number of users and medical departments involved.

 

The Minister may also request further data as needed.

 

If platforms violate service standards or fail to comply with corrective orders, the Minister may restrict or suspend facility or equipment use.

 

Non-compliance with such orders can result in license cancellation or suspension of business operations for up to one year.

 

These provisions establish legal grounds for cancellation of platform registrations and suspension of operations in cases of regulatory breaches.