PACS pp 351-373 | Cite as

Legal Issues and Formal Policies

  • John J. Smith
  • Harry Zibners


The past decade has brought explosive growth in PACS technology, making large scale teleradiology an integral part of many radiology practices. This reality has left legislatures, the courts, and a wide variety of organizations that formulate healthcare policy scrambling to keep pace with an ever-changing practice environment. The result as a new century dawns is a patchwork of laws, courts decisions, and formal policies formulated by the American College of Radiology (ACR) and others that address a wide variety of issues relating to teleradiology. Some issues, such as the medical licensure and institutional credentials necessary to practice teleradiology in a given jurisdiction, are fairly well defined. However, the majority of legal and policy issues that confront this increasingly important aspect of radiology practice are unsettled or not even addressed, leaving a broad range of unanswered questions.


American Medical Association Legal Issue Health Care Financing Medical Malpractice Digital Revolution 
These keywords were added by machine and not by the authors. This process is experimental and the keywords may be updated as the learning algorithm improves.


Unable to display preview. Download preview PDF.

Unable to display preview. Download preview PDF.


42 USCA Section 1320a-7 (1998).

  1. Alberts v Devine, 479 N.E.2d 113 (Mass. 1985), cert. denied, 474 U.S. 1013 (1985). American College of Radiology: ACR Standard for Digital Image Data Management. Effective January 1, 1999. Reston, VA (1999a).Google Scholar
  2. American College of Radiology: ACR Standard for Teleradiology. Revised 1998; effective January 1, 1999. Reston, VA (1999b).Google Scholar
  3. American Medical Association: House of Delegates Resolution 117 (I-96). Interim Meeting. 1996.Google Scholar
  4. American Medical Association: Status Report on Telemedicine. Council on Medical Service Report 8-I-97. Chicago 1997.Google Scholar
  5. American Medical Association: The Promotion of Quality Telemedicine. Joint Report of the Council on Medical Education and Council on Medical Service, 1996. In: American Medical Association: Continuing Medical Education Resource Guide. Chicago, 1996.Google Scholar
  6. American Medical Association: The Promotion of Telemedicine. Quoting AMA Policies 410.973 and 410.987. American Medical Association. Chicago 1999a.Google Scholar
  7. American Medical Association: Policy 410:987[3]. American Medical Association. Chicago 1999a.Google Scholar
  8. Andrews, BW. Medical records liability. 6 Health Lawyer 11 (Summer 1992 ).Google Scholar
  9. Berger S, Cepelewicz BB. Medical legal issues in teleradiology. Ajr 166: 505–510, 1996.PubMedGoogle Scholar
  10. California Business and Professions Code. Section 2305 (1998a).Google Scholar
  11. California Business and Professions Code. Sections 2314, 2315 (1998b).Google Scholar
  12. Caryl CJ. Malpractice and other legal issues preventing the development of telemedicine. 12 Journal of Law and Health 173 (1998).Google Scholar
  13. Classification for Five Medical Image Management Devices: Final Rule. 63 Federal Register 43242 (April 29, 1998).Google Scholar
  14. Compuserve, Inc. v Patterson, 89 F.3d 1257 (6th Cir. 1996 ).Google Scholar
  15. Cuzmanes PT, Orlando CP. Automationof medical records: The electronic superhighway and its ramifications for health care providers. 6 Journal of Pharmacy and Law 19 (1997). Dent v. West Virginia. 129 U.S. 114 (1889).Google Scholar
  16. Federal Food, Drug and Cosmetic Act, Sec. 201. Codified at 21 USCA 321 (1999).Google Scholar
  17. Federation of State Medical Boards of the United States, Inc.: A Model Act to Regulate the Practice of Telemedicine or Medicine by Other Means Across State Lines, Executive Google Scholar
  18. Summary. Euless, TX (October 31, 1995).Google Scholar
  19. Goldberg AS, Gordon JF. Telemedicine: Emerging Legal Issues. American Health Lawyers Association. Washington, DC 1998.Google Scholar
  20. Hand v Tavera, 864 S.W.2d 678 (Ct. App. Tex. 1993 ).Google Scholar
  21. Health Care Financing Administration. Internet Security Polity. Washington, DC (November 24, 1998a).Google Scholar
  22. Health Care Financing Administration. Proposed Rule: Security and Electronic Signature Standards. 63 Federal Register 43242 (August 12, 1998b).Google Scholar
  23. International Shoe v Washington,326 U.S. 310 (1945).Google Scholar
  24. McKinney v Schlatter, 1997 WL 67702 (Ohio App. 12 Dist. 1997).Google Scholar
  25. NORCAL Mutual Insurance Co. Professional Liability Insurance Policy. Part III Exclusions, A-7. San Francisco 1997.Google Scholar
  26. North Carolina General Statutes. Section 90–18 (1998).Google Scholar
  27. Telemedicine Related Activities. Center for Devices and Radiological Health, U.S. Food and Drug Administration. Rockville, MD (July 11, 1996 ).Google Scholar

Copyright information

© Springer Science+Business Media New York 2002

Authors and Affiliations

  • John J. Smith
  • Harry Zibners

There are no affiliations available

Personalised recommendations