Telemedicine: The UK regulatory landscape

The Care Quality Commission (CQC) is the regulator for healthcare providers in England (with corresponding bodies in the other UK nations) and requires that all service providers register with it to perform remote medical advice and meet the requirements of the Health and Social Care Act 2008. Telemedicine in the UK is, therefore, regulated in the same way as healthcare activities in a non-digital setting. Despite the lack of specific legislative provisions, a number of professional industry bodies have published their own high level guidance to healthcare professionals on the use of telehealth for virtual consultations. These include, for example, the Health & Care Professions Council, the Royal College of Surgeons of England, the Royal College of General Practitioners and the General Dental Council. In broad terms, a number of common themes emerge from the various guidance, including:

• adequate verification of a patient’s identity at the beginning of a consultation
• building rapport with patients and re-assuring them of the format, confidentiality and the efficacy of a virtual consultation
• recognising when a remote consultation may not be appropriate or where a follow-up face-to-face consultation may be necessary (e.g. where the patient’s circumstances, or the nature of the medicine/ treatment being prescribed, mean that a face-to-face consultation is needed to meet the patient’s needs effectively)
• detailed note taking during consultations to ensure that findings are captured and that any advice given is justified

Although this guidance is presently non-binding, the principles outlined nevertheless provide a useful framework for healthcare providers operating in this area and may form the basis of legislative requirements in the future.

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