LEGAL GAPS IN THE REGULATION OF TELEMEDICINE AND DISTANCE EDUCATION

Abstract

The article examines the legal gaps in the regulation of telemedicine and distance education that were revealed during the COVID-19 pandemic and the forced transition of medical and educational institutions to a remote format. The provisions of the Fundamentals of Ukrainian Legislation on Health Care of November 19, 1992, No. 2801-XII, regarding the definition of telemedicine as a set of actions, technologies and measures applied during the provision of medical care using remote communication, are analyzed and the problem of the absence of a legislative distinction between different forms of telemedicine activity (teleconsultation, remote patient consultation, telemonitoring, telerehabilitation) is identified, as well as the norms of the Law of Ukraine "On Improving the Accessibility and Quality of Medical Care in Rural Areas" of November 14, 2017, No. 2206-VIII, which introduced the legal foundations for telemedicine practice, and the Order of the Ministry of Health of Ukraine of October 19, 2015, No. 681, on the application of telemedicine. The legal regulation of distance education under the Law of Ukraine "On Education" of September 5, 2017, and the Law of Ukraine "On Complete General Secondary Education" of January 16, 2020, is examined, including problems of regulatory support for distance learning, the outdated nature of the 2013 Regulation on Distance Learning, unresolved issues of verification of learning outcomes and ensuring equal access to education in conditions of digital inequality between urban and rural regions. The problems of protecting the personal data of patients and students when using commercial video conferencing digital platforms that do not ensure an adequate level of confidentiality are identified, and the necessity of comprehensive improvement of the legal regulation of telemedicine and distance education taking into account the experience gained during the pandemic is substantiated.