Andrea Abascal Marín, partner of Jara Del Favero Abogados, participated as a panelist in the interesting webinar “Women in Latin America and the challenges of telemedicine”, which also gathered lawyers from Mexico, Colombia, Uruguay, Ecuador and Argentina, whose law firms are part of the International Bar Association (IBA).
Being the only representative of our country in the exhibition, the lawyers presented the regulations that govern this issue in each of their countries.
In the case of Chile, lawyer Andrea Abascal, explained that telemedicine is regulated through various health resolutions, which following the COVID-19 pandemic, have given origin to new guidelines on how to practice and regulate it, both in the public and private system. “In Chile there is a telehealth plan, linked to tele-education and teleassistance, which have been reinforced to ensure the proper functioning of the same,” stated Andrea Abascal.
When asked about how patients’ personal health data is handled, Andrea Abascal explained: “In Chile there is Law No. 19.628 that regulates the protection of patients’ personal data, elevating it to a sensitive category and limiting its treatment. To this effect, there are also conditions, such as having the proper authorization from the patient and protecting it in appropriate software, in order to ensure and maintain the confidentiality of such data”.
Regarding guidelines or requirements that regulate health professionals, Andrea Abascal emphasized that in Chile the most important thing is the use of secure platforms to maintain the confidentiality of such data, ensure the rights of patients and how to act in cases of telemedicine.
Another of the questions raised was the regulation of digital medical prescriptions, to which Andrea Abascal indicated: “In Chile it is regulated electronically. These medical prescriptions can be signed digitally, through an advanced and secure electronic system. Even though there have been important advances in this area, the issue of regulating digital prescriptions is something we must continue to work on,” she said.
Andrea Abascal Marín has been advising companies linked to the pharmaceutical, cosmetic, food, forestry, agricultural and biotechnology industries for a decade, as well as structuring businesses, due diligence processes, and mergers and acquisitions. She is also a permanent lawyer of national and international companies.