Legal & Ethical Do’s and Don’ts in Teleconsultation – What Every Doctor Must Know
Teleconsultation offers convenience and wider reach—but only when done right. As a medical professional, it’s your responsibility to follow the law while also maintaining ethical and safe care standards.
This article simplifies the legal and ethical boundaries you must follow as per the Telemedicine Practice Guidelines, 2020 issued by the Ministry of Health & Family Welfare, India.
Let’s break it down.
✅ Legal & Ethical Do’s for Doctors
1. Identify the Patient Clearly
Before starting the consultation, ask for:
Full Name
Age
Gender
Contact details (phone or email)
If the patient is a minor or represented by someone (like a parent or caregiver), note their name and relationship.
2. Take Consent Before Starting
If the patient initiates the consult, consent is implied.
If someone else initiates on behalf of the patient, explicit consent is needed.
(You can record audio/video or get a simple message like “I consent to consult with Dr. X via teleconsultation.”)
3. Use Only Registered Platforms or Secure Channels
Use platforms that allow:
Audio/video/text consultation securely
Safe storage of records
E-prescription generation
Avoid consulting through open social media (Instagram DMs, Facebook chats, etc.)
4. Prescribe Only Allowed Medicines
As per guidelines:
List O: Safe OTC drugs – can be prescribed anytime (e.g., ORS, paracetamol)
List A: Can be prescribed on first video/audio consultation with the patient
List B: For follow-up consultations only
Prohibited List: No prescribing allowed. This includes Schedule X, narcotics, and habit-forming drugs like:
Morphine
Codeine
Diazepam
🚫 NEVER prescribe from the prohibited list in a teleconsultation.
5. Keep Records for Every Consult
Always maintain:
Consultation notes
Consent (if explicit)
Prescription copies
Any medical records or lab reports shared
🗂️ Keep records safely for at least 3 years.
6. Write Proper E-Prescriptions
Your prescription should include:
- Doctor’s name, qualification, registration number
- Patient’s name, age, gender
- Medicine name, dose, frequency, duration
- Special instructions
- Date and signature (digital or scanned)
7. Refer or Escalate When Needed
If you feel:
- You can’t make a diagnosis without physical examination
- It is an emergency or complicated case
❌ Legal & Ethical Don’ts
1. Do Not Treat Emergencies via Teleconsultation
🛑 If the patient is:
Breathless
Unconscious
Bleeding heavily
In labor
You must immediately advise hospital visit. Teleconsultation is not allowed for emergency medical care.
2. Don’t Prescribe Without Speaking to the Patient
You must have an audio or video interaction with the patient (or authorized caregiver).
🚫 Do not prescribe just based on a forwarded message or WhatsApp text.
3. Don’t Hide Your Identity
Always tell the patient:
Your name
Qualification
Registration number
Clinic/hospital or platform name
This builds trust and keeps you legally safe.
4. Don’t Share Patient Data Carelessly
🔒 Respect patient privacy at all times.
Don’t share any audio, video, or records publicly
Use only secure apps for communication and storage
5. Don’t Mislead with Guarantees or Promotions
❌ Never promise cure or guaranteed results in teleconsultation.
❌ Avoid using misleading advertising (e.g., “fastest cure,” “100% results”) – this is unethical and may attract penalties.
🚨 Consequences of Violating Guidelines
Medical license may be suspended or cancelled
Legal action under IPC or IT Act
Patient complaints or lawsuits
Loss of reputation
🩺 Please remember!
Teleconsultation is a safe and legal method of practice in India — only if done correctly. The Telemedicine Guidelines are here to protect both doctors and patients.
By following these simple dos and don’ts, you:
Stay compliant with the law
Protect yourself from medico-legal risks
Offer safe, ethical care to your patients
Let’s use technology the right way — to heal more people without compromising safety.