KMA uses COVID-19 as bargaining chip against legal amendment to revoke convicted physicians’ licenses

Posted on : 2021-02-22 16:28 KST Modified on : 2021-02-22 17:11 KST
Association threatens “general strike” despite exceptions for medically related acts and similar regulations applied to attorneys and other professionals
Minister of Health and Welfare Kwon Deok-cheol (right), Minister of Employment and Labor Lee Jae-kap and Minister of Culture, Sports and Tourism Hwang Hee (back left) attend a COVID-19 response meeting of the Central Disaster and Safety Countermeasures Headquarters at the Central Government Complex in Seoul on Feb. 21. (Yonhap News)
Minister of Health and Welfare Kwon Deok-cheol (right), Minister of Employment and Labor Lee Jae-kap and Minister of Culture, Sports and Tourism Hwang Hee (back left) attend a COVID-19 response meeting of the Central Disaster and Safety Countermeasures Headquarters at the Central Government Complex in Seoul on Feb. 21. (Yonhap News)

The Korea Medical Association (KMA) is threatening to halt cooperation with COVID-19 vaccinations to protest a possible amendment to the Medical Service Act.

The amendment, which would allow for revoking the licenses of physicians convicted of crimes carrying prison sentences, recently passed a review by the National Assembly Health & Welfare Committee.

But with similar terms applied to attorneys and other professionals, some observers argue that there is no basis for making healthcare professionals the only exception.

“If the amendment is approved by the National Assembly Legislation and Judiciary Committee, the system of cooperation on COVID-19 treatment and vaccinations will collapse,” KMA President Choi Dae-zip predicted on Feb. 21 at a second meeting of the joint physician-government COVID-19 vaccination committee.

The day before, the chairs of 16 metropolitan and provincial KMA branches had released a statement warning, “If the amendment is approved by the National Assembly Legislation and Judiciary Committee, we will launch a full-scale battle, including a general strike by physicians nationwide.”

On Feb. 19, the Health and Welfare Committee voted on bipartisan lines to approve the Medical Service Act amendment, which would extend the grounds for revoking physician licenses from its current standards — which include drug addiction, incompetency and license lending — to cases where individuals are convicted of crimes carrying prison sentences or harsher penalties.

The aim of the amendment is to restore the grounds for license revocation prior to their drastic reduction in a Medical Service Act amendment in 2000. Attorneys, chartered accountants and other professionals also face decertification and periods of suspension when convicted of crimes involving prison sentences.

But the amendment also allows license revocation to be waived in cases of accidental homicide and other acts committed in the course of medical activities, even when they carry prison sentences.

At a meeting of the Central Disaster and Safety Countermeasures Headquarters (CDSCH) on Feb. 21, Prime Minister Chung Sye-kyun said, “The interests of a particular profession cannot be placed above the lives and safety of the public.”

“If this is used as an excuse for illegal collective action, the government plans to respond sternly,” he added.

Appearing the same day on KBS, Minister of Health and Welfare Kwon Deok-cheol explained, “Over the five years from 2016 to 2020, an average of 30 to 40 [physicians] per year have received prison sentences or harsher punishments for severe crimes.”

He went to say the amendment was being pursued “in the interest of the public’s lives and safety, and to protect the majority of healthcare professionals from the very small minority who commit serious crimes.”

Kim Sung-joo, a Democratic Party lawmaker who serves as the Health and Welfare Committee’s secretary, said, “It’s only physicians who are able to treat patients without any restrictions even after [being convicted of] murder, violent crimes or sexual crimes.”

“Our aim is to avoid imposing excessive restrictions while correcting what may come across as special treatment compared with other professions,” he explained.

By Choi Ha-yan, staff reporter

Please direct comments or questions to [english@hani.co.kr]

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