On December 21, 2015, the Ministry of Health published the
Mexican Official Standard project PROY-NOM-036-SSA3-2015 ("NOM") for a
60-day public consultation period that expired on February 19,
2016. The NOM establishes procedures for medical personnel
providing remote medical attention and minimum requirements, and
infrastructure characteristics for establishments providing remote
medical attention.
The project was prepared in compliance with the provisions of
Article 32 of the Mexican General Health Law, which establishes
that in order to promote investment in telehealth and telemedicine
applications, the government must develop a legal framework to
ensure safety and efficiency in distant medical attention,
encourage use of communication technologies, and employ
communication as an instrument to reach the public health
objectives. Although a strict reading of the NOM could indicate
that the law may be enforced only in Mexico, the law appears to
apply only where both the consulting hospital and remote
physician/hospital meet NOM requirements.
Given the novelty of this issue and the increasing importance of
telehealth in Mexico, it is surprising that a definitive version of
the NOM (with related comments received during the public comment
period that ended in February 2016) has not yet been published.
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