Laws on Telemedicine in Healthcare in Malaysia

Abstract

The development of telemedicine has transformed the landscape of healthcare delivery by enabling consultations, diagnoses, and treatments to be conducted remotely through digital platforms. In Malaysia, the Telemedicine Act 1997 was enacted to regulate such services. However, the lack of clear enforcement mechanisms has raised concerns regarding the effectiveness of the Act in addressing emerging legal and ethical issues. Accordingly, this article critically examines the legal framework governing telemedicine in Malaysia, with particular focus on medical negligence, patient confidentiality, informed consent, and jurisdictional issues. The absence of specific guidelines and weak legal enforcement has created regulatory gaps that may pose risks to both patients and medical practitioners, especially in the context of virtual consultations. Employing a qualitative methodology with a comparative legal approach, this study analyses relevant literature from selected foreign jurisdictions, namely Singapore and Australia, as useful reference points. The study further proposes legal reforms to strengthen the telemedicine regulatory framework in Malaysia, including updates to existing legislation, the introduction of specific telemedicine regulations, and the establishment of more effective enforcement mechanisms to ensure the delivery of safe, ethical, and sustainable digital healthcare services.

Keywords: Digital healthcare services, ethics, medical negligence, virtual healthcare, telemedicine, legal reform

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