Assembly panel passes bill for installing CCTVs in operating rooms

A revised bill of the Medical Service Act mandating surveillance cameras in hospital operating rooms has passed the review of the legislative subcommittee of the National Assembly’s Health and Welfare Committee.

The bill calls for installing CCTV cameras inside the operating room and shooting surgery scenes upon a patient’s request without audio. If the bill passes the parliament, it will take effect after two years of the grace period.

The legislative subcommittee of the National Assembly’s Health and Welfare Committee passed a revised bill of the Medical Service Act mandating surveillance cameras in hospital operating rooms.

The bill still has to go through the health and welfare committee, the legislation and judiciary committee, and the plenary session. However, as both the ruling and opposition parties reached an agreement six years after lawmakers proposed the bill six years ago, the bill is likely to get parliament approval swiftly.

The National Assembly’s health and welfare committee held the legislative subcommittee meeting on Monday morning. It passed the three amendments to the Medical Service Act, proposed by Rep. Kim Nam-guk, Rep. Ahn Gyu-back, and Rep. Shin Hyun-young of the ruling Democratic Party, with alternatives.

According to the alternatives that passed the subcommittee, CCTV cameras should be installed within operating rooms. When installing them, the central and the local government should provide necessary expenses.

If a patient or a patient’s guardian requests CCTV shooting in the operating room, surgeons cannot refuse to do so unless there is a justifiable reason.

Justifiable reasons include cases where if the operation is delayed, the patient's life is at risk, or emergency surgery is performed to prevent serious physical and mental disorders, and high-risk surgery that requires active measures to save the patient’s life. In addition, if there is a possibility that the CCTV shooting may impair the training of a trainee physician, the shooting can be refused.

Other reasons include those cited by the ordinance of the Ministry of Health and Welfare.

When shooting the surgery scene with CCTV cameras, the hospital cannot record the audio. However, if the patient and medical staff agree, the hospital can record the audio.

The bill also includes the criteria for opening and providing CCTV footage.

Viewing and providing the CCTV video is possible only when a criminal investigation has to be filed and maintained; when the court has to perform judicial duties as requested by an affiliated institution; when requested by the Korea Medical Dispute Mediation and Arbitration Agency to perform the relevant duties following the initiation of medical dispute mediation or arbitration procedures; and when the hospital obtained the consent of all information subjects, such as the patient and physicians participating in the relevant medical practice.

The bill allowed medical institution operators to charge patients for the cost of viewing the CCTV footage within limits set by the Health and Welfare Minister.

The bill contains penalty provisions for changing and damaging CCTV footage in the operating room.

A person who detects, leaks, falsifies, or damages CCTV information will face imprisonment up to five years and a fine of 50 million won ($42,626) at maximum. The penalty level is equivalent to that of the Personal Information Protection Act.

A person using CCTV footage for purposes other than those stipulated by the bill could also be punished with imprisonment up to five years, and a fine of 50 million won at maximum.

Hospitals that lost, leaked, or changed the CCTV footage in the operating room due to insufficient measures to ensure the safety of CCTV cameras will face up to two years of imprisonment and a fine of up to 20 million won.

Those who breach the installation and shooting duties will be fined 5 million won or less.

However, the amended act will take effect two years after promulgation.