Taking X-rays of 201 Patients Without a Medical Technician License
Court: “Cannot Conclusively Determine as Unlicensed Medical Practice”,
A recent court ruling has deemed it unfair to suspend a nursing assistant’s qualifications for taking X-rays under a doctor’s instructions without a medical technician license.
According to the legal community on the 17th, the Seoul Administrative Court’s Administrative Division 12 (Presiding Judge Kang Jae-won) recently ruled in favor of Kim, a nursing assistant, in a lawsuit against the Ministry of Health and Welfare to cancel the suspension of her license.
Kim was found to have taken X-rays of 201 patients without a medical technician license while working at a clinic in Hwaseong, Gyeonggi Province, between 2018 and 2019.
The doctor at the clinic, who instructed Kim to take the X-rays, was fined 1 million won in November 2022 for violating the Medical Technicians Act. However, considering that Kim was a first-time offender and acted on the doctor’s instructions, she received a suspension of indictment from the prosecution.
Subsequently, in December 2023, the Ministry of Health and Welfare notified Kim of a suspension of her license for 1 month and 15 days, claiming that she engaged in unlicensed medical acts.
Kim contested the decision by filing an administrative appeal, which was dismissed by the Central Administrative Appeals Commission. Consequently, Kim filed a lawsuit against the Ministry of Health and Welfare in court.
In court, Kim argued, “Even if taking X-rays is considered the work of a medical technician under the Medical Technicians Act, doctors in clinic settings can perform it as part of medical practice. Under Article 2 and the Enforcement Decree of the Medical Act, a nursing assistant can assist in medical treatment under a doctor’s guidance, so it is unreasonable to punish under the Medical Act.”
The court concluded that it could not determine Kim’s X-ray taking as an unlicensed medical act. The ruling stated, “There is no limit to doctors performing the duties of medical technicians, and if nursing assistants are involved as part of assisting in medical treatment, they can perform tasks typically done by medical technicians under the direction and supervision of a doctor.”
Furthermore, the court noted, “It is unclear if Kim exceeded a mere assisting role and engaged in primary medical activities during the X-ray process. The evidence presented by the Ministry of Health and Welfare is insufficient to prove that Kim conducted medical acts without a license, and there is no supporting evidence.”
Additionally, the court highlighted the inconsistency in the sanctions, noting that while the doctor received a 15-day suspension, Kim received a 1-month and 15-day suspension, which was disproportionate. The Ministry of Health and Welfare has appealed the decision as of January.