Between Flexibility and Accountability: Regulating Modern Healthcare Practice

The rise of digital technology has given birth to a flexible healthcare practice model, where medical professionals can provide services independently through on-demand or telemedicine platforms. This model enhances healthcare accessibility and efficiency, especially in urban and remote areas. However, alongside its benefits, flexible healthcare presents significant legal and ethical challenges that must be carefully addressed. 

From a legal perspective, the regulatory framework governing flexible medical practice is still evolving. Indonesia’s Law No. 17 of 2023 on Health and related Ministry of Health regulations have begun to accommodate digital healthcare services. Yet, there remain gaps concerning accountability, licensing, and data security standards for medical professionals operating independently. For instance, in teleconsultation, there is still no clear rule defining the extent of a doctor’s responsibility toward online patients compared to those treated in-person. 

Another pressing issue is cross-jurisdiction licensing. In digital healthcare, a doctor based in Jakarta might serve patients from other provinces—or even abroad. This raises a key question: under which jurisdiction does professional responsibility apply? Without clear guidance, legal disputes between patients and healthcare providers may arise. Thus, the government and professional bodies must establish cross-regional licensing mechanisms to ensure legal clarity in flexible practice. 

From an ethical standpoint, flexible healthcare introduces new dilemmas. Core medical principles such as patient confidentiality, professional objectivity, and safety must still be upheld even when services are provided remotely. However, virtual interactions can sometimes limit a practitioner’s ability to conduct a comprehensive diagnosis, increasing the risk of inaccurate medical decisions. Therefore, a digital medical ethics code should be developed to guide practitioners in maintaining integrity and accountability in virtual care. 

Flexible work systems also bring challenges related to working hours and conflicts of interest. Healthcare professionals who serve multiple platforms or projects risk overwork and ethical conflicts between patients, employers, and professional duties. Balancing flexibility with moral and ethical responsibility is becoming increasingly important in the modern healthcare ecosystem. 

Nevertheless, these challenges should not be seen as barriers to innovation. Instead, they present an opportunity to strengthen governance and ethical standards in healthcare. Collaboration among the government, professional organizations, and digital service providers is crucial to develop an adaptive legal framework that encourages innovation while safeguarding patient safety and professional integrity. 

Flexible healthcare practice represents the future of the medical industry. With clear legal frameworks and strong ethical foundations, this model can become a cornerstone of a more inclusive, efficient, and equitable healthcare system for all Indonesians.