网约护士的现实困境及法律探讨

The Practical Dilemma and Legal Discussion of Net-Appointed Nurses

随着我国步入老龄化社会,医养结合逐渐成为刚需,对行动不便的老人来说,可以上门的医疗服务可谓十分必要,这也催生了网约护士的到来。然而,网约护士存在很多现实困境,一是网约护士平台存在乱象;二是没有相关法规政策的支持,护士的上门服务就会游离在非法地带,同时也增加了执业风险;三是护士缺乏权利救济。笔者认为,要对网约护士平台作统一规范,从法律和政策上对护士多点执业进行肯定,并有限放开护士的处方权,从多方面对网约护士进行权利救济。

With China’s entry into an aging society,the combination of medical care and nursing for the elderly has gradually become a compelling need. For the elderly with mobility difficulties,it is necessary to have access to home medical services,which has led to the arrival of net-appointed nurses. However,there are many practical difficulties for net-appointed nurses. First,there is chaos on the online platform of appointment with nurses. Second,without the support of relevant laws and policies,the nurses’ home service will be conducted in the illegal zone,which also increases the risk of practicing the nursing profession. Third,the nurses lack the support for its legitimate right. The author concludes that the online platform of appointment with nurses should be unified and standardized,the multi-point practice of nursing profession should be affirmed by law and policy,the prescription rights should be partially given to nurses,and the legitimate rights of net-appointed nurses should be supported from multiple aspects.