| (1) | No one may prepare and issue or dispatch (limited to an electronic prescription) a medical certificate, a report or certificate of postmortem examination, or a prescription 〔including a medical doctor's or dentist's prescription electronically prepared with a digital signature therein as defined in the Digital Signature Act (hereinafter referred to as "electronic prescription"); hereinafter the same shall apply〕to a patient (where a patient has died, referring to his/her spouse, one of his/her lineal ascendants or descendants or one of his/her spouse's lineal ascendants) or a public prosecutor in a district public prosecutors' office (limited to a postmortem examination report) who conducts a postmortem examination pursuant to Article 222 (1) of the Criminal Procedure Act, unless he/she is the medical doctor, dentist or oriental medical doctor, who engages in medical service and has given the medical treatment or conducted the postmortem examinations by him/herself (hereafter only in cases of a postmortem examination report, including medical doctors who work for any government agency responsible for postmortem examination in this paragraph): Provided, That such certificate or report may be issued for a patient without giving any other medical treatment, if the patient has died within 48 hours after his/her last medical treatment, while if the medical doctor, dentist or oriental medical doctor who has examined a patient or conducted a postmortem examination of the dead patient is unable to issue such certificate or report due to an inevitable cause or event, any other medical doctor, dentist or oriental medical doctor who works for the same medical institution, may issue such certificate or report based on the medical records of the patient. <Amended by Act No. 9386, Jan. 30, 2009> |