Cross-border telemedicine in Kazakhstan and foreign jurisdictions: a comparative legal analysis and prospects for legislative modernization

Abstract

The rapid development of telemedicine, particularly in the context of cross-border healthcare delivery, highlights the limitations of traditional legal frameworks based on the principle of territoriality. The aim of this study is to identify systemic gaps in the legal regulation of cross-border telemedicine in the Republic of Kazakhstan and to develop proposals for improving the relevant legislation, taking into account international experience. The methodological framework includes formal-legal, comparative-legal, and doctrinal research methods. The study analyzes the provisions of the Code of the Republic of Kazakhstan “On Public Health and the Healthcare System,” as well as relevant international legal instruments and foreign regulatory practices. The study identifies several systemic legal gaps in the regulation of cross-border telemedicine, including the absence of a statutory definition of cross-border telemedicine, insufficient regulation of foreign healthcare providers, fragmented legal protection of patients’ personal data, and the uncertain legal status of telemedicine platforms and artificial intelligence systems. The study substantiates priority directions for legal reform, including the institutionalization of telemedicine, the development of licensing mechanisms, and the creation of a comprehensive legal framework for integrating artificial intelligence into healthcare. The scientific novelty lies in the systematization of legal gaps and the development of proposals aimed at harmonizing national legislation with international standards.