Potential legal issues when caring healthcare robot with communication in caring functions are used for older adult care

Abstract

The issue of older adults’ care is becoming a serious concern in Japan, which has a rapidly aging population and a low birthrate. The development of robots is pushed forward as a measure to compensate for the healthcare worker shortage. The purpose of this paper is to consider the potential legal issues of caring healthcare robot (CHR) for older adults’ care. A CHR must recognize the speech, face, and presence of older adults, and make judgments and relay information based on acquired information. CHRs fulfill the caring function by being close to patients, to know them deeply, and to look after them. Therefore, communication functions by advanced artificial intelligence based on caring in nursing are essential for CHRs. The ability to maintain and improve the activities of daily living (ADL) of older adults is to facilitate activities through bidirectional information relay. Furthermore, without guarantees on the safety and ascription of responsibilities, the introduction of CHRs in clinical practice will not proceed. As laws differ from country to country, it is necessary to examine Japanese policies and related laws when using CHRs in Japan. Currently, there are no central rules on information security. In Japan, the law is made after a case has occurred; thus, dealing with novel issues as they occur will not have the benefit of legal guidance. Creating a broad legal framework or taking preventive measures at an early stage is needed. Therefore, as a first step, establishing guidelines for the use of CHRs will be valuable.