The Use of Drones in the Area of Minimizing Health Risk during the COVID-19 Epidemic

Journal of Intelligent & Robotic Systems (2022) 106:40 https://doi.org/10.1007/s10846-022-01729-7 REGULAR PAPER The Use of Drones in the Area of Minimizing Health Risk during the COVID‑19 Epidemic Esthera Justyna Król‑Całkowska1 · Daniel Walczak2 Received: 23 February 2022 / Accepted: 22 August 2022 / Published online: 30 September 2022 © The Author(s) 2022 Abstract Despite their general availability, drones are not currently widely used in emergency medicine, distribution of medication and other medical products, as well as in epidemiological emergencies, in which limiting interpersonal contact is crucial for minimizing the public health risk. Given the current epidemiological situation, it is pertinent to consider, whether implementing activities with the use of drones can significantly contribute to minimizing health risks, and whether such initiatives are acceptable in the light of applicable legal regulations. The main objective is supported by an analysis of the usefulness of applicable provisions, indicating the direction of possible changes in existing legal regulations. Additionally, the article aims to demonstrate the feasibility of drone use in activities related to combating epidemics, as well as to emphasize their practical importance. Reports on the commercial use of drones in the distribution of goods and services have also been used as material for comprehensive analysis. Simultaneously, the article also includes data on quantities of equipment available to healthcare units in Poland for saving life and health. The present work uses the method of analysis of applicable legal regulations, as a criterion for the usefulness of existing solutions in the area of improving the quality of medical services, including preventive measures and combating the effects of an epidemic. Keywords COVID-19 · Fighting epidemics · Protecting public health · Aviation law · Drones in medicine 1 Introduction Drones,1 also known as unmanned aerial vehicles (hereinafter: UAVs), may be used not only in military technology (mainly in armed combat) but also in civilian areas, most frequently for commercial purposes - such as sports competitions or individual use for photographing events and parties. Organizations and non-military security formations use drones to ensure security when assessing humanitarian crises, overseeing natural state borders, or during reconnaissance activities in particular situations, such as traffic accidents or sudden and potentially dangerous events occurring in hard-to-reach places, e.g. forests, mountains, caves. * Esthera Justyna Król‑Całkowska Daniel Walczak 1 Department of International and European Law, Lazarski University, Warsaw, Poland 2 Postgraduate Education Center, Medical University of Warsaw, Warsaw, Poland In the context of the present article, the authors refer to the feasibility of using drones for healthcare purposes, which should be understood as supporting healthcare activities, as provided for in Art. 2 clause 1 item 10 of Healthcare Institutions Law [1], distribution of medicines, medical devices, dressing materials and foodstuffs for particular nutritional purposes, supporting rescue operations conducted in connection with an emergency health threat within the meaning of art. 3 pt. 8 of the Act on the State Emergency Medical Services [2] and performing activities necessary in the area of the epidemiological threat or during the epidemic. In Polish law, the concept of epidemic threat has been defined in Art. 2 pt. 23 of the Act on preventing and combating infections and infectious diseases in humans (hereinafter referred to as UoZZ) [3], as “the legal situation introduced in a given area due to the risk of an epidemic, in order to take preventive actions specified in the Act”. Furthermore, according to Art. 2 pt. 9 of UoZZ, an epidemic should be 1 Drone - an aircraft without a pilot, controlled from the ground, used for taking photographs, dropping bombs, delivering goods, etc. – Oxford Learner’s Dictionary https://www.oxfordlearnersdictionaries. com/definition/english/drone_1?q=drone(retrieved: 09.02.2020). 13 Vol.:(0123456789) 40 Page 2 of 11 understood as “(...) occurrence of infections or infectious disease in a given area in a significantly greater number than in the preceding period; or occurrence of infections or infectious diseases previously not present”. In the current situation related to the spread of the SARS-CoV-2 virus, using drones may be an optimal solution, e.g. in the scope of fulfilling the obligation to inform about the rules of conduct during an increased risk of infection in a given area, or to provide information on the principles of prophylaxis during the epidemic. Eliminating direct contact of medical personnel with persons exposed to infection optimizes the prophylactic measures in public health protection. In the context of combating epidemics, drones can also be used to monitor quarantine compliance, which, according to Art. 2 Pt. 12 of UoZZ should be understood as “isolation of a healthy person who had been exposed to infection, in order to prevent the spread of particularly dangerous and highly contagious diseases”, as well as to ensure compliance with restrictions on movement and gatherings in public spaces. Advanced use of drones also contributes to diagnostic activities - i.e. monitoring elevated body temperature among people transiting through public areas. The issue of drone use in healthcare has already been tackled, also by other authors [4]. In the aforementioned publication, as well as in the present article, the authors deal with the legal and purpose-related aspects of drone use in healthcare and medical emergency systems. The vocabulary used in the present article is identical to the vocabulary contained in the legislative and regulatory provisions regulating issues related to drone use. The term “location” refers to the area of operation, and the term “flight” to flight operations. Name designations are used following the definitions contained in legal regulations, such as “first-person view operations”. In the context of the present work, the authors have intentionally omitted the provisions on the procedure for examining and training entities using drones (e.g. Announcement of the President of the Civil Aviation Authority regarding training programs to obtain a qualification certificate [5], Guidelines on conducting these training programmes [6], or the Ordinance on qualification certificates [7]), considering that the narrow thematic framework of this work does not allow for discussing topics not directly related to the legitimacy of using drones for healthcare purposes. 2 Material and Methods The present work analyzes the provisions of Polish law related to the possibility of using drones in the airspace for purposes of health protection, in its broadest sense. The above-mentioned provisions have been compared with the latest EU regulations, which refer to the use o (...truncated)