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Georgia Finalizes New Telemedicine Practice Rules

The Georgia Composite Medical Board recently finalized a new amendment to its telemedicine practice standards. The purpose of the amendment was to address the use of technology as it relates to telemedicine, and clarify the Board’s position on the use of peripherals when conducting a patient examination via telemedicine. The amendment is effective September 28, 2020.

The Board made a slight change to Georgia Rules and Regulations Section 360-3-.07(3)(d) (“Practice Through Electronic or Other Such Means”), which enumerates three scenarios when a Georgia-licensed physician, physician assistant, or advanced practice registered nurse, may provide services via telemedicine without conducting a prior in-person examination. Under the revised rule, a Georgia-licensed practitioner can offer treatment and/or consultation recommendations via telemedicine if the practitioner is “able to examine the patient using technology or peripherals that are equal or superior to an examination done personally by a provider within that provider’s standard of care.”

The previous language of the rule used the phrase “technology and peripherals,” whereas the new language clarifies the practitioner can use technology or peripherals to conduct the patient examination. Practitioners must continue to adhere to the other requirements of the rule, and the applicable standard of care.

Georgia’s telemedicine rule was originally adopted in 2014, and established the minimum standards of practice while providing treatment and/or consultation recommendations through the use of telemedicine.

© 2020 Foley & Lardner LLPNational Law Review, Volume X, Number 295



About this Author

Sunny Levine Health Care Lawyer Foley Lardner

Sunny J. Levine is a health care lawyer with Foley & Lardner LLP, and member of the firm’s Telemedicine & Digital Health and Health Care Industry Teams working with hospitals and health systems, physician practice groups, and technology companies across the country. Sunny’s practice focuses on federal and state regulatory compliance and business issues in the health care industry. She also works with companies offering highly regulated consumer products, such as medical marijuana and alcohol beverages.

Telemedicine & Digital Health Experience

Sunny’s practice...

Nathaniel Lacktman, Health Care Attorney, Foley and Lardner Law Firm

Nathaniel (Nate) Lacktman is a partner and health care lawyer with Foley & Lardner LLP, and a Certified Compliance & Ethics Professional (CCEP). His practice focuses on health care compliance, counseling, enforcement and litigation, as well as telemedicine and telehealth. Mr. Lacktman is a member of the firm’s Health Care Industry Team which was named “Law Firm of the Year — Health Care Law” for three of the past four years on the U.S. News – Best Lawyers® “Best Law Firms” list.