10 Tips For Complying With Georgia's Telemedicine Laws

On January 22, 2018, the Georgia House of Representatives adopted a Resolution recognizing telehealth as an important tool to improving access to health care in Georgia. One week later, the Georgia Senate recognized January 30, 2018, as Telehealth Day at the State Capitol. The Peach State clearly remains an enthusiastic pioneer in its use of telemedicine as a means of delivering health care.

This article is educational and not intended as legal advice. Practitioners should be watchful for changes in the law and interpretations in this emerging field. For deeper discussions on offering telemedicine services in Georgia, please consider attending the "Georgia Telehealth: 2018 Legal & Regulatory Update," a half-day educational program offered at the Global Partnership for Telehealth's 2018 Annual Telehealth Conference in Jekyll Island, GA on March 19-21, 2018.

Here are 10 tips when to consider when providing telemedicine services in Georgia:

Know the Licensing Requirements. Physicians providing services via telemedicine to patients located in Georgia must be licensed in Georgia. Licensing exemptions are available, such as the peer-to-peer consultation exception. Whichever approach best fits your needs, take time to properly know the legal landscape and requirements. Establish a Valid Provider-Patient Relationship. A valid physician-patient relationship may be established via telemedicine if, prior to the telemedicine encounter, the provider meets one of the following situations: The provider has personally seen and examined the patient (in-person) and provides ongoing or intermittent care by electronic or other such means; or The provider is providing medical care by electronic or other such means at the request of a physician, physician assistant or advanced practice registered nurse licensed in Georgia who has personally seen and examined the patient; The provider is providing medical care by electronic or other such means at the request of a Public Health Nurse, a Public School Nurse, the Department of Family and Children's Services, law enforcement, community mental health center or through an established child advocacy center for the protection for a minor, and the physician, physician assistant or advanced practice registered nurse is able to examine the patient using technology and peripherals that are equal or superior to an examination done personally by a provider within that provider's standard of care; or The provider is able to...