On December 9, 2019, the Georgia Composite Medical Board (the “Board”) proposed rules that set forth the State’s requirements for telemedicine licensure, a new licensure category established by Senate Bill 115. Senate Bill 115 amends the Medical Practice Act of the State of Georgia to allow a physician licensed by and physically located in another state to provide care to patients located within Georgia through telemedicine modalities.
The Board has proposed rule 360-2-.17 that establishes the requirements for physicians who wish to obtain a telemedicine license. Under the proposed rules, such physicians would need to meet the same requirements for licensure as physicians applying for a traditional medical license. These include meeting specific citizenship or immigration status prerequisites, providing evidence of good moral character, verifying licensure in other jurisdictions, providing evidence of having passed an approved examination and completed residency training, among other requirements. A physician with only a telemedicine license would be prohibited from practicing medicine physically within Georgia unless it was in response to an emergency. Medical records generated for telemedicine services would need to be maintained in compliance with the Board’s rules for medical record maintenance and retention. The practice of telemedicine would be subject to the Board’s professional conduct rules regarding the practice of medicine through electronic means. As with other Georgia medical licensees, physicians with a telemedicine license would be required to notify the Board of any restrictions on or revocations of licenses held in other states. Under the proposed rule, the issuance of a telemedicine license is subject to the Board’s discretion, but a denial of a license entitles the applicant to appear before the Board to be heard.
While the deadline for written comments was January 6, 2020, a public hearing will be held at 8:00 AM on January 9, 2020, at the Board offices located at 2 Peachtree Street, N.W., 6th Floor, Atlanta, Georgia 30303. Attendees will have the opportunity to provide comments and input into the proposed rules at this time.