Georgia’s General Tele-Prescribing Rule

Georgia Rule 360-3-.02 defines Unprofessional Conduct to include: “Prescribing controlled substances . . . and/or dangerous drugs . . . for a patient based solely on a consultation via electronic means with the patient, patient’s guardian, or patient’s agent.”  As such, the general rule prohibits prescribing controlled substances via a telemedicine consult.

COVID-era Flexibilities

Since March 18, 2020, the Medical Board has permitted flexibility to this general rule mirroring what the DEA and HHS have done.  The telemedicine rules in Georgia were changing as of May 1, 2024, back to the pre-COVID rules.  However, at the Georgia Medical Board’s meeting on April 4, 2024, the Board voted to rescind that position.  Then, in December of 2024, the Medical Board once again renewed the extension through December 31, 2025.

Fourth Temporary Extension

Through the Fourth Temporary Extention, the DEA and HHAS once again extended its COVID-era exceptions through December 31, 2026.  As such, until December 31, 2026, a provider may prescribe Schedule II-V controlled substances under the federal rules via telemedicine as long as certain rules and requirements are followed.  Until now, the Georgia Medical Board has not published a response to the Fourth Temporary Extension, however, during its January 8, 2026 medical board meeting, the Georgia Medical Board once again agreed to mirror the federal telemedicine flexibilities. Specifically, here is what the Georgia Medical Board said:

Correspondence from GHA re: DEA Flexibilities for Telehealth Prescribing:

• The DEA has issued a fourth temporary extension of the federal telemedicine flexibilities for prescribing controlled substances, which is expected to be published in the Federal Register imminently.

• GHA has requested that the Board consider whether it intends to continue recognizing the federal approach, as it has done previously, to support continuity of care, patient access, and regulatory clarity while federal rulemaking remains ongoing.

Response: Dr. Norman made a motion, seconded by Dr. Marshall, to extend telemedicine flexibilities until the end of 2026 in alignment with the DEA and HHS.

If you would like to discuss using telemedicine in a medical practice or this blog post, you may contact our healthcare and business law firm at (404) 685-1662 (Atlanta) or (706) 722-7886 (Augusta), or by email, info@littlehealthlaw.com. You may also learn more about our law firm by visiting www.littlehealthlaw.com.

*Disclaimers: Thoughts shared here do not constitute legal advice nor do they form an attorney-client relationship.  All digital presentations by our firm or its attorneys are provided as a public informational resource.  Although intended to be correct and up to date as of the date posted, we cannot guarantee the accuracy of posted information, especially as it relates to individual situations.  We do not routinely update such information.  To determine up-to-date information about the subject matter of this information and proper application to a specific situation, it is important that you consult your healthcare attorney.  Our communications of information through the Internet shall not constitute “presence,” “doing business” or the practice of law in any location, even when a specific state or its laws/rules are referenced.  Our firm maintains offices in Georgia and no other state. Our attorneys are licensed in some, but not all, states.  For each client engagement we accept, our firm undertakes best efforts to ensure we are aware of and adhere to applicable jurisdictional requirements, which may include reviewing local rules, conducting relevant research and collaborating with, or referring a matter to, a local attorney. 

Some initial questions that should be answered when considering using telemedicine are:

1. Can a patient-provider relationship be established via telemedicine?
2. If so, does that require a synchronous, audio-visual visit?
3. If no, is an asynchronous tool, like a questionnaire or screening tool, sufficient to establish a patient-provider relationship?

Many states now permit a patient-provider relationship to be established via telemedicine, so that typically requires answering questions two and three.  Often, states use broader language about what a telemedicine visit must include for different situations. For instance, in California, to tele-prescribe, the provider must complete an “appropriate prior examination,” which may or may not include synchronous communication provided that the provider “complies with the appropriate standard of care.”  Ca. Business and Professions Code, Section 2242.  In Georgia, telemedicine is appropriate as long as the provider “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.”  Georgia Rule 360-3-.07(a).  This, however, still does not answer the question of what is required to establish the patient-provider relationship in the first place.  Once a patient-provider relationship is established, then an asynchronous tool may be appropriate under the standard of care depending on the circumstance.  But is that asynchronous tool sufficient to establish the relationship?

Fortunately for Georgia providers, the Georgia Composite Medical Board has provided its input on this topic.

For many years, the only information with the Georgia Medical Board meeting minutes on this topic was the following question and answer:

Aaron Chase, LLC: “As a practical matter, what does a doctor’s office need to do in order to establish a provider-patient relationship via telehealth?” For example, can the doctor’s office establish the relationship using an online questionnaire? Or is a real-time audio-visual (e.g. Zoom call) experience required? After discussion, the Board would like to refer to the existing rules concerning this matter (Rule 360-3-.07). Specifically, subsection (a)(3) addresses four scenarios for how a Georgia licensed physician, physician assistant, or advanced practice registered nurse would practice through electronic or other such means. https://rules.sos.state.ga.us/GAC/360-3-.07.

In September of 2025, the Medical Board further clarified its stance on this point, as follows:

Correspondence from Jackie Gomez, Life RX Telemed -Does GA law permit the use of asynchronous telehealth methods to establish a valid patient-provider relationship for prescribing non-controlled medications such as PDE5 inhibitors. If not, is synchronous audio-video consultation required?

Response: No, asynchronous telehealth does not meet requirements. Synchronous telehealth may be permitted. Please see Board Rule 360-3-.07 Practice through Electronic or Other Such Means.

The Georgia Medical Board made it clear that a patient-provider relationship cannot be established via asynchronous means.  This may require certain telehealth platforms to modify their business model.

If you would like to discuss using telemedicine in a medical practice or this blog post, you may contact our healthcare and business law firm at (404) 685-1662 (Atlanta) or (706) 722-7886 (Augusta), or by email, info@littlehealthlaw.com. You may also learn more about our law firm by visiting www.littlehealthlaw.com.

*Disclaimers: Thoughts shared here do not constitute legal advice nor do they form an attorney-client relationship.  All digital presentations by our firm or its attorneys are provided as a public informational resource.  Although intended to be correct and up to date as of the date posted, we cannot guarantee the accuracy of posted information, especially as it relates to individual situations.  We do not routinely update such information.  To determine up-to-date information about the subject matter of this information and proper application to a specific situation, it is important that you consult your healthcare attorney.  Our communications of information through the Internet shall not constitute “presence,” “doing business” or the practice of law in any location, even when a specific state or its laws/rules are referenced.  Our firm maintains offices in Georgia and no other state. Our attorneys are licensed in some, but not all, states.  For each client engagement we accept, our firm undertakes best efforts to ensure we are aware of and adhere to applicable jurisdictional requirements, which may include reviewing local rules, conducting relevant research and collaborating with, or referring a matter to, a local attorney.

(1) What qualifies as a “clinic”?

According to Fla. Stat. § 400.9905(4), “‘Clinic’ means an entity where health care services are provided to individuals and which tenders charges for reimbursement for such services, including a mobile clinic and a portable equipment provider.”  “Tenders charges for reimbursement” specifically refers to submitting claims to third-party payors (such as Medicare, Medicaid, or commercial payors).  If the practice is cash-only and does not bill to any third-party payors, then the practice does not qualify as a clinic and thus does not need licensure under the Health Care Clinic Act.  The Act also does not contemplate (i.e., specifically include or exclude) practices that only provide telehealth services, so it is important to consider with counsel whether a telehealth-only practice is considered a clinic under the Act.

(2) What exemptions are there to the licensure requirement?

Yes—there are 17 exemptions!  It is important to review the exemptions to see if any may apply to a specific clinic.  If the clinic owners are certain an exemption applies, the clinic does not technically have to submit for a license exemption; however, commercial payors may require a “Certificate of Exemption” from the Agency for Health Care Administration.  Some key exemptions are as follows:

(f) A sole proprietorship, group practice, partnership, or corporation that provides health care services by physicians covered by s. 627.419, that is directly supervised by one or more of such physicians, and that is wholly owned by one or more of those physicians or by a physician and the spouse, parent, child, or sibling of that physician.

(g) A sole proprietorship, group practice, partnership, or corporation that provides health care services by licensed health care practitioners under chapter 457 of the Florida Statutes [(acupuncture)], chapter 458 [(medical practice)], chapter 459 [(osteopathic medicine)], chapter 460 [(chiropractic medicine)], chapter 461 [(podiatric medicine)], chapter 462 [(naturopathy)], chapter 463 [(optometry)], chapter 466 ](dentistry)], chapter 467 [(midwifery)], chapter 480 [(massage therapy)], chapter 484 [(dispensing of optical devices and hearing aids)], chapter 486 [(physical therapy)], chapter 490 [(psychology)], chapter 491 [(social work, counseling and psychotherapy services)], or part I [(speech-language pathology and audiology)], part III [(occupational therapy)], part X [(dietetics and nutrition practice)], part XIII [(athletic trainers)], or part XIV [(orthotics, prosthetics and pedorthics)] of chapter 468, or s. 464.012 [(advance practice registered nurses)], and that is wholly owned by one or more licensed health care practitioners, or the licensed health care practitioners set forth in this paragraph and the spouse, parent, child, or sibling of a licensed health care practitioner if one of the owners who is a licensed health care practitioner is supervising the business activities and is legally responsible for the entity’s compliance with all federal and state laws;

Fla. Stat. § 400.9905(4).  Importantly, notwithstanding the exemptions, “an entity shall be deemed a clinic and must be licensed under this part in order to receive reimbursement under the Florida Motor Vehicle No-Fault Law, ss. 627.730–627.7405, unless exempted under s. 627.736(5)(h).”

If you would like to discuss properly structuring a health care services business or would like to discuss this blog post, you may contact our healthcare and business law firm at (404) 685-1662 (Atlanta) or (706) 722-7886 (Augusta), or by email, info@littlehealthlaw.com. You may also learn more about our law firm by visiting www.littlehealthlaw.com.

*Disclaimers: Thoughts shared here do not constitute legal advice nor do they form an attorney-client relationship.  All digital presentations by our firm or its attorneys are provided as a public informational resource.  Although intended to be correct and up to date as of the date posted, we cannot guarantee the accuracy of posted information, especially as it relates to individual situations.  We do not routinely update such information.  To determine up-to-date information about the subject matter of this information and proper application to a specific situation, it is important that you consult your healthcare attorney.  Our communications of information through the Internet shall not constitute “presence,” “doing business” or the practice of law in any location, even when a specific state or its laws/rules are referenced.  Our firm maintains offices in Georgia and no other state. Our attorneys are licensed in some, but not all, states.  For each client engagement we accept, our firm undertakes best efforts to ensure we are aware of and adhere to applicable jurisdictional requirements, which may include reviewing local rules, conducting relevant research and collaborating with, or referring a matter to, a local attorney. 

In states such as South Carolina, pharmacists are allowed to administer flu vaccines and other vaccines, such as the COVID-19 vaccine, without an order from a licensed provider. In 2025, the South Carolina Joint Pharmacist Administered Vaccines Committee revised its protocol for South Carolina pharmacists to administer vaccines. This blog covers two important takeaways that South Carolina pharmacists should consider before administering certain vaccines to customers. If you are concerned how this protocol affects you or would like to discuss this blog post, you may contact our healthcare law firm at (404) 685-1662 (Atlanta) or (706) 722-7886 (Augusta), or by email, info@littlehealthlaw.com. You may also learn more about our law firm by visiting www.littlehealthlaw.com.

First Takeaway: Pharmacists, Pharmacy Interns, and Pharmacy Technicians Must Meet Certain Requirements Before Administering Vaccines.

The protocol requires pharmacists, pharmacy interns, and certain pharmacy technicians to meet specific requirements before they can administer vaccines to customers, including licensing requirements, certification and training requirements, and continuing education requirements. Pharmacists, pharmacy interns, and certain pharmacy technicians must be certified to administer CPR and complete training about vaccine administration, informed consent, and management of adverse events and complications. The protocol has a list of approved programs for immunization training.

Second Takeaway: Pharmacist, Pharmacy Interns, and Pharmacy Technicians Have a Limited Number of Vaccines They Can Administer Without an Order from a Licensed Provider.

The protocol clarifies that pharmacists, pharmacy interns, and pharmacy technician, the last two under pharmacist supervision, can administer only a few vaccines without an order from a licensed provider. These vaccines include influenza, COVID-19, measles, mumps, rubella (MMR), RSV, pneumococcal pneumonia, etc. To administer these vaccines, pharmacists, pharmacy interns, and pharmacy technicians need to comply with protocol requirements, assess patient eligibility for the vaccines based on the protocol guidelines, and follow the vaccine’s packaging insert for dosing and administration information.

If you are concerned how this protocol affects you or would like to discuss this blog post, you may contact our healthcare law firm at (404) 685-1662 (Atlanta) or (706) 722-7886 (Augusta), or by email, info@littlehealthlaw.com. You may also learn more about our law firm by visiting www.littlehealthlaw.com.insurance or would like to discuss this blog post, you may contact our healthcare law firm at (404) 685-1662 (Atlanta) or (706) 722-7886 (Augusta), or by email, info@littlehealthlaw.com. You may also learn more about our law firm by visiting www.littlehealthlaw.com.

*Disclaimers: Thoughts shared here do not constitute legal advice nor do they form an attorney-client relationship.  All digital presentations by our firm or its attorneys are provided as a public informational resource.  Although intended to be correct and up to date as of the date posted, we cannot guarantee the accuracy of posted information, especially as it relates to individual situations.  We do not routinely update such information.  To determine up-to-date information about the subject matter of this information and proper application to a specific situation, it is important that you consult your healthcare attorney.  Our communications of information through the Internet shall not constitute “presence,” “doing business” or the practice of law in any location, even when a specific state or its laws/rules are referenced.  Our firm maintains offices in Georgia and no other state. Our attorneys are licensed in some, but not all, states.  For each client engagement we accept, our firm undertakes best efforts to ensure we are aware of and adhere to applicable jurisdictional requirements, which may include reviewing local rules, conducting relevant research and collaborating with, or referring a matter to, a local attorney. 

It Is Important to Review Your Participating Provider Agreements with Health Insurance Plans to See if They Allow Their Providers to Start Concierge Medicine Practices.

Before providers opt into networks with health insurance plans, they sign participating provider agreements with them to provide certain healthcare services to insured patients. These contracts contain various conditions and obligations, and some contracts have conditions about concierge medicine. Other health insurance plans, however, do not have a stance on concierge medicine. These conditions may require providers not to include covered services as part of their concierge membership fees, which could result in double billing, or not to restrict certain services or amenities to insured patients. Failure to comply with these conditions may cause a provider to breach a participating provider contract with a health insurance plan, which could result in termination of the participating provider agreement. You should review all the contracts you have with your health insurance plans to determine whether they have any restrictions about concierge medicine and what services can be offered and charged to patients that are insured by a health insurance plan.

If you need assistance setting up a concierge medical practice that accepts private insurance or would like to discuss this blog post, you may contact our healthcare law firm at (404) 685-1662 (Atlanta) or (706) 722-7886 (Augusta), or by email, info@littlehealthlaw.com. You may also learn more about our law firm by visiting www.littlehealthlaw.com.

*Disclaimers: Thoughts shared here do not constitute legal advice nor do they form an attorney-client relationship.  All digital presentations by our firm or its attorneys are provided as a public informational resource.  Although intended to be correct and up to date as of the date posted, we cannot guarantee the accuracy of posted information, especially as it relates to individual situations.  We do not routinely update such information.  To determine up-to-date information about the subject matter of this information and proper application to a specific situation, it is important that you consult your healthcare attorney.  Our communications of information through the Internet shall not constitute “presence,” “doing business” or the practice of law in any location, even when a specific state or its laws/rules are referenced.  Our firm maintains offices in Georgia and no other state. Our attorneys are licensed in some, but not all, states.  For each client engagement we accept, our firm undertakes best efforts to ensure we are aware of and adhere to applicable jurisdictional requirements, which may include reviewing local rules, conducting relevant research and collaborating with, or referring a matter to, a local attorney. 

First Consideration: Federal Fraud and Abuse Laws Can Prohibit Providers from Offering Discounts to Medicare Patients

Although providers may want to provide discounts to patients who are in financial need so patients can get the care they need, federal fraud and abuse laws prohibit certain kinds of discounts that may be seen as a way to induce patient referrals or steering patients to a particular provider. The Anti-Kickback Statute (“AKS”) prohibits providers from giving anything of value, including free or otherwise discounted services or a routine waiver of coinsurance/deductibles, to induce (or in return for) the purchase or order of any good or service that may be reimbursed by a Federal or state health care program (e.g., Medicare, Medicaid, TRICARE, etc.). The federal Civil Monetary Penalty Statute imposes fines against healthcare providers who gives or offers anything of value to a Medicare or other state health care program beneficiary (e.g., Medicaid) beneficiary that is reasonably likely to influence the beneficiary’s selection of a particular provider for the order or receipt of any item or service for which payment may be made by Medicare or a state healthcare program. Violating federal fraud and abuse laws can lead to severe penalties, including criminal penalties, civil penalties, or exclusion from Medicare.

Second Consideration: Federal Fraud and Abuse Laws Allow Certain Discount Arrangements That Must Meet Specific Requirements

Recognizing the need for certain discounts to exist, federal fraud and abuse laws permit certain discount arrangements, but these arrangements must follow strict requirements to be compliant. AKS contains several safe harbors that allow providers to offer certain discount arrangement, and the arrangement must satisfy every element of the safe harbor to be permissible. Safe harbor elements are very fact-intensive and require the expertise of an experienced healthcare attorney to ensure your arrangement falls within an AKS safe harbor.

The federal Civil Monetary Penalty Statute also allows for the waiver of copayment, coinsurance, and deductible amounts based on financial need if certain requirements are met, including that the provider determines in good faith that the patient is in financial need and waives the coinsurance and deductible amounts as a result, or the provider fails to collect coinsurance or deductible amounts after making reasonable collection efforts. AKS also has a safe harbor for waiving beneficiary copayment, coinsurance, or deductible amounts that also has fact-specific elements to satisfy to ensure the waiver of copayment, coinsurance, and deductible amounts does not violate AKS.

If you need assistance setting up a compliant arrangement to offer discounts to patients or would like to discuss this blog post, you may contact our healthcare law firm at (404) 685-1662 (Atlanta) or (706) 722-7886 (Augusta), or by email, info@littlehealthlaw.com. You may also learn more about our law firm by visiting www.littlehealthlaw.com.

*Disclaimers: Thoughts shared here do not constitute legal advice nor do they form an attorney-client relationship.  All digital presentations by our firm or its attorneys are provided as a public informational resource.  Although intended to be correct and up to date as of the date posted, we cannot guarantee the accuracy of posted information, especially as it relates to individual situations.  We do not routinely update such information.  To determine up-to-date information about the subject matter of this information and proper application to a specific situation, it is important that you consult your healthcare attorney.  Our communications of information through the Internet shall not constitute “presence,” “doing business” or the practice of law in any location, even when a specific state or its laws/rules are referenced.  Our firm maintains offices in Georgia and no other state. Our attorneys are licensed in some, but not all, states.  For each client engagement we accept, our firm undertakes best efforts to ensure we are aware of and adhere to applicable jurisdictional requirements, which may include reviewing local rules, conducting relevant research and collaborating with, or referring a matter to, a local attorney. 

Our healthcare law firm works with many healthcare providers who are applying for a new license with a medical board or who are renewing their current license with a medical board. A question that comes up is whether they need to disclose a criminal matter in their application. This blog covers two considerations that healthcare providers should consider when they potentially need to disclose a criminal matter on a licensing application. If you need assistance disclosing a criminal matter on a licensing application or would like to discuss this blog post, you may contact our healthcare law firm at (404) 685-1662 (Atlanta) or (706) 722-7886 (Augusta), or by email, info@littlehealthlaw.com. You may also learn more about our law firm by visiting www.littlehealthlaw.com.

First Consideration: Review the Questions in Your Licensing Application to Determine What Actually Needs to Be Disclosed.

Licensing application questions typically do not require healthcare providers to disclose every kind of offense, such as speeding tickets, but disclose certain kinds of offenses. Some questions require providers to disclose arrests, while other questions require providers to disclose convictions or guilty pleas but not arrests. Scrutinizing application questions is critical to ensure you are not inadvertently disclosing potentially harmful information that does not need to be disclosed.

Second Consideration: Review State Law and State Medical Board Regulations to Determine Whether Failing to Report a Criminal Matter Can Subject a Healthcare Provider to Discipline.

Healthcare providers licensed in any state are required to report certain matters to state medical boards on an ongoing basis. Each state has laws and regulations governing what criminal matters need to be reported to medical boards at any time. In Georgia, for example, physicians are required to report felony convictions to the Georgia Composite Medical Board within 10 days of the judgment but not arrests. Each state also has different timelines for reporting criminal matters, so it is important to review state laws and regulations to ensure you are complying with your reporting obligations. Failing to report certain criminal matters can subject healthcare providers to discipline from licensing boards for committing unprofessional conduct.

If you need assistance disclosing a criminal matter on a licensing application or would like to discuss this blog post, you may contact our healthcare law firm at (404) 685-1662 (Atlanta) or (706) 722-7886 (Augusta), or by email, info@littlehealthlaw.com. You may also learn more about our law firm by visiting www.littlehealthlaw.com.

*Disclaimers: Thoughts shared here do not constitute legal advice nor do they form an attorney-client relationship.  All digital presentations by our firm or its attorneys are provided as a public informational resource.  Although intended to be correct and up to date as of the date posted, we cannot guarantee the accuracy of posted information, especially as it relates to individual situations.  We do not routinely update such information.  To determine up-to-date information about the subject matter of this information and proper application to a specific situation, it is important that you consult your healthcare attorney.  Our communications of information through the Internet shall not constitute “presence,” “doing business” or the practice of law in any location, even when a specific state or its laws/rules are referenced.  Our firm maintains offices in Georgia and no other state. Our attorneys are licensed in some, but not all, states.  For each client engagement we accept, our firm undertakes best efforts to ensure we are aware of and adhere to applicable jurisdictional requirements, which may include reviewing local rules, conducting relevant research and collaborating with, or referring a matter to, a local attorney. 

Our healthcare and business law firm advises many medical practices on compliance matters.  One question our clients often ask us is how a medical practice can properly order, administer, and/or dispense medications to its patients.  When a mid-level provider (such as a nurse practitioner or physician assistant) is the practitioner on site who is prescribing and ordering, the rules are different from when a physician is on site prescribing and order.  This post discusses some considerations before a mid-level provider orders, administers, or dispenses drugs to patients in Georgia.  If you would like to discuss compliance considerations for your medical practice, you may contact our healthcare and business law firm at (404) 685-1662 (Atlanta) or (706) 722-7886 (Augusta), or by email, info@littlehealthlaw.com. You may also learn more about our law firm by visiting www.littlehealthlaw.com.

Although there is an ability for physicians to dispense to patients after notifying the medical board (Ga. R. & Regs. § 480-28), this does not extend to nurse practitioners or physician assistants.  The rules allowing “practitioners” in Georgia to dispense define a practitioner as “a person licensed as a dentist, physician, podiatrist or veterinarian . . .”; the definition does not include mid-level providers.  Additionally, under O.C.G.A. § 43-34-23, physicians can delegate to mid-level providers the ability to dispense dangerous drugs, but only in very specific work settings (such as a mid-level provider who works for the department of health or a non-profit organization (see O.C.G.A. 43-34-23(b)(2), (3)).   If those practice settings are not relevant, then only a physician may dispense from the practice.  In October 2025, the medical board also addressed the ability of nurse practitioners to bulk order testosterone for administering and/or dispensing and confirmed that nurse practitioners are “not [permitted] to order bulk drugs for office administration or practitioner dispensing.”  The board reinforced that nurse protocol agreements only allow nurse practitioners to prescribe but not to order bulk drugs. Here is another statement from the medical board in December 2025:

Question: Can an NP or PA purchase or otherwise procure controlled substances (Schedule II-V) directly using their own DEA registrations for the purpose of maintaining office stock to be administered or dispensed to patients at a later date? Does such procurement and dispensing authority need to be conducted under the  supervising/delegating physician’s DEA registration or under a facility DEA registration?

Response: Such practice is inappropriate and does not align with the laws of Georgia. O.C.G.A. § 43-34-25 authorizes prescriptive authority only, meaning the ability to write a patient-specific prescription that the patient can have filled in a pharmacy. This statute does not authorize midlevel/advanced practice providers to dispense drugs. In addition, this past October, the Board stated in response to a question regarding APRNs ordering bulk testosterone from 503B facilities that O.C.G.A. § 43-34-25 authorizes the delegation of prescriptive authority allowing an APRN to issue patient-specific drug orders, but not to order bulk drugs for office administration or dispensing.

In December of 2024, the Georgia medical board provided the following guidance:

O.C.G.A. § 43-34-23 only permits a physician to delegate the dispensing of dangerous drugs to a PA in very limited circumstances. If the PA is not working in one of the listed capacities, then they should not be dispensing. It is the physician’s responsibility to ensure they have reported to the Georgia Composite Medical Board that they intend to dispense from their office and that they and their PA/APRN are in full compliance with O.C.G.A. § 26-4-130, Board of Pharmacy Rule Chapter 480-28 Practitioner Dispensing of Drugs, and O.C.G.A. § 43-34-23.

If you would like to discuss compliance considerations for your medical practice, you may contact our healthcare and business law firm at (404) 685-1662 (Atlanta) or (706) 722-7886 (Augusta), or by email, info@littlehealthlaw.com. You may also learn more about our law firm by visiting www.littlehealthlaw.com.

*Disclaimers: Thoughts shared here do not constitute legal advice nor do they form an attorney-client relationship.  All digital presentations by our firm or its attorneys are provided as a public informational resource.  Although intended to be correct and up to date as of the date posted, we cannot guarantee the accuracy of posted information, especially as it relates to individual situations.  We do not routinely update such information.  To determine up-to-date information about the subject matter of this information and proper application to a specific situation, it is important that you consult your healthcare attorney.  Our communications of information through the Internet shall not constitute “presence,” “doing business” or the practice of law in any location, even when a specific state or its laws/rules are referenced.  Our firm maintains offices in Georgia and no other state. Our attorneys are licensed in some, but not all, states.  For each client engagement we accept, our firm undertakes best efforts to ensure we are aware of and adhere to applicable jurisdictional requirements, which may include reviewing local rules, conducting relevant research and collaborating with, or referring a matter to, a local attorney. 

First Consideration: Review the Questions in Your Licensing Application to Determine What Actually Needs to Be Disclosed.

Licensing application questions typically do not require healthcare providers to disclose every kind of offense, such as speeding tickets, but disclose certain kinds of offenses. Some questions require providers to disclose arrests, while other questions require providers to disclose convictions or guilty pleas but not arrests. Scrutinizing application questions is critical to ensure you are not inadvertently disclosing potentially harmful information that does not need to be disclosed.

Second Consideration: Review State Law and State Medical Board Regulations to Determine Whether Failing to Report a Criminal Matter Can Subject a Healthcare Provider to Discipline.

Healthcare providers licensed in any state are required to report certain matters to state medical boards on an ongoing basis. Each state has laws and regulations governing what criminal matters need to be reported to medical boards at any time. In Georgia, for example, physicians are required to report felony convictions to the Georgia Composite Medical Board within 10 days of the judgment but not arrests. Each state also has different timelines for reporting criminal matters, so it is important to review state laws and regulations to ensure you are complying with your reporting obligations. Failing to report certain criminal matters can subject healthcare providers to discipline from licensing boards for committing unprofessional conduct.

If you need assistance disclosing a criminal matter on a licensing application or would like to discuss this blog post, you may contact our healthcare law firm at (404) 685-1662 (Atlanta) or (706) 722-7886 (Augusta), or by email, info@littlehealthlaw.com. You may also learn more about our law firm by visiting www.littlehealthlaw.com.

*Disclaimers: Thoughts shared here do not constitute legal advice nor do they form an attorney-client relationship.  All digital presentations by our firm or its attorneys are provided as a public informational resource.  Although intended to be correct and up to date as of the date posted, we cannot guarantee the accuracy of posted information, especially as it relates to individual situations.  We do not routinely update such information.  To determine up-to-date information about the subject matter of this information and proper application to a specific situation, it is important that you consult your healthcare attorney.  Our communications of information through the Internet shall not constitute “presence,” “doing business” or the practice of law in any location, even when a specific state or its laws/rules are referenced.  Our firm maintains offices in Georgia and no other state. Our attorneys are licensed in some, but not all, states.  For each client engagement we accept, our firm undertakes best efforts to ensure we are aware of and adhere to applicable jurisdictional requirements, which may include reviewing local rules, conducting relevant research and collaborating with, or referring a matter to, a local attorney. 

Following the surrender of a DEA license, the registrant should immediately do two things:

1. Cease prescribing controlled substances, and
2. Determine to whom the provider must report the change in their DEA registration status.

Entities and agencies with whom a provider is credentialed likely require the provider to maintain a DEA registration and thus to report when the provider no longer has a DEA number.  Credentialing with government and commercial payors and hospitals is an involved process that typically requires that a provider be able to practice without limitation, both in providing care and prescribing.

As to government payors, such as Medicare, a provider no longer having a DEA registration is a change in enrollment that must be reported.  Failure to report can cause additional adverse effects.

As to commercial payors, surrendering your DEA registration is likely something the payor requires you to report.  When credentialing, the provider almost certainly had to attest that they have never been and are not the subject of an investigation or adverse action by a state or federal agency regarding the provider’s prescription of controlled substances.  The DEA investigation and ultimate surrender will require responding “yes” to this attestation, and the provider should determine how and when to provide the updated information.  If a provider uses a third-party service, like CAQH, to assist in credentialing with multiple insurers, that service likely has a frequent re-attestation process (like every 120 days) at which point the provider will have to re-attest to the required disclosures, however, there may be an ongoing duty to update the provider’s attestations within a short period of the surrender.

As to hospital credentialing, if a provider has privileges at a hospital, the credentialing requirements likely include that the provider must maintain an active and unrestricted DEA number.  The provider should consult the hospital’s requirements to determine when and how to report the DEA surrender.  The medical staff bylaws likely include this information and may require the provider to report the surrender to specific individuals, such as the CEO and/or Chief of Staff, within a short period of time (some say 7 days).  The hospital will promptly learn about the change in DEA status because the surrender will be reported to the National Practitioner Data Bank (“NPDB”), at which point, the hospital will likely start an investigation.

If you would like to discuss your options before voluntarily surrendering a license or registration or ideas to mitigate negative effects after voluntarily surrendering a license or registration, you may contact our healthcare and business law firm at (404) 685-1662 (Atlanta) or (706) 722-7886 (Augusta), or by email, info@littlehealthlaw.com. You may also learn more about our law firm by visiting www.littlehealthlaw.com.

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