Little Health Law Blog
Our healthcare and business law firm advises many physicians and medical practices on compliantly using telemedicine to provide medical care to patients. Typically, the Federal Ryan Haight Act requires at minimum an in-person evaluation before prescribing controlled substances. Since the COVID-19 Pandemic, however, the Federal Drug Enforcement Administration (“DEA”) and the Health and Human Services Department (“HHS”) have permitted flexibility to that rule by allowing all DEA-registered practitioners to prescribe schedule II-V controlled substances via telemedicine. The COVID-era flexibilities have been scheduled to end many times now, but the DEA and HHS continue to extend the flexibilities. Most recently, the DEA and HHS issued the Fourth Temporary Extension of COVID-19 Telemedicine Flexibilities for Prescription of Controlled Medications, extending the flexibilities until December 31, 2026. For each extension thus far, the Georgia Medical Board has also permitted parallel flexibilities in Georgia. This post discusses the Georgia Medical Board’s current stance on telemedicine flexibilities for prescribing controlled substances. 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.
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.