Our healthcare law firm works with many providers and healthcare practices to assist them in complying with federal, state, and local laws. Several of our clients have asked if they can administer ketamine for off-label use, especially for treatment-resistant depression. Ketamine has started being administered in psychiatric practices and ketamine clinics, and states are starting to respond to the proliferation of these ketamine clinics.
On March 31, 2026, our firm wrote a blog post about a bill in the Georgia General Assembly that proposed to regulate ketamine clinics. On May 12, 2026, Georgia Governor Brian Kemp signed this bill, meaning the bill is set to become law on July 1, 2026, unless the bill gives another effective date for certain portions of it. This updated blog post discusses the new law that will regulate ketamine clinics. If you are planning to administer ketamine in your practice, would like to set up a ketamine clinic, 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.
The new law, House Bill 717 (HB 717), will regulate facilities that administer “psychedelic-assisted treatment and therapy,” which includes ketamine that is administered intravenously. “Psychedelic-assisted treatment and therapy” is defined as any treatment or therapy using psychedelic, dissociative, or other related substances that can produce hallucinations or other similar feelings. The new law will also cover other treatments similar to ketamine, including Spravato®. The Georgia Medical Board will be required to establish rules and regulations by no later than the end of 2026 that govern how ketamine is prescribed and administered in the clinic, what equipment and certifications are required for a clinic, and who can provide psychedelic-assisted treatment and therapy.
HB 717 also requires that, effective July 1, 2027, clinics will file for a two-year license with the Georgia Medical Board so the clinic can administer ketamine and other psychedelic-assisted treatment and therapy. It will also require these clinics to be owned only by physicians or certified registered nurse anesthetists (CRNAs), but this requirement will not apply to any existing clinic that is in existence and operational on July 1, 2026, and existing clinics will still need to comply with the other requirements in the new law. Licensed clinics will also have certain requirements, including executing an agreement with a nearby hospital to ensure there is backup for potential complications, and that patients can be transferred to that hospital if those complications arise.
The new law also limits who can administer ketamine and other psychedelic-assisted treatment and therapy to physicians with advanced airway management training; CRNAs under physician direction; anesthesiologist assistants under the direct supervision of a licensed anesthesiologist; nurse practitioners with airway management training, at least five years of clinical experience, with a nurse protocol agreement, and with express written Board approval; or physician assistants with airway management training, at least five years of clinical experience, with a job description, and with express written Board approval. Before the treatment is administered, the new law also requires the administering provider to review the prescription drug monitoring program and report the administration of any psychedelic-assisted treatment and therapy to the prescription drug monitoring program. HB 717 also provides criminal penalties for those who operate a clinic without a license, including imprisonment of 1-5 years or fines of $1,000-$5,000.
If you are planning to administer ketamine in your practice, would like to set up a ketamine clinic, 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.
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