Who Has the Right to Consult by Telemedicine
The lawful use of telemedicine in Georgia is governed by the special norms of the Law on Medical Practice, and the first point of compliance is subjective: under Article 90, only a subject of independent medical practice has the right to receive a medical consultation using telemedicine. This means that a model of remote consultation not led by a licensed physician does not count as lawful telemedicine.
The second and third parts of the same article reflect the architecture of responsibility: on the basis of a consultation received by telemedicine, the patient is given a recommendation only by a subject of independent medical practice, and responsibility for the results of the medical service rendered to the patient in this form lies precisely with the subject that directly issues the recommendation. A platform or a technological means is only a channel — the source of the clinical decision and the responsible party remains the physician.
In practical terms the subjective criterion is decisive in two situations. The first is the form of soliciting a consultation: where a service addresses the patient with an algorithmic or app-generated recommendation instead of a physician’s, it does not count as a lawful form of telemedicine, because the source of the recommendation is not a medical subject. The second is multi-stage service: where the consultation involves several specialists, the subject issuing the recommendation and bearing responsibility must be precisely identified in the documentation.
The Confidentiality of Patient Information
Article 91 regulates the second cornerstone of remote services — data protection. In the use of telemedicine means, the protection of the confidentiality of information about the patient is the duty of the subject of independent medical practice. The obligation of data security thus rests on the physician, and not only on the technical provider.
The law also defines the possibility of anonymity: at the patient’s request, data on his identity, state of health and private life may be transmitted by telemedicine anonymously. The practical consequence for platforms is clear: the system must technically support both identifiable and anonymous data flows, and the inability to meet this demand is already a defect of compliance, though its elimination is technically simple if the project provides for both regimes from the outset.
The Duties of Technical Personnel
Article 92 regulates the third link of the telemedicine chain — technical personnel. Technical personnel participating in the transmission of information by telemedicine means are prohibited from disclosing to the patient information about the consultation received; they are also obliged to protect the confidentiality of information about the patient’s state of health.
This norm concerns the organisational design of telemedicine services: engineers, operators and support staff who technically facilitate the transmission of the consultation find themselves under the risk of disclosure of medical secrecy. A compliance programme must therefore cover these persons as well, with instruction and appropriate internal rules describing their role in the chain of consultation precisely.
A Compliance Checklist for a Telehealth Service
The three blocks listed above together constitute the statutory minimum that a telehealth project must satisfy: the consultation is conducted and the recommendation issued only by a subject of independent medical practice; the protection of data about the patient is ensured by that subject, with the possibility of anonymous transmission; and the technical personnel operate under the norms of confidentiality. For applications and wearable devices this frame likewise remains unchanged — technology changes the channel but not the legal standard, and this must be reflected both in the user interface and in the internal procedures.
In assessing compliance, these three questions should be asked first: who issues the recommendation, how the system protects the data, and who has technical access to the system. The answers determine whether the service is a lawful form of telemedicine.
It is noteworthy that the law does not tie telemedicine means to any specific technological form: video consultation, telephone consultation or an exchange based on data transmission fall under the same regime. A compliance model must therefore be functional rather than formal — it does not lose force when the channel changes.
Frequently Asked Questions
Who may give a telemedicine consultation?
Under Article 90, only a subject of independent medical practice; it is the same subject that issues the recommendation and answers for the results.
May data be transmitted anonymously?
Yes. Under Article 91, at the patient’s request data on identity, health and private life may be transmitted anonymously.
What is prohibited for technical personnel?
Under Article 92, disclosure to the patient of information about the consultation received and breach of the confidentiality of health data.
How is a platform’s compliance assessed?
By three criteria: the subject of the consultation, the protection of data, and the regime of the technical personnel’s duties.
How We Help on Legal.ge
On Legal.ge we will assess your telehealth service’s compliance with all three blocks of the law, draft internal confidentiality rules and a model of instruction for technical personnel, and help you put the platform’s documentation in order. Contact our team before launching the service — correcting the model at the design stage costs many times less than after launch.