The Legal Definition of Telemedicine
The Law on Medical Activity defines telemedicine as the distant provision of medical services, carried out by a professional of the medical field through information and communication technologies, aimed at exchanging information for the diagnosis, treatment and prevention of diseases, as well as for the continuing education of medical personnel, medical research and the evaluation of its results. This definition shapes the entire legal regime: who may be a subject of telemedicine, through which technologies, and for which purposes.
The definition embeds two directions — diagnosis-treatment and education-research. The first is patient-oriented and is the main focus of this page; the second serves the continuing development of medical personnel and scientific activity. In both cases the legal frame is uniform: the author of, and the person responsible for, the service is the professional, while the technology is only a means.
It matters that the law treats telemedicine within the framework of medical activity — it is not a separate profession but a form of medical service. All requirements applicable to medical activity therefore extend to telemedicine services: medical standards, ethical norms and qualification requirements.
Who Is Entitled to Conduct Telemedicine Consultations
Only a subject of independent medical activity has the right to receive a medical consultation using telemedicine. A recommendation to the patient on the basis of a consultation received through telemedicine may be given only by a subject of independent medical activity. Responsibility for the results of the medical service rendered to the patient in this form lies with the subject who directly issues the recommendation.
For the patient it is also important that the identity of the physician during the consultation is known and verifiable: the status of a subject of independent medical activity rests on a state certificate, so even in a remote service the qualification of the physician can be verified — the same protection an ordinary visit gives.
These norms underline the centre of responsibility: distance does not release the physician from liability and does not turn the platform into the true author of the service. For the patient, this means that a claim about the quality of the service will be directed precisely against the subject who issued the recommendation — not against the technical intermediary.
Confidentiality and Anonymity
When using telemedicine means, the protection of the confidentiality of information about the patient is the duty of the subject of independent medical activity. At the same time, at the patient's request, data on his identity, state of health and private life may be transmitted anonymously through telemedicine. The right to anonymity belongs to the patient, and the physician must respect that choice.
In practice, the confidentiality norm means that the channel of consultation — a video link, chat or file exchange — must be secure, and the data transmitted must not become accessible to third parties. A physician using an insecure channel risks legal as well as professional liability, since protecting information about the patient is precisely his duty.
The technical side is regulated as well: technical personnel participating in the transmission of information by telemedicine means are prohibited from disclosing to the patient information about the consultation received, and are obliged to protect the confidentiality of information about the patient's state of health. Two circles of confidentiality are thus drawn — the physician's and the technical personnel's — with one common aim.
Limits and Risks of Telemedicine
The law treats telemedicine as a supplementary rather than a substitutive form: only a subject of independent medical activity may give consultations, which excludes transferring the diagnostic function to platforms or personnel lacking medical qualifications. In cases of emergency medical care, telemedicine cannot replace a full clinical examination.
At the institutional level telemedicine is part of the Law on Medical Activity, which means that regulatory requirements and supervision operate in the same frame as ordinary medical services. This uniformity gives the market stability and gives the patient an equal expectation of service standards.
The patient's legal position is strong: responsibility for the results of the service is defined, confidentiality is protected, and anonymity is available. The remaining risks mainly concern quality control and documentation, so recording the results of the consultation and the written form of recommendations serve the patient's interest.
Frequently Asked Questions
Who may provide telemedicine services?
Only a subject of independent medical activity — a physician with the appropriate certificate and qualification. A platform or technical personnel do not hold that authority.
Who answers for the results of a telemedicine consultation?
The subject of independent medical activity who directly issues the recommendation to the patient.
Can data be transmitted anonymously?
Yes, at the patient's request — data on identity, health and private life may be transmitted anonymously by telemedicine.
What is prohibited for technical personnel?
Disclosing information about the consultation and leaving health data unprotected — they bear a duty of confidentiality.
How We Help on Legal.ge
The Legal.ge team assists both physicians in the legal organisation of telemedicine practice and patients in disputes over service quality. Contact us for a consultation.