---
title: O.C.G.A. § 33-64-4. Pharmacy benefits manager shall not engage in the practice of medicine; recommended use of licensed physician.
collection: code
id: 33-64-4
cite_as: O.C.G.A. § 33-64-4 (2025)
canonical_url: https://georgiacommons.org/code/33-64-4
md_url: https://georgiacommons.org/code/33-64-4.md
text_url: https://georgiacommons.org/code/33-64-4/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t33-ch23-65-(v25)-2020-pdf.pdf?sfvrsn=68297_0#page=1096
date: 2025
status: active
corpus_version: 2025-supplement-89aa39ab3c68
license: CC0-1.0
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
up: https://georgiacommons.org/code/33-64.md
previous: https://georgiacommons.org/code/33-64-3.md
next: https://georgiacommons.org/code/33-64-5.md
index: https://georgiacommons.org/code/index.md
version: For effective date, see note.
in_force: true
current_through: Including Acts of the 2025 Regular Session of the General Assembly
heading_path: INSURANCE / REGULATION AND LICENSURE OF PHARMACY BENEFITS MANAGERS
---

# O.C.G.A. § 33-64-4. Pharmacy benefits manager shall not engage in the practice of medicine; recommended use of licensed physician.

(a) No pharmacy benefits manager shall engage in the practice of medicine, except as otherwise provided in subsection (b) of this Code section.

(b) Any physician employed by or contracted with a pharmacy benefits manager advising on or making determinations specific to a Georgia insured in connection with a prior authorization or step therapy appeal or determination review shall:

(1) Have actively seen patients within the past five years; and

(2) Have practiced in the same specialty area for which he or she is providing advisement within the past five years.

(c) For contracts and amendments entered into with a pharmacy benefits manager on and after July 1, 2021, the department is encouraged to require the use of a licensed Georgia physician for prior authorization or step therapy appeal or determination reviews.

## History

Code 1981, § 33-64-4, enacted by Ga. L. 2010, p. 757, § 1/SB 310; Ga. L. 2020, p. 768, § 3/HB 946; Ga. L. 2020, p. 780, § 3/SB 313.

## Code Commission Notes

Pursuant to Code Section 28-9-5, in 2020, ‘‘July 1, 2021’’ was substituted for ‘‘the effective date of this Act’’ in the middle of subsection (c).

## Editor's Notes

Ga. L. 2020, p. 768, § 9(a)/HB 946 and Ga. L. 2020, p. 780, § 9(a)/SB 313, not codified by the General Assembly, provide, in part, that the amendment by that Act shall apply to all contracts issued, delivered, or issued for delivery in this state on and after July 1, 2021.

## Delayed Effective Date

This Code section, as set out above, becomes effective July 1, 2021. For version of this Code section in effect until July 1, 2021, see the 2020 amendment note.

## The 2020 Amendments.

The first 2020 amendment, effective July 1, 2021, designated the existing provisions as subsection (a); added ‘‘, except as otherwise provided in subsection (b) of this Code section’’ at the end of subsection (a); and added subsections (b) and (c). The second 2020 amendment, effective July 1, 2021, made identical changes. See the Editor’s notes for applicability.