43-34-31. Practice of medicine from foreign jurisdiction by electronic means; exceptions; patient records; confidentiality.

A person who is physically located in another state or foreign country and who, through the use of any means, including electronic, radiographic, or other means of telecommunication, through which medical information or data are transmitted, performs an act that is part of a patient care service located in this state, including but not limited to the initiation of imaging procedures or the preparation of pathological material for examination, and that would affect the diagnosis or treatment of the patient is engaged in the practice of medicine in this state. Any person who performs such acts through such means shall be required to have a license to practice medicine in this state or a telemedicine license issued pursuant to Code Section 43-34-31.1 and shall be subject to regulation by the board. Any such out-of-state or foreign practitioner shall not have ultimate authority over the care or primary diagnosis of a patient who is located in this state.#

This Code section shall not apply to:#

1. (1)

   The acts of a doctor of medicine or doctor of osteopathic medicine located in another state or foreign country who:#

   1. (A)

      Provides consultation services at the request of a physician licensed in this state; and#

   2. (B)

      Provides such services on an occasional rather than on a regular or routine basis;#

2. (2)

   The acts of a physician or osteopathic physician licensed in another state or foreign country who:#

   1. (A)

      Provides consultation services in the case of an emergency;#

   2. (B)

      Provides consultation services without compensation, remuneration, or other expectation thereof; or#

   3. (C)

      Provides consultation services to a medical school which is located within this state and approved by the board; or#

3. (3)

   The acts of a physician or osteopathic physician located in another state or foreign country when invited as a guest of any medical school or osteopathic medical school approved by the board or a state medical society or component thereof, for the sole purpose of engaging in professional education through lectures, clinics, or demonstrations, provided that such physician or osteopathic physician is licensed to practice medicine or osteopathic medicine in the state or foreign country in which he or she is located.#

This Code section shall not be construed to alter the scope of practice of any health care provider or authorize the delivery of health care services in a setting or in a manner not otherwise authorized by the laws of this state.#

All persons subject to the provisions of this Code section shall be required to comply with all applicable requirements of the laws of this state relating to the maintenance of patient records and the confidentiality of patient information, regardless of where such physician or health care provider may be located and regardless of where or how the records of any patient located in this state are maintained.#