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New Jersey

Counselors

Source

45:1-62  Provision of health care through use of telemedicine , telehealth; requirements for provider.

  “ 2. a. Unless specifically prohibited or limited by federal or State law, a health care provider who establishes a proper provider-patient relationship with a patient may remotely provide health care services to a patient through the use of telemedicine .  A health care provider may also engage in telehealth as may be necessary to support and facilitate the provision of health care services to patients.

 

   b.   Any health care provider who uses telemedicine or engages in telehealth while providing health care services to a patient, shall:  (1) be validly licensed, certified, or registered, pursuant to Title 45 of the Revised Statutes, to provide such services in the State of New Jersey; (2) remain subject to regulation by the appropriate New Jersey State licensing board or other New Jersey State professional regulatory entity; (3) act in compliance with existing requirements regarding the maintenance of liability insurance; and (4) remain subject to New Jersey jurisdiction if either the patient or the provider is located in New Jersey at the time services are provided.

 

   c. (1) Telemedicine services shall be provided using interactive, real-time, two-way communication technologies.

 

   (2)   A health care provider engaging in telemedicine or telehealth may use asynchronous store-and-forward technology to allow for the electronic transmission of images, diagnostics, data, and medical information; except that the health care provider may use interactive, real-time, two-way audio in combination with asynchronous store-and-forward technology, without video capabilities, if, after accessing and reviewing the patient's medical records, the provider determines that the provider is able to meet the same standard of care as if the health care services were being provided in person.

 

   (3)   The identity, professional credentials, and contact information of a health care provider providing telemedicine or telehealth services shall be made available to the patient during and after the provision of services.  The contact information shall enable the patient to contact the health care provider, or a substitute health care provider authorized to act on behalf of the provider who provided services, for at least 72 hours following the provision of services.

 

   (4)   A health care provider engaging in telemedicine or telehealth shall review the medical history and any medical records provided by the patient.  For an initial encounter with the patient, the provider shall review the patient's medical history and medical records prior to initiating contact with the patient, as required pursuant to paragraph (3) of subsection a. of section 3 of P.L.2017, c.117 (C.45:1-63).  In the case of a subsequent telemedicine or telehealth encounter conducted pursuant to an ongoing provider-patient relationship, the provider may review the information prior to initiating contact with the patient or contemporaneously with the telemedicine or telehealth encounter.

 

   (5)   Following the provision of services using telemedicine or telehealth, the patient's medical information shall be made available to the patient upon the patient's request, and, with the patient's affirmative consent, forwarded directly to the patient's primary care provider or health care provider of record, or, upon request by the patient, to other health care providers.  For patients without a primary care provider or other health care provider of record, the health care provider engaging in telemedicine or telehealth may advise the patient to contact a primary care provider, and, upon request by the patient, assist the patient with locating a primary care provider or other in-person medical assistance that, to the extent possible, is located within reasonable proximity to the patient.  The health care provider engaging in telemedicine or telehealth shall also refer the patient to appropriate follow up care where necessary, including making appropriate referrals for emergency or complimentary care, if needed.  Consent may be oral, written, or digital in nature, provided that the chosen method of consent is deemed appropriate under the standard of care.


   d. (1) Any health care provider providing health care services using telemedicine or telehealth shall be subject to the same standard of care or practice standards as are applicable to in-person settings.  If telemedicine or telehealth services would not be consistent with this standard of care, the health care provider shall direct the patient to seek in-person care.”

 

Telemedicine and Telehealth Organization Registry
N.J. Admin. Code § 8:53-2.1

Social Workers

Source

45:1-62  Provision of health care through use of telemedicine , telehealth; requirements for provider.

  “ 2. a. Unless specifically prohibited or limited by federal or State law, a health care provider who establishes a proper provider-patient relationship with a patient may remotely provide health care services to a patient through the use of telemedicine .  A health care provider may also engage in telehealth as may be necessary to support and facilitate the provision of health care services to patients.

 

   b.   Any health care provider who uses telemedicine or engages in telehealth while providing health care services to a patient, shall:  (1) be validly licensed, certified, or registered, pursuant to Title 45 of the Revised Statutes, to provide such services in the State of New Jersey; (2) remain subject to regulation by the appropriate New Jersey State licensing board or other New Jersey State professional regulatory entity; (3) act in compliance with existing requirements regarding the maintenance of liability insurance; and (4) remain subject to New Jersey jurisdiction if either the patient or the provider is located in New Jersey at the time services are provided.

 

   c. (1) Telemedicine services shall be provided using interactive, real-time, two-way communication technologies.

 

   (2)   A health care provider engaging in telemedicine or telehealth may use asynchronous store-and-forward technology to allow for the electronic transmission of images, diagnostics, data, and medical information; except that the health care provider may use interactive, real-time, two-way audio in combination with asynchronous store-and-forward technology, without video capabilities, if, after accessing and reviewing the patient's medical records, the provider determines that the provider is able to meet the same standard of care as if the health care services were being provided in person.

 

   (3)   The identity, professional credentials, and contact information of a health care provider providing telemedicine or telehealth services shall be made available to the patient during and after the provision of services.  The contact information shall enable the patient to contact the health care provider, or a substitute health care provider authorized to act on behalf of the provider who provided services, for at least 72 hours following the provision of services.

 

   (4)   A health care provider engaging in telemedicine or telehealth shall review the medical history and any medical records provided by the patient.  For an initial encounter with the patient, the provider shall review the patient's medical history and medical records prior to initiating contact with the patient, as required pursuant to paragraph (3) of subsection a. of section 3 of P.L.2017, c.117 (C.45:1-63).  In the case of a subsequent telemedicine or telehealth encounter conducted pursuant to an ongoing provider-patient relationship, the provider may review the information prior to initiating contact with the patient or contemporaneously with the telemedicine or telehealth encounter.

 

   (5)   Following the provision of services using telemedicine or telehealth, the patient's medical information shall be made available to the patient upon the patient's request, and, with the patient's affirmative consent, forwarded directly to the patient's primary care provider or health care provider of record, or, upon request by the patient, to other health care providers.  For patients without a primary care provider or other health care provider of record, the health care provider engaging in telemedicine or telehealth may advise the patient to contact a primary care provider, and, upon request by the patient, assist the patient with locating a primary care provider or other in-person medical assistance that, to the extent possible, is located within reasonable proximity to the patient.  The health care provider engaging in telemedicine or telehealth shall also refer the patient to appropriate follow up care where necessary, including making appropriate referrals for emergency or complimentary care, if needed.  Consent may be oral, written, or digital in nature, provided that the chosen method of consent is deemed appropriate under the standard of care.


   d. (1) Any health care provider providing health care services using telemedicine or telehealth shall be subject to the same standard of care or practice standards as are applicable to in-person settings.  If telemedicine or telehealth services would not be consistent with this standard of care, the health care provider shall direct the patient to seek in-person care.”

 

Telemedicine and Telehealth Organization Registry
N.J. Admin. Code § 8:53-2.1

Marriage and Family Therapists

Source

45:1-62  Provision of health care through use of telemedicine , telehealth; requirements for provider.

  “ 2. a. Unless specifically prohibited or limited by federal or State law, a health care provider who establishes a proper provider-patient relationship with a patient may remotely provide health care services to a patient through the use of telemedicine .  A health care provider may also engage in telehealth as may be necessary to support and facilitate the provision of health care services to patients.

 

   b.   Any health care provider who uses telemedicine or engages in telehealth while providing health care services to a patient, shall:  (1) be validly licensed, certified, or registered, pursuant to Title 45 of the Revised Statutes, to provide such services in the State of New Jersey; (2) remain subject to regulation by the appropriate New Jersey State licensing board or other New Jersey State professional regulatory entity; (3) act in compliance with existing requirements regarding the maintenance of liability insurance; and (4) remain subject to New Jersey jurisdiction if either the patient or the provider is located in New Jersey at the time services are provided.

 

   c. (1) Telemedicine services shall be provided using interactive, real-time, two-way communication technologies.

 

   (2)   A health care provider engaging in telemedicine or telehealth may use asynchronous store-and-forward technology to allow for the electronic transmission of images, diagnostics, data, and medical information; except that the health care provider may use interactive, real-time, two-way audio in combination with asynchronous store-and-forward technology, without video capabilities, if, after accessing and reviewing the patient's medical records, the provider determines that the provider is able to meet the same standard of care as if the health care services were being provided in person.

 

   (3)   The identity, professional credentials, and contact information of a health care provider providing telemedicine or telehealth services shall be made available to the patient during and after the provision of services.  The contact information shall enable the patient to contact the health care provider, or a substitute health care provider authorized to act on behalf of the provider who provided services, for at least 72 hours following the provision of services.

 

   (4)   A health care provider engaging in telemedicine or telehealth shall review the medical history and any medical records provided by the patient.  For an initial encounter with the patient, the provider shall review the patient's medical history and medical records prior to initiating contact with the patient, as required pursuant to paragraph (3) of subsection a. of section 3 of P.L.2017, c.117 (C.45:1-63).  In the case of a subsequent telemedicine or telehealth encounter conducted pursuant to an ongoing provider-patient relationship, the provider may review the information prior to initiating contact with the patient or contemporaneously with the telemedicine or telehealth encounter.

 

   (5)   Following the provision of services using telemedicine or telehealth, the patient's medical information shall be made available to the patient upon the patient's request, and, with the patient's affirmative consent, forwarded directly to the patient's primary care provider or health care provider of record, or, upon request by the patient, to other health care providers.  For patients without a primary care provider or other health care provider of record, the health care provider engaging in telemedicine or telehealth may advise the patient to contact a primary care provider, and, upon request by the patient, assist the patient with locating a primary care provider or other in-person medical assistance that, to the extent possible, is located within reasonable proximity to the patient.  The health care provider engaging in telemedicine or telehealth shall also refer the patient to appropriate follow up care where necessary, including making appropriate referrals for emergency or complimentary care, if needed.  Consent may be oral, written, or digital in nature, provided that the chosen method of consent is deemed appropriate under the standard of care.


   d. (1) Any health care provider providing health care services using telemedicine or telehealth shall be subject to the same standard of care or practice standards as are applicable to in-person settings.  If telemedicine or telehealth services would not be consistent with this standard of care, the health care provider shall direct the patient to seek in-person care.”

 

Telemedicine and Telehealth Organization Registry
N.J. Admin. Code § 8:53-2.1

Psychiatrists

Source

45 :1-62  Provision of health care through use of telemedicine, telehealth; requirements for provider.

 “  2. a. Unless specifically prohibited or limited by federal or state law, a health care provider who establishes a proper provider-patient relationship with a patient may remotely provide health care services to a patient through the use of telemedicine.  A health care provider may also engage in telehealth as may be necessary to support and facilitate the provision of health care services to patients.

   b.   Any health care provider who uses telemedicine or engages in telehealth while providing health care services to a patient, shall:  (1) be validly licensed, certified, or registered, pursuant to Title 45 of the Revised Statutes, to provide such services in the State of New Jersey; (2) remain subject to regulation by the appropriate New Jersey State licensing board or other New Jersey State professional regulatory entity; (3) act in compliance with existing requirements regarding the maintenance of liability insurance; and (4) remain subject to New Jersey jurisdiction if either the patient or the provider is located in New Jersey at the time services are provided.

   c. (1) Telemedicine services shall be provided using interactive, real-time, two-way communication technologies.”

   “(2)   A health care provider engaging in telemedicine or telehealth may use asynchronous store-and-forward technology to allow for the electronic transmission of images, diagnostics, data, and medical information; except that the health care provider may use interactive, real-time, two-way audio in combination with asynchronous store-and-forward technology, without video capabilities, if, after accessing and reviewing the patient's medical records, the provider determines that the provider is able to meet the same standard of care as if the health care services were being provided in person.”

  “ (3)   The identity, professional credentials, and contact information of a health care provider providing telemedicine or telehealth services shall be made available to the patient during and after the provision of services.  The contact information shall enable the patient to contact the health care provider, or a substitute health care provider authorized to act on behalf of the provider who provided services, for at least 72 hours following the provision of services.”

   “(4)   A health care provider engaging in telemedicine or telehealth shall review the medical history and any medical records provided by the patient.  For an initial encounter with the patient, the provider shall review the patient's medical history and medical records prior to initiating contact with the patient, as required pursuant to paragraph (3) of subsection a. of section 3 of P.L.2017, c.117 (C.45:1-63).  In the case of a subsequent telemedicine or telehealth encounter conducted pursuant to an ongoing provider-patient relationship, the provider may review the information prior to initiating contact with the patient or contemporaneously with the telemedicine or telehealth encounter.”

  “ (5)   Following the provision of services using telemedicine or telehealth, the patient's medical information shall be made available to the patient upon the patient's request, and, with the patient's affirmative consent, forwarded directly to the patient's primary care provider or health care provider of record, or, upon request by the patient, to other health care providers.  For patients without a primary care provider or other health care provider of record, the health care provider engaging in telemedicine or telehealth may advise the patient to contact a primary care provider, and, upon request by the patient, assist the patient with locating a primary care provider or other in-person medical assistance that, to the extent possible, is located within reasonable proximity to the patient.  The health care provider engaging in telemedicine or telehealth shall also refer the patient to appropriate follow up care where necessary, including making appropriate referrals for emergency or complementary care, if needed.  Consent may be oral, written, or digital in nature, provided that the chosen method of consent is deemed appropriate under the standard of care.”

  “ d. (1) Any health care provider providing health care services using telemedicine or telehealth shall be subject to the same standard of care or practice standards as are applicable to in-person settings.  If telemedicine or telehealth services would not be consistent with this standard of care, the health care provider shall direct the patient to seek in-person care.”

   “(2)   Diagnosis, treatment, and consultation recommendations, including discussions regarding the risk and benefits of the patient's treatment options, which are made through the use of telemedicine or telehealth, including the issuance of a prescription based on a telemedicine or telehealth encounter, shall be held to the same standard of care or practice standards as are applicable to in-person settings.  Unless the provider has established a proper provider-patient relationship with the patient, a provider shall not issue a prescription to a patient based solely on the responses provided in an online questionnaire.

   e.   The prescription of Schedule II controlled dangerous substances through the use of telemedicine or telehealth shall be authorized only after an initial in-person examination of the patient, as provided by regulation, and a subsequent in-person visit with the patient shall be required every three months for the duration of time that the patient is being prescribed the Schedule II controlled dangerous substance.  However, the provisions of this subsection shall not apply, and the in-person examination or review of a patient shall not be required, when a health care provider is prescribing a stimulant which is a Schedule II controlled dangerous substance for use by a minor patient under the age of 18, provided that the health care provider is using interactive, real-time, two-way audio and video technologies when treating the patient and the health care provider has first obtained written consent for the waiver of these in-person examination requirements from the minor patient's parent or guardian.”

   “f.   A mental health screener, screening service, or screening psychiatrist subject to the provisions of P.L.1987, c.116 (C.30:4-27.1 et seq.):

   (1)   shall not be required to obtain a separate authorization in order to engage in telemedicine or telehealth for mental health screening purposes; and

   (2)   shall not be required to request and obtain a waiver from existing regulations, prior to engaging in telemedicine or telehealth.”

   “g.   A health care provider who engages in telemedicine or telehealth, as authorized by P.L.2017, c.117 (C.45:1-61 et al.), shall maintain a complete record of the patient's care, and shall comply with all applicable state and federal statutes and regulations for recordkeeping, confidentiality, and disclosure of the patient's medical record.”

   “h.   A health care provider shall not be subject to any professional disciplinary action under Title 45 of the Revised Statutes solely on the basis that the provider engaged in telemedicine or telehealth pursuant to P.L.2017, c.117 (C.45:1-61 et al.).”

  “ i. (1) In accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), the State boards or other entities that, pursuant to Title 45 of the Revised Statutes, are responsible for the licensure, certification, or registration of health care providers in the State, shall each adopt rules and regulations that are applicable to the health care providers under their respective jurisdictions, as may be necessary to implement the provisions of this section and facilitate the provision of telemedicine and telehealth services.  Such rules and regulations shall, at a minimum:

   (a)   include best practices for the professional engagement in telemedicine and telehealth;

   (b)   ensure that the services patients receive using telemedicine or telehealth are appropriate, medically necessary, and meet the current quality of care standards;

   (c)   include measures to prevent fraud and abuse in connection with the use of telemedicine and telehealth, including requirements concerning the filing of claims and maintaining appropriate records of services provided; and

   (d)   provide substantially similar metrics for evaluating the quality of care and patient outcomes in connection with services provided using telemedicine and telehealth as currently apply to services provided in person.”

   “(2)   In no case shall the rules and regulations adopted pursuant to paragraph (1) of this subsection require a provider to conduct an initial in-person visit with the patient as a condition of providing services using telemedicine or telehealth.”

  “ (3)   The failure of any licensing board to adopt rules and regulations pursuant to this subsection shall not have the effect of delaying the implementation of this act and shall not prevent health care providers from engaging in telemedicine or telehealth in accordance with the provisions of this act and the practice act applicable to the provider's professional licensure, certification, or registration.”

   L.2017, c.117, s.2.

Refer to the source provided for all requirements and limitations.

New Jersey Professional Regulation/Health & Safety Online Prescribing

Source

NJ Statute C.45:1-62(e)

“The prescription of Schedule II controlled substances through telemedicine or telehealth is authorized only after an initial in-person examination, and subsequent in-person visit with the patient is required every three months for the duration of the prescription.  Does not apply when prescribing stimulant which is a Schedule II controlled dangerous substance for use by a minor under the age of 18 provided the health care provider is using interactive, real-time, two-way audio and video technologies when treating the patient and the health care provider has obtained written consent for the waiver of these in-person examination requirements from the minor patient’s parent or guardian.”

Source

NJ Statute C.45:1-6s(3)

“A provider-patient relationship shall include: 

  • Properly identifying the patient, using at minimum the patient’s name, date of birth, phone number, and address.
  • Disclosing and validating the provider’s identity and credentials, such as license, title, specialty, and board certifications.
  • Review of patient’s medical history and available medical records, prior to initiating contact and initial encounter.
  • Determining whether the provider will be able to meet the same standard of care as care provided in-person, using telehealth or telemedicine, prior to initiating contact, for each unique patient encounter.”

See statute for exceptions.

Refer to the source provided for all requirements and limitations.

 

Telemedicine and Telehealth Organization Registry
N.J. Admin. Code § 8:53-2.1

Nurses

We are not aware of any specific rules and regulations of the practice of telemental health services for Nurses

New Jersey Professional Regulation/Health & Safety Online Prescribing

Source

NJ Statute C.45:1-62(e)

“The prescription of Schedule II controlled substances through telemedicine or telehealth is authorized only after an initial in-person examination, and subsequent in-person visit with the patient is required every three months for the duration of the prescription.  Does not apply when prescribing stimulant which is a Schedule II controlled dangerous substance for use by a minor under the age of 18 provided the health care provider is using interactive, real-time, two-way audio and video technologies when treating the patient and the health care provider has obtained written consent for the waiver of these in-person examination requirements from the minor patient’s parent or guardian.”

Source

NJ Statute C.45:1-6s(3)

“A provider-patient relationship shall include: 

  • Properly identifying the patient, using at minimum the patient’s name, date of birth, phone number, and address.
  • Disclosing and validating the provider’s identity and credentials, such as license, title, specialty, and board certifications.
  • Review of patient’s medical history and available medical records, prior to initiating contact and initial encounter.
  • Determining whether the provider will be able to meet the same standard of care as care provided in-person, using telehealth or telemedicine, prior to initiating contact, for each unique patient encounter.”

See statute for exceptions.

Refer to the source provided for all requirements and limitations.

 

Telemedicine and Telehealth Organization Registry
N.J. Admin. Code § 8:53-2.1

Medicaid Telehealth Parity Law

Chapter 117, P.L. 2017, Date Approved: July 21, 2017

Effective Date: July 21, 2017

Description:

This law authorizes health care providers, including, but not limited to, licensed physicians, nurses, nurse practitioners, psychologists, psychiatrists, psychoanalysts, clinical social workers, physician assistants, professional counselors, respiratory therapists, speech pathologists, audiologists, and optometrists, to remotely provide health care services to patients through the use of telemedicine and telehealth.

It specifies that Medicaid, NJ FamilyCare, and certain health insurance providers, including the carriers of health benefits plans, the State Health Benefits Commission, and the School Employees’ Health Benefits Commission, are each to provide coverage and payment for services provided through telemedicine and telehealth on the same basis as, and at a provider reimbursement rate that does not exceed the provider reimbursement rate that is applicable when the services are delivered in-person in New Jersey. 

This law takes effect immediately.

Link: https://www.njleg.state.nj.us/2016/Bills/PL17/117_.PDF 

Refer to the source provided for all requirements and limitations.

Originating Site Reimbursement: 

Private Pay Telehealth Parity Law

Chapter 117, P.L. 2017, Date Approved: July 21, 2017

Effective Date: July 21, 2017

Description:

This law authorizes health care providers, including, but not limited to, licensed physicians, nurses, nurse practitioners, psychologists, psychiatrists, psychoanalysts, clinical social workers, physician assistants, professional counselors, respiratory therapists, speech pathologists, audiologists, and optometrists, to remotely provide health care services to patients through the use of telemedicine and telehealth.

It specifies that Medicaid, NJ FamilyCare, and certain health insurance providers, including the carriers of health benefits plans, the State Health Benefits Commission, and the School Employees’ Health Benefits Commission, are each to provide coverage and payment for services provided through telemedicine and telehealth on the same basis as, and at a provider reimbursement rate that does not exceed the provider reimbursement rate that is applicable when the services are delivered in-person in New Jersey. 

This law takes effect immediately.

Link: https://www.njleg.state.nj.us/2016/Bills/PL17/117_.PDF 

Refer to the source provided for all requirements and limitations. 

Payment Parity

Chapter 117, P.L. 2017, Date Approved: July 21, 2017

Effective Date: July 21, 2017

Description:

This law authorizes health care providers, including, but not limited to, licensed physicians, nurses, nurse practitioners, psychologists, psychiatrists, psychoanalysts, clinical social workers, physician assistants, professional counselors, respiratory therapists, speech pathologists, audiologists, and optometrists, to remotely provide health care services to patients through the use of telemedicine and telehealth.

It specifies that Medicaid, NJ FamilyCare, and certain health insurance providers, including the carriers of health benefits plans, the State Health Benefits Commission, and the School Employees’ Health Benefits Commission, are each to provide coverage and payment for services provided through telemedicine and telehealth on the same basis as, and at a provider reimbursement rate that does not exceed the provider reimbursement rate that is applicable when the services are delivered in-person in New Jersey. 

This law takes effect immediately.

Link: https://www.njleg.state.nj.us/2016/Bills/PL17/117_.PDF 

Refer to the source provided for all requirements and limitations.

Permission for the Temporary Practice of Clinicians Licensed Outside the State

We are not aware of any permission that allows for services delivered by out-of-state providers.

Note: As this is a free resource and Rules and Regulations regarding Telehealth are always changing, we appreciate any updates or corrections. They can be emailed to us at [email protected] with a link to the source or a citation of the rule or regulation.

Telemental Health Training Certificate Program

Telemental health is not a separate service from mental health services. All state licensing boards require that licensed clinicians follow all the regulations for practicing under their license no matter what medium of communication is used. All licensing boards also require that clinicians only practice within the boundaries of their competence. This usually requires education, continuing education, and/or supervision in telemental health. Complete our telehealth training program to cover all the essential competencies of providing telemental health services and earn the THTC (Telemental Health Training Certificate).