New Jersey

At A Glance
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MEDICAID REIMBURSEMENT

  • Live Video: Yes
  • Store-and-Forward: No
  • Remote Patient Monitoring: No
  • Audio Only: No

PRIVATE PAYER LAW

  • Law Exists: Yes
  • Payment Parity: No

PROFESSIONAL REQUIREMENTS

  • Licensure Compacts: IMLC, NLC, PSY, PTC
  • Consent Requirements: Yes

STATE RESOURCES

  1. Medicaid Program: New Jersey Medicaid
  2. Administrator: New Jersey Dept. of Human Services
  3. Regional Telehealth Resource Centers: Mid-Atlantic Telehealth Resource Center

Last updated 04/13/2022

Audio-Only Delivery

Medicaid: Teledentistry and Consultations

STATUS: Active, until further notice from Department

Department of Consumer Affairs: Telehealth Services During the COVID-19 Pandemic Frequently Asked Questions (FAQs)

STATUS: Varies. Policies tied to state of emergency, or state public health emergency or both. State PHE has ended, but State of Emergency continues.

Medicaid: Adult Medical Day Care Service Delivery during COVID-19 Emergency Frequently Asked Questions

STATUS: Active

Medicaid: Updates to Adult Medical Day Care Service Delivery during COVID-19 Emergency

STATUS: Active, expires June 30, 2022

Last updated 04/13/2022

Cross-State Licensing

Div. of Consumer Affairs:  Accelerated Temporary Licensure Reciprocity for out-of-state licensing

STATUS: Active, expires Jun. 30, 2022

Division of Consumer Affairs: Temporary Emergency License for Out-of-State Practitioners

STATUS: Active, expires Jun. 30, 2022

Department of Consumer Affairs:  Waives certain licensing rules

STATUS: Active, expires Jun. 30, 2022

Department of Consumer Affairs: Telehealth Services During the COVID-19 Pandemic Frequently Asked Questions (FAQs)

STATUS: Varies. Policies tied to state of emergency, or state public health emergency or both. State PHE has ended, but State of Emergency continues.

S4139: Extends temporary emergency licensure of certain health care professionals

STATUS: Enacted

Last updated 04/13/2022

Easing Prescribing Requirements

Division of Mental Health and Addiction Services: Telehealth for Opioid Treatment Programs

STATUS: Active

Department of Consumer Affairs: Allows health care practitioners to utilize telemedicine encounters to meet prescribing requirements

STATUS: Active, until end of state of emergency or public health emergency, whichever is later. PHE has ended, but state of emergency is still active.

Office of Attorney General: Telemedicine Services for Those who qualify for medical marijuana

STATUS: Active, until end of NJ state of emergency or PHE

Last updated 04/13/2022

Miscellaneous

Department of Consumer Affairs:  Grants Alcohol and Drug Counselor Inters working in certain settings a CADC temporary certification allowing them to perform telehealth and telemedicine

STATUS: Active, until end of state of emergency or public health emergency, whichever is later. PHE has ended, but state of emergency is still active.

S 2467: Extends duration of telehealth COVID expansions

STATUS: Enacted

AB 3860: Telehealth Requirements

STATUS: Enacted

S 2333: Telehealth Immunity

STATUS: Enacted

Last updated 04/12/2022

Originating Site

No Reference Found

Last updated 04/13/2022

Private Payer

Department of Health: Telehealth COVID-19 FAQs

STATUS: Active during COVID-19 pandemic. NJ public health emergency ended, but state of emergency is still in effect.  Telehealth expansions may still be active.

Dep. of Banking and Insurance:  Bulletin on Telemedicine Coverage

STATUS: Active, until end of NJ state of emergency and PHE. PHE has ended, but state of emergency is still active.

Dep. of Banking and Insurance: Bulletin on Telemedicine for Personal Injury Protection Coverage

STATUS: Active, until end of NJ state of emergency and PHE. PHE has ended, but state of emergency is still active.

AB 3843: Health Carrier and Medicaid Coverage

STATUS: Enacted

Last updated 04/12/2022

Provider Type

Division of Mental Health and Addiction Services:  Guidance Regarding Telehealth for Behavioral Health Provider Agencies

STATUS: Active during public health emergency. NJ public health emergency ended, however their state of emergency remains in effect (see EO-244). Federal PHE continues. Unclear if these policies still active.

Division of Mental Health and Addiction Services:  Guidance Utilization of Telehealth by Psychiatric Emergency Screening Service Providers

STATUS: Active, until further notice from Department

Department of Consumer Affairs: Telehealth Services During the COVID-19 Pandemic Frequently Asked Questions (FAQs)

STATUS: Varies. Policies tied to state of emergency, or state public health emergency or both. State PHE has ended, but State of Emergency continues.

Last updated 04/12/2022

Service Expansion

Division of Mental Health and Addiction Services:  Guidance Regarding Telehealth for Behavioral Health Provider Agencies

STATUS: Active during public health emergency. NJ public health emergency ended, however their state of emergency remains in effect (see EO-244). Federal PHE continues. Unclear if these policies still active.

Medicaid:  Temporary Adjustment to Allow Telehealth for Partial Care and Hospitalizations Services

STATUS: Active, during COVID-19 emergency period. May have expired since NJ public health emergency ended (PHE). However, NJ state of emergency and federal PHE continues. Unclear which this is tied to.

Division of Mental Health and Addiction Services:  Telehealth for Screening Services

STATUS: Active, until end of COVID-19 PHE. May have expired since NJ public health emergency ended (PHE). However, NJ state of emergency and federal PHE continues. Unclear which this is tied to.

Medicaid: Teledentistry and Consultations

STATUS: Active, until further notice from Department

Department of Consumer Affairs: Telehealth Services During the COVID-19 Pandemic Frequently Asked Questions (FAQs)

STATUS: Varies. Policies tied to state of emergency, or state public health emergency or both. State PHE has ended, but State of Emergency continues.

AB 3843: Health Carrier and Medicaid Coverage

STATUS: Enacted

Last updated 04/12/2022

Definitions

“Telehealth” means the use of information and communications technologies, including telephones, remote patient monitoring devices, or other electronic means, to support clinical health care, provider consultation, patient and professional health-related education, public health, health administration.

Telemedicine means the delivery of a health care service using electronic communications, information technology, or other electronic or technological means to bridge the gap between a health care provider who is located at a distant site and a patient who is located at an originating site, either with or without the assistance of an intervening health care provider. Telemedicine does not include the use, in isolation, of electronic mail, instant messaging, phone text, or facsimile transmission.

SOURCE: NJ Statute C.30:4D-6K(e) – cites: NJ Statute C.45:1-61, (Accessed Apr. 2022).

Telehealth is defined as the use of electronic communication technologies to support clinical health care, provider consultation, patient and professional health-related education, public health, health administration and other services. Telemedicine and telehealth are often used interchangeably but telemedicine, a subset of telehealth, is considered the clinical application of electronic technology to provide long distance clinical health services. Telehealth is the broader application of communication technology, beyond clinical diagnostics and patient monitoring and shall be used throughout this newsletter to refer to both telemedicine and telehealth services.

SOURCE: NJ Division of Medical Assistance and Health Services. Newsletter Vol. 28, No. 17, Sept. 2018. (Accessed Apr. 2022).

Home Care Services

“Telehealth technology” means the use of electronic information and telecommunications technologies to support long-distance clinical health care, patient, and professional health-related education, public health, and health administration. Technologies include videoconferencing, the internet, store-and-forward imaging, streaming media, and terrestrial and wireless communications.

SOURCE: NJ Admin Code Title 10:60-1.2, (Accessed Apr. 2022).

Last updated 04/12/2022

Email, Phone & Fax

Telephones, facsimile machines, and electronic mail systems do not meet the definition of an interactive telecommunications system. Sessions may not be recorded.

SOURCE: NJ Division of Medical Assistance and Health Services. Newsletter Vol. 28, No. 17, Sept. 2018, p. 2 (Accessed Apr. 2022).

Telemedicine does not include the use, in isolation, of electronic mail, instant messaging, phone text or facsimile transmission.

In no case shall the State Medicaid and NJ FamilyCare Programs:

  • Restrict the ability of a provider to use any electronic or technical platform to provide services using telemedicine or telehealth, including but no limited to interactive, real-time, two-way audio, which may be used in combination with asynchronous store-and-forward technology without video capabilities including audio-only telephone conversations, to provide services using telemedicine or telehealth, provided that the platform used:
    • Allows the provider to meet the same standard of care as would be provided if the services were provided in person’
    • Is compliant with the requirements of the federal health privacy rule set forth at 45 CFR Parts 160 and 164.

SOURCE: NJ Statute C.30:4D-6K(e) – cites: NJ Statute C.45:1-61. (Accessed Apr. 2022). 

Last updated 04/12/2022

Live Video

POLICY

The State Medicaid and NJ FamilyCare programs shall provide coverage and payment for health care services delivered to a benefits recipient through telemedicine or 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 through in-person contact and consultation in New Jersey, provided the services are otherwise covered when delivered through in-person contact and consultation in New Jersey.  Reimbursement payments under this section may be provided either to the individual practitioner who delivered the reimbursable services, or to the agency, facility, or organization that employs the individual practitioner who delivered the reimbursable services, as appropriate.

The State Medicaid and NJ FamilyCare programs may limit coverage to services that are delivered by participating health care providers, but may not charge any deductible, copayment, or coinsurance for a health care service, delivered through telemedicine or telehealth, in an amount that exceeds the deductible, copayment, or coinsurance amount that is applicable to an in-person consultation.

In no case shall the State Medicaid and NJ FamilyCare Programs:

  • Impose any restrictions on the location or setting of the distant site used by a health care provider to provide services using telemedicine and telehealth or on the location or setting of the originating site where the patient is located when receiving services using telemedicine and telehealth, except to ensure that the services provided using telemedicine and telehealth meet the same standard of care as would be provided if the services were provided in person;
  • Restrict the ability of a provider to use any electronic or technical platform to provide services using telemedicine or telehealth, including but not limited to interactive, real-time, two-way audio, which may be used in combination with asynchronous store-and-forward technology without video capabilities including audio-only telephone conversations, to provide services using telemedicine or telehealth, provided that the platform used:
    • Allows the provider to meet the same standard of care as would be provided if the services were provided in person’
    • Is compliant with the requirements of the federal health privacy rule set forth at 45 CFR Parts 160 and 164.
  • Deny coverage for or refuse to provide reimbursement for routine patient monitoring performed using telemedicine and telehealth, including remote monitoring of a patient’s vital signs and routine check-ins with the patient to monitor the patient’s status and condition, if coverage and reimbursement would be provided if those services are provided in person, and the provider is able to meet the same standard of care as would be provided if the services were provided in person; or
  • Limit coverage only to services delivered by select third party telemedicine or telehealth organizations.

SOURCE: NJ Statute C.30:4D-6K. (Accessed Apr. 2022).


ELIGIBLE SERVICES/SPECIALTIES

The offsite provider is responsible for determining that the billable service meets all required standards of care. If the provider cannot meet that standard of care via telehealth, the provider shall notify the patient to seek a face-to-face appointment. When a physical evaluation is required, the telehealth provider may utilize an individual licensed to provide physical evaluations (e.g. RN) who is onsite.

SOURCE: NJ Division of Medical Assistance and Health Services. Newsletter Vol. 28, No. 17, Sept. 2018, p. 2 (Accessed Apr. 2022).

Psychiatric Services

Telepsychiatry may be utilized by mental health clinics and/or hospital providers of outpatient mental health services to meet their physician related requirements including but not limited to intake evaluations, periodic psychiatric evaluations, medication management and/or psychotherapy sessions for clients of any age.

Before any telepsychiatry services can be provided, each participating program must establish policies and procedures, regarding elements noted in the newsletter, such as confidentiality requirements, technology requirements and consent.

Mental health clinics and hospital providers are limited to billing for services permitted by the Division of Medical Assistance and Health Services.

SOURCE: NJ Division of Medical Assistance and Health Services. Newsletter. Vol. 23, No. 21, December 2013. (Accessed Apr. 2022).

For the Screening and Outreach Program, the psychiatric assessment maybe completed through the use of telepsychiatry, provided that the screening service has a Division-approved plan setting forth its policies and procedures for providing a psychiatric assessment via telepsychiatry that meets the following criteria (see regulation).

SOURCE: NJAC 10:31-2.3. (Accessed Apr. 2022).

A provider may use interactive, real-time, two-way audio in combination with asynchronous store-and-forward technology, without video communication, if the provider has determined that the provider is able to meet the accepted standard of care provided if the visit was face-to-face.

SOURCE: NJ Division of Medical Assistance and Health Services. Newsletter Vol. 28, No. 17, Sept. 2018, p. 2. (Accessed Apr. 2022).

The State Medicaid and NJ FamilyCare programs shall provide coverage and payment for health care services delivered to a benefits recipient through telemedicine or 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 through in-person contact and consultation in New Jersey, provided the services are otherwise covered when delivered through in-person contact and consultation in New Jersey.  Reimbursement payments under this section may be provided either to the individual practitioner who delivered the reimbursable services, or to the agency, facility, or organization that employs the individual practitioner who delivered the reimbursable services, as appropriate.

The State Medicaid and NJ FamilyCare programs may limit coverage to services that are delivered by participating health care providers, but may not charge any deductible, copayment, or coinsurance for a health care service, delivered through telemedicine or telehealth, in an amount that exceeds the deductible, copayment, or coinsurance amount that is applicable to an in-person consultation.

SOURCE: NJ Statute C.30:4D-6K. (Accessed Apr. 2022).  


ELIGIBLE PROVIDERS

  • Psychiatric Services
  • Psychiatrist
  • Psychiatric Advanced Practice Nurse

The practitioner may be offsite but must be a practitioner currently licensed to practice within the State of New Jersey.  When consumers receiving telepsychiatry services are under the care of a multidisciplinary treatment team, the psychiatrist or psychiatric APN providing telepsychiatry services must have regular communication with them and be available for consultation.

The clinician cannot bill for services directly.

SOURCE: NJ Division of Medical Assistance and Health Services. Newsletter. Vol. 23, No. 21, December 2013. (Accessed Apr. 2022).

In no case shall the State Medicaid and NJ FamilyCare Programs:

  • Impose any restrictions on the location or setting of the distant site used by a health care provider to provide services using telemedicine and telehealth or on the location or setting of the originating site where the patient is located when receiving services using telemedicine and telehealth, except to ensure that the services provided using telemedicine and telehealth meet the same standard of care as would be provided if the services were provided in person.

SOURCE: NJ Statute C.30:4D-6K. (Accessed Apr. 2022).


ELIGIBLE SITES

For the provision of services, providers are expected to follow the same rules they would follow if the patient visit was face-to-face. This includes instances when a license is for an entity such as an independent clinic. This license is for a specific address and is not tied to specific personnel. In this instance, the service may only be billed when provided at the address listed on the license. When billed by the clinic, the service provider (for example a physician) may provide services from a remote location but the patient must receive those services while physically present at the independent clinic (licensed location). Independent practitioners have a person specific license that is not tied to a specific address. Services billed by independent practitioners do not have location restrictions. The patient and/or the provider may be at any location as long as the provider is licensed to practice in New Jersey.

SOURCE: NJ Division of Medical Assistance and Health Services. Newsletter Vol. 28, No. 17, Sept. 2018, p. 2 (Accessed Apr. 2022).

Psychiatric Services

A patient must receive services at the mental health clinic or outpatient hospital program and the mental health clinic/hospital must bill for all services under their Medicaid provider number. The clinician cannot bill for services directly.

SOURCE: NJ Division of Medical Assistance and Health Services. Newsletter. Vol. 23, No. 21, December 2013 (Accessed Apr. 2022).

In no case shall the State Medicaid and NJ FamilyCare Programs:

  • Impose any restrictions on the location or setting of the distant site used by a health care provider to provide services using telemedicine and telehealth or on the location or setting of the originating site where the patient is located when receiving services using telemedicine and telehealth, except to ensure that the services provided using telemedicine and telehealth meet the same standard of care as would be provided if the services were provided in person;

SOURCE: NJ Statute C.30:4D-6K. (Accessed Apr. 2022). 


GEOGRAPHIC SITES

No Reference Found


FACILITY/TRANSMISSION FEE

All costs associated with the provision of telehealth services, including but not limited to the contracting of professional services and the telecommunication equipment, are the responsibility of the provider and are not directly reimbursable by NJFC.

SOURCE: NJ Division of Medical Assistance and Health Services. Newsletter Vol. 28, No. 17, Sept. 2018, p. 4 (Accessed Apr. 2022).

Last updated 04/12/2022

Miscellaneous

See Newsletter for specific documentation, prescribing and technology requirements, as well as requirements to meet the standard of care as a traditional face-to-face visit.

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.) shall not be required to obtain a separate authorization in order to engage in telemedicine or telehealth for mental health screening purposes, and shall not be required to request and obtain a waiver from existing regulations, prior to engaging in telemedicine or telehealth.

An initial face-to-face visit is not required to establish a provider-patient relationship. The provider must review and be familiar with the patient’s history and medical records, when applicable, prior to the provision of any telehealth services.

SOURCE: NJ Division of Medical Assistance and Health Services. Newsletter Vol. 28, No. 17, Sept. 2018, p. 3-4 (Accessed Apr. 2022).

Psychiatric Services

If a physical evaluation is required as part of a psychiatric assessment, the hosting provider must have a registered nurse available to complete and share the results of the physical evaluation.

NJ Medicaid does not reimburse for any costs associated with the provision of telepsychiatry services including but not limited to the contracting of professional services and the telecommunication equipment are the responsibility of the provider and are not directly reimbursable by New Jersey Medicaid.

Additional requirements are listed in the telepsychiatry memo.

SOURCE: NJ Division of Medical Assistance and Health Services. Newsletter. Vol. 23, No. 21, December 2013. (Accessed Apr. 2022).

Last updated 04/12/2022

Out of State Providers

A psychiatrist or psychiatric APN may be off-site, but must be licensed in the State of New Jersey.

SOURCE: NJ Division of Medical Assistance and Health Services. Newsletter. Vol. 23, No. 21, December 2013. (Accessed Apr. 2022).

Last updated 04/12/2022

Overview

New Jersey Medicaid reimburses for live video and remote patient monitoring under certain circumstances. Store-and-forward is not explicitly included in reimbursement; however, it could be covered within the definition of telemedicine. Individual Medicare managed care plans may have their own individual policies regarding telehealth and telemedicine.

Last updated 04/12/2022

Remote Patient Monitoring

POLICY

The State Medicaid and NJ FamilyCare programs shall provide coverage and payment for health care services delivered to a benefits recipient through telemedicine or 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 through in-person contact and consultation in New Jersey, provided the services are otherwise covered when delivered through in-person contact and consultation in New Jersey.  Reimbursement payments under this section may be provided either to the individual practitioner who delivered the reimbursable services, or to the agency, facility, or organization that employs the individual practitioner who delivered the reimbursable services, as appropriate.

[Remote patient monitoring is included in definition of telehealth.]

In no case shall the State Medicaid and NJ FamilyCare Programs:

  • Deny coverage for or refuse to provide reimbursement for routine patient monitoring performed using telemedicine and telehealth, including remote monitoring of a patient’s vital signs and routine check-ins with the patient to monitor the patient’s status and condition, if coverage and reimbursement would be provided if those services are provided in person, and the provider is able to meet the same standard of care as would be provided if the services were provided in person.

SOURCE: NJ Statute C.30:4D-6K – cites: NJ Statute C.45:1-61. (Accessed Apr. 2022). 


CONDITIONS

No Reference Found


PROVIDER LIMITATIONS

No Reference Found


OTHER RESTRICTIONS

No Reference Found

Last updated 04/12/2022

Store and Forward

POLICY

“Asynchronous store and forward technology” is defined as the acquisition and transmission of a patient’s medical information either to, or from, an originating site to the provider at the distant site, where the provider can review the information without the patient being present. Information includes transmission of images, diagnostics, data and other information necessary to the medical process.

A provider may use interactive, real-time, two-way audio in combination with asynchronous store-and-forward technology, without video communication, if the provider has determined that the provider is able to meet the accepted standard of care provided if the visit was face-to-face. The interactive audiovisual equipment must provide for two-way communication at a minimum bandwidth of 384 kbps (kilobits per second).

SOURCE: NJ Division of Medical Assistance and Health Services. Newsletter Vol. 28, No. 17, Sept. 2018. (Accessed Apr. 2022).

The State Medicaid and NJ FamilyCare programs shall provide coverage and payment for health care services delivered to a benefits recipient through telemedicine or 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 through in-person contact and consultation in New Jersey, provided the services are otherwise covered when delivered through in-person contact and consultation in New Jersey.  Reimbursement payments under this section may be provided either to the individual practitioner who delivered the reimbursable services, or to the agency, facility, or organization that employs the individual practitioner who delivered the reimbursable services, as appropriate.

The State Medicaid and NJ FamilyCare programs may limit coverage to services that are delivered by participating health care providers, but may not charge any deductible, copayment, or coinsurance for a health care service, delivered through telemedicine or telehealth, in an amount that exceeds the deductible, copayment, or coinsurance amount that is applicable to an in-person consultation.

In no case shall the State Medicaid and NJ FamilyCare Programs:

  • Restrict the ability of a provider to use any electronic or technical platform to provide services using telemedicine or telehealth, including but no limited to interactive, real-time, two-way audio, which may be used in combination with asynchronous store-and-forward technology without video capabilities including audio-only telephone conversations, to provide services using telemedicine or telehealth, provided that the platform used:
    • Allows the provider to meet the same standard of care as would be provided if the services were provided in person’
    • Is compliant with the requirements of the federal health privacy rule set forth at 45 CFR Parts 160 and 164.

SOURCE: NJ Statute C.30:4D-6K. (Accessed Apr. 2022). 

Asynchronous store-and-forward means the acquisition and transmission of images, diagnostics, data, and medical information either to, or from, an originating site or to, or from, the health care provider at a distant site, which allows for the patient to be evaluated without being physically present.

SOURCE: NJ Statute C.30:4D-6K(e) – cites: NJ Statute C.45:1-61. (Accessed Apr. 2002).


ELIGIBLE SERVICES

No reference found.


GEOGRAPHIC LIMITS

No Reference Found


TRANSMISSION FEE

No Reference Found

Last updated 04/12/2022

Definitions

Telemedicine means the delivery of a health care service using electronic communications, information technology, or other electronic or technological means to bridge the gap between a health care provider who is located at a distant site and a patient who is located at an originating site, either with or without the assistance of an intervening health care provider. Telemedicine does not include the use, in isolation, of electronic mail, instant messaging, phone text, or facsimile transmission.

Telehealth means the use of information and communications technologies, including telephones, remote patient monitoring devices or other electronic means to support clinical health care, provider consultation, patient and professional health related education, public health, health administration and other services.

SOURCE: NJ Statute C.26:2S-29 as amended by NJ S2559. (Accessed Apr. 2022).

Last updated 04/12/2022

Parity

SERVICE PARITY

A carrier that offers a health benefits plan in this State shall provide coverage and payment for health care services delivered to a covered person through telemedicine or 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 through in-person contact and consultation in New Jersey, provided the services are otherwise covered under the plan when delivered through in-person contact and consultation in New Jersey . Reimbursement payments under this section may be provided either to the individual practitioner who delivered the reimbursable services, or to the agency, facility, or organization that employs the individual practitioner who delivered the reimbursable services, as appropriate.

A health care plan is not prohibited from providing coverage only for services that are medically necessary, subject to the terms and conditions of the plan.

A health care plan may not require a covered person to use telemedicine or telehealth in lieu of receiving an in-person service from an in-network provider.

SOURCE: NJ Statute C.26:2S-29 as amended by NJ S2559. (Accessed Apr. 2022).

The above also applies to contracts purchased by the State Health Benefits Commission and the School Employees’ Health Benefits Commission.

SOURCE: NJ Statute C.52:14-17.29w & C.52:14-17.46.6h as amended by NJ S2559. (Accessed Jan. 2022).

A carrier that offers a health benefit plan in this state shall provide coverage, without the imposition of any cost sharing requirements, including deductibles, copayments or coinsurance, prior authorization requirements, or other medical management requirements, for the following items and services furnished during any portion of the federal state of emergency declared in response to the Coronavirus disease 2019 pandemic:

  • Testing for COVID-19, provided that a health care practitioner has issued a medical order for the testing; and
  • Items and services furnished to an individual health care provider office visit, including in-person visits and telemedicine and telehealth encounters, urgency care center visits, and emergency department visits, that result in an order for administration of a test for COVID-19, but only to the extent that the items and services relate to the furnishing or administration of the test for COVID-19 or to the evaluation of the individual for purposes of determining the need of the individual for that test.

SOURCE: NJ S2559. (Accessed Apr. 2022).


PAYMENT PARITY

A carrier that offers a health benefits plan in this State shall provide coverage and payment for health care services delivered to a covered person through telemedicine or 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 through in-person contact and consultation in New Jersey, provided the services are otherwise covered under the plan when delivered through in-person contact and consultation in New Jersey . Reimbursement payments under this section may be provided either to the individual practitioner who delivered the reimbursable services, or to the agency, facility, or organization that employs the individual practitioner who delivered the reimbursable services, as appropriate.

A carrier may limit coverage to services that are delivered by health care providers in the health benefits plan’s network, but may not charge any deductible, copayment, or coinsurance for a health care service, delivered through telemedicine or telehealth, in an amount that exceeds the deductible, copayment, or coinsurance amount that is applicable to an in-person consultation.

SOURCE: NJ Statute C.26:2S-29 as amended by NJ S2559. (Accessed Apr. 2022).

The above also applies to contracts purchased by the State Health Benefits Commission and the School Employees’ Health Benefits Commission.

SOURCE: NJ Statute C.52:14-17.29w & C.52:14-17.46.6h. (Accessed Apr. 2022). 

The Commissioner of Health shall conduct a study to assess whether or to what extent coverage and payment for health care services delivered to a covered person through telemedicine or telehealth should be reimbursed at a provider reimbursement rate that equals the provider reimbursement rate that is applicable, when the services are delivered through in-person contact and consultation in New Jersey, as well as to assess whether telemedicine and telehealth may be appropriately used to satisfy network adequacy requirements applicable to health benefits plans in New Jersey. See statute for details.

SOURCE: NJ S2559. (Accessed Apr. 2022).

Last updated 04/12/2022

Requirements

A carrier that offers a health benefits plan in this State shall provide coverage and payment for health care services delivered to a covered person through telemedicine or 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 through in-person contact and consultation in New Jersey, provided the services are otherwise covered under the plan when delivered through in-person contact and consultation in New Jersey . Reimbursement payments under this section may be provided either to the individual practitioner who delivered the reimbursable services, or to the agency, facility, or organization that employs the individual practitioner who delivered the reimbursable services, as appropriate.

A carrier may limit coverage to services that are delivered by health care providers in the health benefits plan’s network, but may not charge any deductible, copayment, or coinsurance for a health care service, delivered through telemedicine or telehealth, in an amount that exceeds the deductible, copayment, or coinsurance amount that is applicable to an in-person consultation. In no case shall a carrier:

  • Impose any restrictions on the location or setting of the distant site used by a health care provider to provide services using telemedicine and telehealth or on the location or setting of the originating site where the patient is located when receiving services using telemedicine and telehealth, except to ensure that the services provided using telemedicine and telehealth meet the same standard of care as would be provided if the services were provided in person;
  • Restrict the ability of a provider to use any electronic or technological platform to provide services using telemedicine or telehealth, including, but not limited to, interactive, real-time, two-way audio, which may be used in combination with asynchronous store-and-forward technology without video capabilities, including audio-only telephone conversations, to provide services using telemedicine or telehealth, provided that the platform used:
    • Allows the provider to meet the same standard of care as would be provided if the services were provided in person; and
    • Is compliant with the requirements of the federal health privacy rule set forth at 45 CFR Parts 160 and 164;
  • Deny coverage for or refuse to provide reimbursement for routine patient monitoring performed using telemedicine and telehealth, including remote monitoring of a patient’s vital signs and routine check-ins with the patient to monitor the patient’s status and condition, if coverage and reimbursement would be provided if those services are provided in person, and the provider is able to meet the same standard of care as would be provided if the services were provided in person; or
  • Limit coverage only to services delivered by select third party telemedicine or telehealth organizations.

SOURCE: NJ Statute C.26:2S-29 as amended by NJ S2559. (Accessed Apr. 2022).

Last updated 04/13/2022

Cross State Licensing

Any health care provider who uses telemedicine or engages in telehealth while providing health care services to a patient, shall:

  • Be validly licensed, certified, or registered, pursuant to Title 45 of the Revised Statutes, to provide such services in the State of New Jersey;
  • Remain subject to regulation by the appropriate New Jersey State licensing board or other New Jersey State professional regulatory entity;
  • Act in compliance with existing requirements regarding the maintenance of liability insurance; and
  • Remain subject to New Jersey jurisdiction

SOURCE: NJ Statute C.45:1-62(2)(b). (Accessed Apr. 2022). 

A social worker must hold a license or certificate issued by the Board if he or she:

  • Is located in New Jersey and provides health care services to any client located in or out of New Jersey by means of telemedicine or telehealth; or
  • Is located outside of New Jersey and provides health care services to any client located in New Jersey by means of telemedicine or telehealth.

Notwithstanding N.J.S.A. 45:1-62 and (c) above, a healthcare provider located in another state who consults with a licensee in New Jersey through the use of information and communications technologies, but does not direct client care, will not be considered as providing health care services to a client in New Jersey consistent with N.J.S.A. 45:15BB-1 et seq., and will not be required to obtain licensure in New Jersey in order to provide such consultation.

The provisions of (d) above shall not apply when a healthcare provider located in another state provides clinical supervision pursuant to N.J.A.C. 13:44G-8.1.

SOURCE: NJ Administrative Code 13:44G-15.1. (Accessed Apr. 2022).

A practicing psychologist must hold a license issued by the Board if he or she:

  • Is located in New Jersey and provides psychological services to any client located in or out of New Jersey by means of telemedicine or telehealth; or
  • Is located outside of New Jersey and provides psychological services to any client located in New Jersey by means of telemedicine or telehealth.

Notwithstanding N.J.S.A. 45:1-62 and (c) above, a healthcare provider located in another state who consults with a licensed practicing psychologist in New Jersey through the use of information and communications technologies, but does not direct client care, will not be considered as providing psychological services to a client in New Jersey consistent with N.J.S.A. 45:14B-1 et seq., and will not be required to obtain licensure in New Jersey in order to provide such consultation.

SOURCE: NJ Administrative Code 13:42-13.1. (Accessed Apr. 2022).

A physical therapist or physical therapist assistant must hold a license issued by the Board if he or she:

  • Is located in New Jersey and provides health care services to any patient located in or out of New Jersey by means of telemedicine or telehealth; or
  • Is located outside of New Jersey and provides health care services to any patient located in New Jersey by means of telemedicine or telehealth.

Notwithstanding N.J.S.A. 45:1-62, a healthcare provider located in another state who consults with a licensed physical therapist or licensed physical therapist assistant in New Jersey through the use of information and communications technologies, but does not direct patient care, will not be considered as providing health care services to a patient in New Jersey and will not be required to obtain licensure in New Jersey in order to provide such consultation.

SOURCE: NJ Administrative Code 13:39A-10.1. (Accessed Apr. 2022).

An audiologist and/or speech language pathologist must hold a license issued by the Committee if he or she:

  • Is located in New Jersey and provides health care services to any patient located in, or out of, New Jersey by means of telemedicine or telehealth; or
  • Is located outside of New Jersey and provides health care services to any patient located in New Jersey by means of telemedicine or telehealth.

Notwithstanding N.J.S.A. 45:1-62 and (c) above, a healthcare provider located in another state who consults with a licensee in New Jersey through the use of information and communications technologies, but does not direct patient care, will not be considered as providing health care services to a patient in New Jersey consistent with N.J.S.A. 45:3B-1 et seq., and will not be required to obtain licensure in New Jersey in order to provide such consultation.

SOURCE: NJ Administrative Code 13:44C-11.1. (Accessed Apr. 2022).

A nurse must hold a license issued by the Board if he or she:

  • Is located in New Jersey and provides health care services to any patient located in or out of New Jersey by means of telemedicine or telehealth; or
  • Is located outside of New Jersey and provides health care services to any patient located in New Jersey by means of telemedicine or telehealth.

Notwithstanding N.J.S.A. 45:1-62 and (c) above, a healthcare provider located in another state who consults with a licensee in New Jersey through the use of information and communications technologies, but does not direct patient care, will not be considered as providing health care services to a patient in New Jersey consistent with N.J.S.A. 45:9-1 et seq., and will not be required to obtain licensure in New Jersey in order to provide such consultation.

SOURCE: NJ Administrative Code 13:37-8A.1. (Accessed Apr. 2022).

An acupuncturist must hold a license issued by the Board if he or she:

  • Is located in New Jersey and provides health care services to any patient located in or out of New Jersey by means of telemedicine or telehealth; or
  • Is located outside of New Jersey and provides health care services to any patient located in New Jersey by means of telemedicine or telehealth.

Notwithstanding N.J.S.A. 45:1-62, a healthcare provider located in another state who consults with an acupuncturist in New Jersey through the use of information and communications technologies, but does not direct patient care, will not be considered as providing health care services to a patient in New Jersey and will not be required to obtain licensure in New Jersey in order to provide such consultation.

SOURCE: NJ Administrative Code 13:35-9.21. (Accessed Apr. 2022).

A genetic counselor must hold a license issued by the Committee if he or she:

  • Is located in New Jersey and provides health care services to any patient located in or out of New Jersey by means of telemedicine or telehealth; or
  • Is located outside of New Jersey and provides health care services to any patient located in New Jersey by means of telemedicine or telehealth.

Notwithstanding N.J.S.A. 45:1-62, a healthcare provider located in another state who consults with a licensed genetic counselor in New Jersey through the use of information and communications technologies, but does not direct patient care, will not be considered as providing health care services to a patient in New Jersey and will not be required to obtain licensure in New Jersey in order to provide such consultation.

SOURCE: NJ Administrative Code 13:35-14.19. (Accessed Apr. 2022).

A marriage and family therapist or associate marriage and family therapist must hold a license issued by the Board, if he or she:

  • Is located in New Jersey and provides marriage and family therapy services to any client located in or out of New Jersey by means of telemedicine or telehealth; or
  • Is located outside of New Jersey and provides marriage and family therapy services to any client located in New Jersey by means of telemedicine or telehealth.

Notwithstanding N.J.S.A. 45:1-62 and (c) above, a healthcare provider located in another state who consults with a licensee in New Jersey through the use of information and communications technologies, but does not direct client care, will not be considered as providing healthcare services to a client in New Jersey consistent with N.J.S.A. 45:8B-1 et seq., and will not be required to obtain licensure in New Jersey in order to provide such consultation

SOURCE: NJ Administrative Code 13:34-6A.1. (Accessed Apr. 2022). 

A professional counselor, associate counselor, or rehabilitation counselor must hold a license issued by the Committee, if he or she:

  • Is located in New Jersey and provides professional counseling or rehabilitation counseling, as applicable, to any client located in or out of New Jersey by means of telemedicine or telehealth; or
  • Is located outside of New Jersey and provides professional counseling or rehabilitation counseling, as applicable, to any client located in New Jersey by means of telemedicine or telehealth.

Notwithstanding N.J.S.A. 45:1-62 and (c) above, a healthcare provider located in another state who consults with a licensee in New Jersey through the use of information and communications technologies, but does not direct client care, will not be considered as providing healthcare services to a client in New Jersey consistent with N.J.S.A. 45:8B-34 et seq., and will not be required to obtain licensure in New Jersey in order to provide such consultation.

SOURCE: NJ Administrative Code 13:34-32.1. (Accessed Apr. 2022).

An electrologist must hold a license issued by the Committee if he or she:

  • Is located in New Jersey and provides electrology services to any client located in or out of New Jersey by means of telemedicine or telehealth; or
  • Is located outside of New Jersey and provides electrology services to any client located in New Jersey by means of telemedicine or telehealth.

Notwithstanding N.J.S.A. 45:1-62 and (c) above, a healthcare provider located in another state who consults with a licensee in New Jersey through the use of information and communications technologies, but does not direct client care, will not be considered as providing health care services to a client in New Jersey consistent with N.J.S.A. 45:9-37.76 et seq., and will not be required to obtain licensure in New Jersey in order to provide such consultation.

SOURCE: NJ Administrative Code 13:35-12A.1. (Accessed Apr. 2022).

A physician assistant must hold a license issued by the Board if he or she:

  • Is located in New Jersey and provides healthcare services to any patient located in or out of New Jersey by means of telemedicine or telehealth; or
  • Is located outside of New Jersey and provides healthcare services to any patient located in New Jersey by means of telemedicine or telehealth.

Notwithstanding N.J.S.A. 45:1-62 and (c) above, a healthcare provider located in another state who consults with a licensee in New Jersey through the use of information and communications technologies, but does not direct patient care, will not be considered as providing healthcare services to a patient in New Jersey consistent with N.J.S.A. 45:9-1 et seq., and will not be required to obtain licensure in New Jersey in order to provide such consultation.

SOURCE: NJ Administrative Code 13:35-2C.1. (Accessed Apr. 2022). 

A telemedicine or telehealth organization, whether operating as a distant site, originating site, or both, shall register with the Department prior to providing services in the State.

See rule for additional requirements.

SOURCE: NJ Administrative Code 8:53-2.1 (Accessed Apr. 2022).

A hearing aid dispenser must hold a license issued by the Committee if he or she:

  • Is located in New Jersey and provides health care services to any patient located in or out of New Jersey by means of telemedicine or telehealth; or
  • Is located outside of New Jersey and provides health care services to any patient located in New Jersey by means of telemedicine or telehealth.

Notwithstanding N.J.S.A. 45:1-62 , a healthcare provider located in another state who consults with a licensee in New Jersey through the use of information and communications technologies, but does not direct patient care, will not be considered as providing health care services to a patient in New Jersey and will not be required to obtain licensure in New Jersey in order to provide such consultation.

SOURCE: NJ Administrative Code 13:35-8.21. (Accessed Apr. 2022).

An alcohol and drug counselor must hold a license or certification, as applicable, issued by the Committee, if he or she:

  • Is located in New Jersey and provides alcohol and drug counseling to any client located in or out of New Jersey by means of telemedicine or telehealth; or
  • Is located outside of New Jersey and provides alcohol and drug counseling to any client located in New Jersey by means of telemedicine or telehealth.

Notwithstanding N.J.S.A. 45:1-62 and (c) above, a healthcare provider located in another state who consults with a licensee in New Jersey through the use of information and communications technologies, but does not direct a client’s care, will not be considered as providing health care services to a client in New Jersey consistent with N.J.S.A. 45:2D-1 et seq., and will not be required to obtain licensure in New Jersey in order to provide such consultation.

Credentialed interns, as defined at N.J.A.C. 13:34C-6.1, who engage in telemedicine or telehealth shall do so consistent with P.L. 2017, c. 117 (N.J.S.A. 45:1-61 et seq.) and the rules of their respective licensing board.

SOURCE: NJ Administrative Code 13:34C-7.1. (Accessed Apr. 2022).

An occupational therapist, occupational therapy assistant, temporary occupational therapist, or temporary licensed occupational therapy assistant must hold a license issued by the Council, if he or she:

  • Is located in New Jersey and provides occupational therapy services to any client located in or out of New Jersey by means of telemedicine or telehealth; or
  • Is located outside of New Jersey and provides occupational therapy services to any client located in New Jersey by means of telemedicine or telehealth.

Notwithstanding N.J.S.A. 45:1-62 and (c) above, a healthcare provider located in another state who consults with a licensee in New Jersey through the use of information and communications technologies, but does not direct client care, will not be considered as providing health care services to a client in New Jersey consistent with N.J.S.A. 45:37-51, et seq., and will not be required to obtain licensure in New Jersey in order to provide such consultation.

SOURCE: NJ Administrative Code 13:44k-7.1. (Accessed Apr. 2022).

A dentist or dental hygienist must hold a license, as applicable, issued by the Board, if he or she:

  • Is located in New Jersey and provides health care services to any patient located in or out of New Jersey by means of telemedicine or telehealth; or
  • Is located outside of New Jersey and provides health care services to any patient located in New Jersey by means of telemedicine or telehealth.

Notwithstanding N.J.S.A. 45:1-62 and (c) above, a healthcare provider located in another state who consults with a licensee in New Jersey through the use of information and communications technologies, but does not direct patient care, will not be considered as providing health care services to a patient in New Jersey consistent with N.J.S.A. 45:6-1 et seq., and will not be required to obtain licensure in New Jersey in order to provide such consultation.

SOURCE: NJ Administrative Code 13:30-9.1. (Accessed Apr. 2022).

A respiratory care practitioner must hold a license issued by the Board, if he or she:
  • Is located in New Jersey and provides health care services to any patient located in or out of New Jersey by means of telemedicine or telehealth; or
  • Is located outside of New Jersey and provides health care services to any patient located in New Jersey by means of telemedicine or telehealth.
Notwithstanding N.J.S.A. 45:1-62 and (c) above, a healthcare provider located in another state who consults with a licensee in New Jersey through the use of information and communications technologies, but does not direct patient care, will not be considered as providing health care services to a patient in New Jersey consistent with N.J.S.A. 45:14E-1 et seq., and will not be required to obtain licensure in New Jersey in order to provide such consultation.

SOURCE: NJ Administrative Code 13:44F-11.1. (Accessed Apr. 2022).

Last updated 04/12/2022

Definitions

Telemedicine means the delivery of a health care service using electronic communications, information technology, or other electronic or technological means to bridge the gap between a health care provider who is located at a distant site and a patient who is located at an originating site, either with or without the assistance of an intervening health care provider. Telemedicine does not include the use, in isolation, of electronic mail, instant messaging, phone text, or facsimile transmission.

Telehealth means the use of information and communications technologies, including telephones, remote patient monitoring devices or other electronic means to support clinical health care, provider consultation, patient and professional health related education, public health, health administration and other services.

SOURCE: NJ Statute C.45:1-61. (Accessed Apr. 2022).

Telemedicine means the delivery of a health care service using electronic communications, information technology, or other electronic or technological means to bridge the gap between a health care provider who is located at a distant site and a patient who is located at an originating site, either with or without the assistance of an intervening health care provider. Telemedicine does not include the use, in isolation, of audio-only telephone conversations, electronic mail, instant messaging, phone text, or facsimile transmission.

Telehealth means the use of information and communications technologies, including telephones, remote patient monitoring devices or other electronic means to support clinical health care, provider consultation, patient and professional health related education, public health, health administration and other services.

SOURCE: NJ Administrative Code, Title 13, 13:35-8.22, 13:35-9.22, 13:35-2A.19, 13:39A-10.2, 13:42-13.2, 13:44G-15.2, 13:44C-11.2, 13:35-14.20, 13:44-4A.2 ,Title 8 8:53-1.3 (Accessed Apr. 2022).

“Telehealth” means the use of information and communications technologies, including telephones, remote client monitoring devices, or other electronic means, to support clinical health care, provider consultation, client and professional health-related education, public health, health administration, and other services in accordance with the provisions of P.L. 2017, c. 117 (N.J.S.A. 45:1-61 et seq.).

“Telemedicine” means the delivery of a health care service, including mental health services, using electronic communications, information technology, or other electronic or technological means to bridge the gap between a health care licensee who is located at a distant site and a client who is located at an originating site, either with or without the assistance of an intervening licensee, and in accordance with the provisions of P.L. 2017, c. 117 (N.J.S.A. 45:1-61 et seq.). “Telemedicine” does not include the use, in isolation, of audio-only telephone conversation, electronic mail, instant messaging, phone text, or facsimile transmission.

SOURCE: NJ Administrative Code, Title 13, 13:30-9.2, 13:34-6A.2, 13:34C-7.2, 13:34-32.2, 13:35-12A.2, 13:37-8A.2, 13:35-2C.2, 13:35-6B.2, 13:44F-11.2, 13:44K-7.2.(Accessed Apr. 2022).

Last updated 04/12/2022

Licensure Compacts

Member of Nurse Licensure Compact.

SOURCE:  NCSBN, Nurse Licensure Compact, (Accessed Apr. 2022).

Member of the Physical Therapy Compact.

SOURCE: Compact Map. Physical Therapy Compact. (Accessed Apr. 2022).

Member of the Psychology Interjurisdictional Compact.

SOURCE: PSYPACT Compact Map (Accessed Apr. 2022).

Member of the Interstate Medical Licensing Compact.

SOURCE: Interstate Medical Licensing Compact. (Accessed Apr. 2022).

* See Compact websites for implementation and license issuing status and other related requirements.

Last updated 04/13/2022

Miscellaneous

Each telehealth or telemedicine organization operating in the State shall annually register with the Department of Health and submit an annual report.  See statute for details.

SOURCE: NJ Statute C.45:1-64. (Accessed Apr. 2022).

The Telemedicine and Telehealth Review Commission shall review information reported by telemedicine and telehealth organizations and make recommendations to promote and improve the quality, efficiency, and effectiveness of telemedicine and telehealth services provided by New Jersey.

SOURCE: NJ Statute C.45:1-65. (Accessed Apr. 2022).

Statutory Telehealth Practice Standards for Health Care Providers

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

A health care provider engaging in telemedicine or telehealth may use asynchronous store-and-forward technology to provide services with or without the use of interactive, real-time, two-way audio 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 and informs the patient of this determination at the outset of the telemedicine or telehealth encounter.

See statute for additional telemedicine/telehealth practice standards.

SOURCE: NJ Statute C.45:1-62(c)(2). (Accessed Apr. 2022).

A mental health screener, screening service, or screening psychiatrist subject to C.30:4-27.1:

  • Shall not be required to obtain a separate authorization in order to engage in telemedicine or telehealth for mental health screening purposes; and
  • Shall not be required to request and obtain a waiver from existing regulations, prior to engaging in telemedicine or telehealth.

SOURCE: NJ Statute C.45:1-62(f). (Accessed Apr. 2022).

A telemedicine or telehealth organization, whether operating as a distant site, originating site, or both, shall register with the Department prior to providing services in the State.

See rule for additional requirements.

SOURCE: NJ Administrative Code 8:53-2.1 (Accessed Apr. 2022).

Standard of Care

Marriage and Family Therapy Examiners

Prior to providing services through telemedicine or telehealth, a licensee shall determine whether providing those services through telemedicine or telehealth would be consistent with the standard of care applicable for those services when provided in-person.

If a licensee determines, either before or during the provision of marriage and family therapy services, that services cannot be provided through telemedicine or telehealth in a manner that is consistent with in-person standards of care, the licensee shall not provide or supervise services through telemedicine or telehealth.

An associate marriage and family therapist or any licensee working under supervision shall be responsible for determining whether marriage and family therapy services can be provided through telemedicine or telehealth in a manner that is consistent with in-person standards of care.

A licensee who determines that services cannot be provided through telemedicine or telehealth pursuant to (b) above shall advise the client to obtain services in-person and comply with the requirements at N.J.A.C. 13:34-6.3(b).

A licensee who provides a treatment, or consultation recommendation, including discussions regarding the risk and benefits of a client’s treatment options, through telemedicine or telehealth shall be held to the same standard of care or practice standards as are applicable to in-person settings.

See administrative code for other requirements, such as fraud and abuse, privacy and notice to patients.

SOURCE: NJ Administrative Code 13:34-6A.3. (Accessed Apr. 2022). 

Board of Marriage and Family Therapy Examiners

Prior to providing services through telemedicine or telehealth, a licensee shall determine whether providing those services through telemedicine or telehealth would be consistent with the standard of care applicable for those services when provided in-person.

If a licensee determines, either before or during the provision of professional counseling or rehabilitation counseling, as applicable, that services cannot be provided through telemedicine or telehealth in a manner that is consistent with in-person standards of care, the licensee shall not provide or supervise services through telemedicine or telehealth.

  • An associate professional counselor or any licensee working under supervision shall be responsible for determining whether professional counseling or rehabilitation counseling, as applicable, can be provided through telemedicine or telehealth in a manner that is consistent with in-person standards of care.

A licensee who determines that services cannot be provided through telemedicine or telehealth pursuant to (b) above shall advise the client to obtain services in-person.

A licensee who provides a treatment, or consultation recommendation, including discussions regarding the risk and benefits of a client’s treatment options, through telemedicine or telehealth shall be held to the same standard of care or practice standards as are applicable to in-person settings.

See administrative code for other requirements, such as fraud and abuse, privacy and notice to patients.

SOURCE: NJ Administrative Code 13:34-32.3,  (Accessed Apr. 2022).

Board of Medical Examiners- Physician Assistants

Prior to providing services through telemedicine or telehealth, a licensee shall determine whether providing those services through telemedicine or telehealth would be consistent with the standard of care applicable for those services when provided in-person.

If a licensee determines, either before or during the provision of healthcare services, that services cannot be provided through telemedicine or telehealth in a manner that is consistent with in-person standards of care, the licensee shall not provide services through telemedicine or telehealth.

  •  A licensee working under supervision shall be responsible for determining whether healthcare services can be provided through telemedicine or telehealth in a manner that is consistent with in-person standards of care.

A licensee who determines that services cannot be provided through telemedicine or telehealth pursuant to (b) above shall advise the patient to obtain services in-person.

A licensee who provides a diagnosis, treatment, or consultation recommendation, including discussions regarding the risk and benefits of a patient’s treatment options, through telemedicine or telehealth shall be held to the same standard of care or practice standards as are applicable to in-person settings.

See administrative code for other requirements, such as fraud and abuse, privacy and notice to patients.

SOURCE: NJ Administrative Code 13:35-2C.3, (Accessed Apr. 2022).

Art Therapists Advisory Committee

Prior to providing services through telemedicine or telehealth, a licensee shall determine whether providing those services through telemedicine or telehealth would be consistent with the standard of care applicable for those services when provided in-person.

If a licensee determines, either before or during the provision of health care services, that services cannot be provided through telemedicine or telehealth in a manner that is consistent with in-person standards of care, the licensee shall not provide services through telemedicine or telehealth.

A licensee who determines that services cannot be provided through telemedicine or telehealth pursuant to (b) above shall advise the patient to obtain services in-person.

A licensee who provides a diagnosis, treatment, or consultation recommendation, including discussions regarding the risk and benefits of a patient’s treatment options, through telemedicine or telehealth shall be held to the same standard of care or practice standards as are applicable to in-person settings

SOURCE: NJ Administrative Code 13:34D-8.2. (Accessed Dec. 2021).

Board of Medical Examiners

Prior to providing services through telemedicine or telehealth, a licensee shall determine whether providing those services through telemedicine or telehealth would be consistent with the standard of care applicable for those services when provided in-person.

If a licensee determines, either before or during the provision of health care services, that services cannot be provided through telemedicine or telehealth in a manner that is consistent with in-person standards of care, the licensee shall not provide services through telemedicine or telehealth.

A licensee who determines that services cannot be provided through telemedicine or telehealth pursuant to (b) above shall advise the patient to obtain services in-person.

A licensee who provides a diagnosis, treatment, or consultation recommendation, including discussions regarding the risk and benefits of a patient’s treatment options, through telemedicine or telehealth shall be held to the same standard of care or practice standards as are applicable to in-person settings.

See administrative code for other requirements, such as fraud and abuse, privacy and notice to patients.

SOURCE: NJ Administrative Code 13:35-8.23, 13:35-2A.20 & 13:35-6B.3, (Accessed Apr. 2022).

Electrologists

Prior to providing services through telemedicine or telehealth, a licensee shall determine whether providing those services through telemedicine or telehealth would be consistent with the standard of care applicable for those services when provided in-person.

If a licensee determines, either before or during the provision of electrology services, that services cannot be provided through telemedicine or telehealth in a manner that is consistent with in-person standards of care, the licensee shall not provide or supervise services through telemedicine or telehealth.

  • A licensee working under supervision shall be responsible for determining whether electrology services can be provided through telemedicine or telehealth in a manner that is consistent with in-person standards of care.

A licensee who determines that services cannot be provided through telemedicine or telehealth pursuant to (b) above shall advise the client to obtain services in-person.

A licensee who provides a diagnosis, treatment, or consultation recommendation, including discussions regarding the risk and benefits of a client’s treatment options, through telemedicine or telehealth shall be held to the same standard of care or practice standards as are applicable to in-person settings.

See administrative code for other requirements, such as fraud and abuse, privacy and notice to patients.

SOURCE: NJ Administrative Code 13:35-12A.3. (Accessed Apr. 2022).

Acupuncturist

Prior to providing services through telemedicine or telehealth, an acupuncturist shall determine whether providing those services through telemedicine or telehealth would be consistent with the standard of care applicable for those services when provided in-person.

If an acupuncturist determines, either before or during the provision of services, that services cannot be provided through telemedicine or telehealth in a manner that is consistent with in-person standards of care, the acupuncturist shall not provide services through telemedicine or telehealth.

An acupuncturist who determines that services cannot be provided through telemedicine or telehealth pursuant to (b) above shall advise the patient to obtain services in-person.

An acupuncturist who provides a diagnosis, treatment, or consultation recommendation, including discussions regarding the risk and benefits of a patient’s treatment options, through telemedicine or telehealth shall be held to the same standard of care or practice standards as are applicable to in-person settings.

See administrative code for other requirements, such as fraud and abuse, privacy and notice to patients.

SOURCE: NJ Administrative Code 13:35-9.23. (Accessed Apr. 2022).

NJ Board of Nursing 

Prior to providing services through telemedicine or telehealth, a licensee shall determine whether providing those services through telemedicine or telehealth would be consistent with the standard of care applicable for those services when provided in-person.

If a licensee determines, either before or during the provision of health care services, that services cannot be provided through telemedicine or telehealth in a manner that is consistent with in-person standards of care, the licensee shall not provide services through telemedicine or telehealth.

A licensee who determines that services cannot be provided through telemedicine or telehealth pursuant to (b) above shall advise the patient to obtain services in-person.

A licensee who provides a diagnosis, treatment, or consultation recommendation, including discussions regarding the risk and benefits of a patient’s treatment options, through telemedicine or telehealth shall be held to the same standard of care or practice standards as are applicable to in-person settings.

See administrative code for other requirements, such as fraud and abuse, privacy and notice to patients.

SOURCE: NJ Administrative Code 13:37-8A.3. (Accessed Apr. 2022). 

Board of Physical Therapy

Prior to providing services through telemedicine or telehealth, a licensed physical therapist or licensed physical therapist assistant shall determine whether providing those services through telemedicine or telehealth would be consistent with the standard of care applicable for those services when provided in-person.

If a licensed physical therapist or licensed physical therapist assistant determines, either before or during the provision of services, that services cannot be provided through telemedicine or telehealth in a manner that is consistent with in-person standards of care, the licensed physical therapist or licensed physical therapist assistant shall not provide services through telemedicine or telehealth.

A licensed physical therapist or licensed physical therapist assistant who determines that services cannot be provided through telemedicine or telehealth pursuant to (b) above shall advise the patient to obtain services in-person.

A licensed physical therapist who provides a diagnosis, treatment, or consultation recommendation, including discussions regarding the risk and benefits of a patient’s treatment options, through telemedicine or telehealth shall be held to the same standard of care or practice standards as are applicable to in-person settings.

A licensed physical therapist assistant who provides a treatment or consultation recommendation, including discussions regarding the risk and benefits of a patient’s treatment options, through telemedicine or telehealth shall be held to the same standard of care or practice standards as are applicable to in-person settings.

See administrative code for other requirements, such as fraud and abuse, privacy and notice to patients.

SOURCE: NJ Administrative Code 13:39A-10.3. (Accessed Apr. 2022). 

Board of Psychological Examiners

Prior to providing psychological services through telemedicine or telehealth, a licensee shall determine whether providing those psychological services through telemedicine or telehealth would be consistent with the standard of care applicable for those psychological services when provided in-person.
If a licensee determines, either before or during the provision of psychological services, that psychological services cannot be provided through telemedicine or telehealth in a manner that is consistent with in-person standards of care, the licensee shall not provide psychological services through telemedicine or telehealth.
 A licensee who determines that psychological services cannot be provided through telemedicine or telehealth pursuant to (b) above shall advise the client to obtain psychological services in-person.
 A licensee who provides a diagnosis, treatment, or consultation recommendation, including discussions regarding the risk and benefits of a client’s treatment options, through telemedicine or telehealth shall be held to the same standard of care or practice standards as are applicable to in-person settings.
See administrative code for other requirements, such as fraud and abuse, privacy and notice to patients.

Certified Psychoanalysts Advisory Committee Rules

Prior to providing services through telemedicine or telehealth, a State-certified psychoanalyst shall determine whether providing those services through telemedicine or telehealth would be consistent with the standard of care applicable for those services when provided in-person.

If a State-certified psychoanalyst determines, either before or during the provision of services, that services cannot be provided through telemedicine or telehealth in a manner that is consistent with in-person standards of care, the State-certified psychoanalyst shall not provide services through telemedicine or telehealth.

A State-certified psychoanalyst who determines that services cannot be provided through telemedicine or telehealth pursuant to (b) above shall advise the patient to obtain services in-person.

A State-certified psychoanalyst who provides a diagnosis, treatment, or consultation recommendation, including discussions regarding the risk and benefits of a patient’s treatment options, through telemedicine or telehealth shall be held to the same standard of care or practice standards as are applicable to in-person settings.

See administrative code for other requirements, such as fraud and abuse, privacy and notice to patients.

SOURCE: NJ Administrative Code 13:42A-8.3. (Accessed Apr. 2022).

Orthotics and Prosthetics Board of Examiners

Prior to providing services through telemedicine or telehealth, a licensee shall determine whether providing those services through telemedicine or telehealth would be consistent with the standard of care applicable for those services when provided in-person.

If a licensee determines, either before or during the provision of services, that services cannot be provided through telemedicine or telehealth in a manner that is consistent with in-person standards of care, the licensee shall not provide services through telemedicine or telehealth.

A licensee who determines that services cannot be provided through telemedicine or telehealth pursuant to (b) above shall advise the patient to obtain services in-person.

A licensee who provides a diagnosis, treatment, or consultation recommendation, including discussions regarding the risk and benefits of a patient’s treatment options, through telemedicine or telehealth shall be held to the same standard of care or practice standards as are applicable to in-person settings.

See administrative code for other requirements, such as fraud and abuse, privacy and notice to patients.

SOURCE: NJ Administrative Code 13:44H-11.3. (Accessed Apr. 2022). 

Alcohol and Drug Counselor Committee

Prior to providing services through telemedicine or telehealth, a licensee shall determine whether providing those services through telemedicine or telehealth would be consistent with the standard of care applicable for those services when provided in-person.

If a licensee determines, either before or during the provision of alcohol and drug counseling that services cannot be provided through telemedicine or telehealth in a manner that is consistent with in-person standards of care, the licensee shall not provide or supervise services through telemedicine or telehealth.

  • A certified alcohol and drug counselor or any licensee working under supervision shall be responsible for determining whether alcohol and drug counseling can be provided through telemedicine or telehealth in a manner that is consistent with in-person standards of care.

A licensee who determines that services cannot be provided through telemedicine or telehealth pursuant to (b) above shall advise the client to obtain services in-person.

A licensee who provides a treatment, or consultation recommendation, including discussions regarding the risk and benefits of a client’s treatment options, through telemedicine or telehealth, shall be held to the same standard of care or practice standards as are applicable to in-person settings.

See administrative code for other requirements, such as fraud and abuse, privacy and notice to patients.

SOURCE: NJ Administrative Code 13:34C-7.3. (Accessed Apr. 2022).

Occupational Therapy Advisory Council

Prior to providing services through telemedicine or telehealth, a licensee shall determine whether providing those services through telemedicine or telehealth would be consistent with the standard of care applicable for those services when provided in-person.

If a licensee determines, either before or during the provision of occupational therapy services, that services cannot be provided through telemedicine or telehealth in a manner that is consistent with in-person standards of care, the licensee shall not provide or supervise services through telemedicine or telehealth.

  • An occupational therapy assistant or any licensee working under supervision shall be responsible for determining whether occupational therapy services can be provided through telemedicine or telehealth in a manner that is consistent with in-person standards of care.

A licensee who determines that services cannot be provided through telemedicine or telehealth pursuant to (b) above shall advise the client to obtain services in-person.

A licensee who provides a treatment, or consultation recommendation, including discussions regarding the risk and benefits of a client’s treatment options, through telemedicine or telehealth, shall be held to the same standard of care or practice standards as are applicable to in-person settings.

See administrative code for other requirements, such as fraud and abuse, privacy and notice to patients.

SOURCE: NJ Administrative Code 13:44K-7.3. (Accessed Apr. 2022).

New Jersey Board of Dentistry

Prior to providing services through telemedicine or telehealth, a licensee shall determine whether providing those services through telemedicine or telehealth would be consistent with the standard of care applicable for those services when provided in-person.

If a licensee determines, either before or during the provision of health care services, that services cannot be provided through telemedicine or telehealth in a manner that is consistent with in-person standards of care, the licensee shall not provide services through telemedicine or telehealth.

  • A licensed dental hygienist working under supervision shall be responsible for determining whether health care services can be provided through telemedicine or telehealth in a manner that is consistent with in-person standards of care.

A licensee who determines that services cannot be provided through telemedicine or telehealth pursuant to (b) above shall advise the patient to obtain services in-person.

A licensed dentist who provides a diagnosis, treatment, or consultation recommendation, including discussions regarding the risk and benefits of a patient’s treatment options, through telemedicine or telehealth shall be held to the same standard of care or practice standards as are applicable to in-person settings.

A licensed dental hygienist who provides an assessment, treatment, or consultation recommendation, including discussions regarding the risk and benefits of a patient’s treatment options, through telemedicine or telehealth, shall be held to the same standard of care or practice standards as are applicable to in-person settings.

See administrative code for other requirements, such as fraud and abuse, privacy and notice to patients.

SOURCE: NJ Administrative Code 13:30-9.3. (Accessed Apr. 2022).

Board of Respiratory Care

Prior to providing services through telemedicine or telehealth, a licensee shall determine whether providing those services through telemedicine or telehealth would be consistent with the standard of care applicable for those services when provided in-person.

If a licensee determines, either before or during the provision of health care services, that services cannot be provided through telemedicine or telehealth in a manner that is consistent with in-person standards of care, the licensee shall not provide services through telemedicine or telehealth.

A licensee who determines that services cannot be provided through telemedicine or telehealth pursuant to (b) above shall advise the patient to obtain services in-person.

A licensee who provides a diagnosis, treatment, or consultation recommendation, including discussions regarding the risk and benefits of a patient’s treatment options, through telemedicine or telehealth, shall be held to the same standard of care or practice standards as are applicable to in-person settings.

See administrative code for other requirements, such as fraud and abuse, privacy and notice to patients.

SOURCE: NJ Administrative Code 13:44F-11.3. (Accessed Apr. 2022).

Last updated 04/12/2022

Online Prescribing

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.  Nothing in this section shall be construed to allow a provider to require a patient to use telemedicine or telehealth in lieu of receiving services from an in-network provider.

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.

Telemedicine services may be provided using interactive, real-time, two way communication technologies or, subject to the requirements of below, asynchronous store-and-forward technology.

A health care provider engaging in telemedicine or telehealth may use asynchronous store-and-forward technology to provide services with or without the use of interactive,r eal-time, two-way audio if, after accessing and reviewing the patient’s medical records, the provider determines that the provider is able to meet to meet the same standard of care as if the health care services were being provided in person and informs the patient of this determination at the outset of the telemedicine or telehealth encounter.

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. 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.

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 static questionnaire.

In the event that a mental health screener, screening service, or screening psychiatrist determines that an in-person psychiatric evaluation is necessary to meet standard of care requirements, or in the event that a patient requests an in-person psychiatric evaluation in lieu of a psychiatric evaluation performed using telemedicine or telehealth, the mental health screener, screening service, or screening psychiatrist may nevertheless perform a psychiatric evaluation using telemedicine and telehealth if it is determined that the patient cannot be scheduled for an in-person psychiatric evaluation within the next 24 hours. Nothing in this paragraph shall be construed to prevent a patient who receives a psychiatric evaluation using telemedicine and telehealth as provided in this paragraph from receiving a subsequent, in-person psychiatric evaluation in connection with the same treatment event, provided that the subsequent in-person psychiatric evaluation is necessary to meet standard of care requirements for that patient.

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.

SOURCE: NJ Statute C.45:1-62. (Accessed Apr. 2022).

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.

SOURCE: NJ Statute C.45:1-63(3). (Accessed Apr. 2022).

A health care practitioner may initially authorize any qualifying patient for the medical use of cannabis using telemedicine or telehealth, provided that the use of telemedicine or telehealth, rather than an in-person visit, is consistent with the standard of care required for assessment and treatment of the patient’s condition.  Following the initial authorization, the practitioner may provide continued authorization for the use of medical cannabis via telemedicine or telehealth if the practitioner determines that an in-person visit is not required, consistent with the standard of care.  The practitioner may require in-office consultations if additional consultations are necessary to continue to authorize the patient’s use of medical cannabis.

See statute for additional requirements.

SOURCE:  NJ Statute C.24:6I-5.1, (Accessed (Apr. 2022)..

Licensee-client relationship

Board of Marriage and Family Therapy Examiners

Prior to providing services through telemedicine or telehealth, a licensee shall establish a licensee-client relationship by:

  •  Identifying the client with, at a minimum, the client’s name, date of birth, phone number, and address. A licensee may also use a client’s assigned identification number, Social Security number, photo, health insurance policy number, or other identifier associated directly with the client; and
  • Disclosing and validating the licensee’s identity, license, title, and, if applicable, specialty and board certifications.

Prior to initiating contact with a client for the purpose of providing services to the client using telemedicine or telehealth, a licensee shall:

  • Review the client’s medical history and any available medical records that are relevant to the provision of marriage and family services;
  • Determine, as to each unique client encounter, whether he or she will be able to provide the same standard of care using telemedicine or telehealth as would be provided if the services were provided in-person; and
  • Provide the client the opportunity to sign a consent form that authorizes the licensee to release client records of the encounter to the client’s primary care licensee or other healthcare provider identified by the client.

Notwithstanding (a) and (b) above, marriage and family therapy services may be provided through telemedicine or telehealth without a proper licensee-client relationship if the provision of marriage and family therapy services is:

  • For informal consultations with another healthcare provider performed by a licensee outside the context of a contractual relationship, or on an irregular or infrequent basis, without the expectation or exchange of direct or indirect compensation;
  • During episodic consultations by a healthcare specialist located in another jurisdiction who provides consultation services, upon request, to a licensee in this State;
  • Related to healthcare assistance provided in response to an emergency or disaster, provided that there is no charge for the medical assistance; or
  • Provided by a substitute licensee acting on behalf and at the designation of an absent licensee in the same specialty on an on-call or cross-coverage basis.

SOURCE: NJ Administrative Code 13:34-6A.4. (Accessed Apr. 2022).

Prior to providing services through telemedicine or telehealth, a licensee shall establish a licensee-client relationship by:

  • Identifying the client with, at a minimum, the client’s name, date of birth, phone number, and address. A licensee may also use a client’s assigned identification number, Social Security number, photo, health insurance policy number, or other identifier associated directly with the client; and
  • Disclosing and validating the licensee’s identity, license, title, and, if applicable, specialty and Committee certifications.

Prior to initiating contact with a client for the purpose of providing services to the client using telemedicine or telehealth, a licensee shall:

  • Review the client’s history, including medical history, provided by the client and any other records provided by the client;
  • Determine as to each unique client encounter whether he or she will be able to provide the same standard of care using telemedicine or telehealth as would be provided if the services were provided in-person; and
  • Provide the client the opportunity to sign a consent form that authorizes the licensee to release client records of the encounter to the client’s primary care licensee or other healthcare provider identified by the client.

Notwithstanding (a) and (b) above, professional counseling or rehabilitation counseling, as applicable, may be provided through telemedicine or telehealth without a proper licensee-client relationship if the provision of professional counseling or rehabilitation counseling, as applicable, is:

  • For informal consultations with another healthcare provider performed by a licensee outside the context of a contractual relationship, or on an irregular or infrequent basis, without the expectation or exchange of direct or indirect compensation;
  • During episodic consultations by a healthcare specialist located in another jurisdiction who provides consultation services, upon request, to a licensee in this State;
  • Related to healthcare assistance provided in response to an emergency or disaster, provided that there is no charge for the medical assistance; or
  • Provided by a substitute licensee acting on behalf and at the designation of an absent licensee in the same specialty on an on-call or cross-coverage basis.

SOURCE: NJ Administrative Code  13:34-32.4. (Accessed Apr. 2022).

Board of Medical Examiners-Electrologists

Prior to providing services through telemedicine or telehealth, a licensee shall establish a licensee-client relationship by:

  • Identifying the client with, at a minimum, the client’s name, date of birth, phone number, and address. A licensee may also use a client’s assigned identification number, Social Security number, photo, health insurance policy number, or other identifier associated directly with the client; and
  • Disclosing and validating the licensee’s identity, license, title, and, if applicable, specialty and board certifications.

Prior to initiating contact with a client for the purpose of providing services to the client using telemedicine or telehealth, a licensee shall:

  • Review the client’s medical history and any available medical records, to the extent they relate to the practice of electrology;
  • Determine, as to each unique client encounter, whether he or she will be able to provide the same standard of care using telemedicine or telehealth as would be provided if the services were provided in-person; and
  • Provide the client the opportunity to sign a consent form which authorizes the licensee to release client records of the encounter to the client’s primary care licensee or other healthcare provider identified by the client.

Notwithstanding (a) and (b) above, electrology services may be provided through telemedicine or telehealth without a proper licensee-client relationship if the provision of electrology services is:

  • For informal consultations with another health care provider performed by a licensee outside the context of a contractual relationship, or on an irregular or infrequent basis, without the expectation or exchange of direct or indirect compensation;
  • During episodic consultations by a health care specialist located in another jurisdiction who provides consultation services, upon request, to a licensee in this State;
  • Related to health care assistance provided in response to an emergency or disaster, provided that there is no charge for the medical assistance; or
  • Provided by a substitute licensee acting on behalf and at the designation of an absent licensee in the same specialty on an on-call or cross-coverage basis.

SOURCE: NJ Administrative Code 13:35-12A.4. (Accessed Apr. 2022).

Board of Medical Examiners

Prior to providing services through telemedicine or telehealth, a licensee shall establish a licensee-patient relationship by:

  • Identifying the patient with, at a minimum, the patient’s name, date of birth, phone number, and address. A licensee may also use a patient’s assigned identification number, Social Security number, photo, health insurance policy number, or other identifier associated directly with the patient; and
  • Disclosing and validating the licensee’s identity, license, title, and, if applicable, specialty and board certifications.

Prior to initiating contact with a patient for the purpose of providing services to the patient using telemedicine or telehealth, a licensee shall:

  • Review the patient’s medical history and any available medical records;
  • Determine as to each unique patient encounter, whether he or she will be able to provide the same standard of care using telemedicine or telehealth as would be provided if the services were provided in-person; and
  • Provide the patient the opportunity to sign a consent form that authorizes the licensee to release medical records of the encounter to the patient’s primary care provider or other healthcare provider identified by the patient.

Notwithstanding (a) and (b) above, health care services may be provided through telemedicine or telehealth without a proper licensee-patient relationship if the provision of health care services is:

  • For informal consultations with another healthcare provider performed by a licensee outside the context of a contractual relationship, or on an irregular or infrequent basis, without the expectation or exchange of direct or indirect compensation;
  • During episodic consultations by a medical specialist located in another jurisdiction who provides consultation services, upon request, to a licensee in this State;
  • Related to medical assistance provided in response to an emergency or disaster, provided that there is no charge for the medical assistance; or
  • Provided by a substitute licensee acting on behalf of, and at the designation of, an absent licensee in the same specialty on an on-call or cross-coverage basis.

SOURCE: NJ Administrative Code 13:35-6B.4 & 13:35-2C.4. (Accessed Apr. 2022).

Board of Medical Examiners- Acupuncturists

Prior to providing services through telemedicine or telehealth, an acupuncturist shall establish an acupuncturist-patient relationship by:

  • Identifying the patient with, at a minimum, the patient’s name, date of birth, phone number, and address. An acupuncturist may also use a patient’s assigned identification number, Social Security number, photo, health insurance policy number, or other identifier associated directly with the patient; and
  • Disclosing and validating the acupuncturist’s identity, license, title, and, if applicable, specialty and board certifications.

Prior to an initial contact with a patient for the purpose of providing services to the patient using telemedicine or telehealth, an acupuncturist shall review the patient’s history and any available records.

Prior to initiating contact with a patient for the purpose of providing services through telemedicine or telehealth, an acupuncturist shall determine whether he or she will be able to provide the same standard of care using telemedicine or telehealth as would be provided if the services were provided in-person. The acupuncturist shall make this determination prior to each unique patient encounter.

Notwithstanding (a), (b), and (c) above, services may be provided through telemedicine or telehealth without a proper provider-patient relationship if:

  • The provision of services is for informal consultations with another healthcare provider performed by an acupuncturist outside the context of a contractual relationship, or on an irregular or infrequent basis, without the expectation or exchange of direct or indirect compensation;
  • The provision of services is during episodic consultations by a specialist located in another jurisdiction who provides consultation services, upon request, to an acupuncturist in this State;
  • An acupuncturist furnishes assistance in response to an emergency or disaster, provided that there is no charge for the medical assistance; or
  • A substitute acupuncturist, who is acting on behalf of an absent acupuncturist in the same specialty, provides health care services on an on-call or cross-coverage basis, provided that the absent acupuncturist has designated the substitute acupuncturist as an on-call acupuncturist or cross-coverage service provider.

SOURCE: NJ Administrative Code 13:35-9.24. (Accessed Apr. 2022).

Board of Medical Examiners-Limited Licenses Midwifery

Prior to providing services through telemedicine or telehealth, a licensee shall establish a licensee-patient relationship by:

  • Identifying the patient with, at a minimum, the patient’s name, date of birth, phone number, and address. A licensee may also use a patient’s assigned identification number, Social Security number, photo, health insurance policy number, or other identifier associated directly with the patient; and
  • Disclosing and validating the licensee’s identity, license, title, and, if applicable, specialty and board certifications.

Prior to an initial contact with a patient for the purpose of providing services to the patient using telemedicine or telehealth, a licensee shall review the patient’s history and any available records.

Prior to initiating contact with a patient for the purpose of providing services through telemedicine or telehealth, a licensee shall determine whether he or she will be able to provide the same standard of care using telemedicine or telehealth as would be provided if the services were provided in person. The licensee shall make this determination prior to each unique patient encounter.

Notwithstanding (a), (b), and (c) above, service may be provided through telemedicine or telehealth without a proper licensee-patient relationship if:

  • The provision of services is for informal consultations with another healthcare provider performed by a licensee outside the context of a contractual relationship, or on an irregular or infrequent basis, without the expectation or exchange of direct or indirect compensation;
  • The provision of services is during episodic consultations by a medical specialist located in another jurisdiction who provides consultation services, upon request, to a licensee in this State;
  • A licensee furnishes medical assistance in response to an emergency or disaster, provided that there is no charge for the medical assistance; or
  • A substitute licensee, who is acting on behalf of an absent licensee in the same specialty, provides health care services on an on-call or cross-coverage basis, provided that the absent licensee has designated the substitute licensee as an on-call licensee or cross-coverage service provider.

SOURCE: NJ Administrative Code 13:35-2A.21. (Accessed Apr. 2022).

Board of Medical Examiners – Licensed Genetic Counselor

Prior to providing services through telemedicine or telehealth, a licensed genetic counselor shall establish a licensed genetic counselor-patient relationship by:

  • Identifying the patient with, at a minimum, the patient’s name, date of birth, phone number, and address. A licensed genetic counselor may also use a patient’s assigned identification number, Social Security number, photo, health insurance policy number, or other identifier associated directly with the patient; and
  • Disclosing and validating the licensed genetic counselor’s identity, license, title, and, if applicable, specialty and board certifications.

Prior to an initial contact with a patient for the purpose of providing services to the patient using telemedicine or telehealth, a licensed genetic counselor shall review the patient’s history and any available records.

Prior to initiating contact with a patient for the purpose of providing services through telemedicine or telehealth, a licensed genetic counselor shall determine whether he or she will be able to provide the same standard of care using telemedicine or telehealth as would be provided if the services were provided in person. The licensed genetic counselor shall make this determination prior to each unique patient encounter.

Notwithstanding (a), (b), and (c) above, service may be provided through telemedicine or telehealth without a proper licensed genetic counselor-patient relationship if:

  • The provision of services is for informal consultations with another healthcare provider performed by a licensed genetic counselor outside the context of a contractual relationship, or on an irregular or infrequent basis, without the expectation or exchange of direct or indirect compensation;
  • The provision of services is during episodic consultations by a medical specialist located in another jurisdiction who provides consultation services, upon request, to a licensed genetic counselor in this State;
  • A licensed genetic counselor furnishes medical assistance in response to an emergency or disaster, provided that there is no charge for the medical assistance; or
  • A substitute licensed genetic counselor, who is acting on behalf of an absent licensed genetic counselor, provides health care services on an on-call or cross-coverage basis, provided that the absent licensed genetic counselor has designated the substitute licensed genetic counselor as an on-call licensed genetic counselor or cross-coverage service provider.

SOURCE: NJ Administrative Code 13:35-14.22. (Accessed Apr. 2022). 

Board of Medical Examiners – Hearing and Dispensers

Prior to providing services through telemedicine or telehealth, a licensee shall establish a licensee-patient relationship by:

  • Identifying the patient with, at a minimum, the patient’s name, date of birth, phone number, and address. A licensee may also use a patient’s assigned identification number, Social Security number, photo, health insurance policy number, or other identifier associated directly with the patient; and
  • Disclosing and validating the licensee’s identity, license, title, and, if applicable, specialty and board certifications.

Prior to an initial contact with a patient for the purpose of providing services to the patient using telemedicine or telehealth, a licensee shall review the patient’s history and any available records.

Prior to initiating contact with a patient for the purpose of providing services through telemedicine or telehealth, a licensee shall determine whether he or she will be able to provide the same standard of care using telemedicine or telehealth as would be provided if the services were provided in person. The licensee shall make this determination prior to each unique patient encounter.

Prior to initiating contact with a patient, a licensee shall provide the patient the opportunity to sign a consent form that authorizes the licensee to release records of the encounter to the patient’s primary care provider or other health care provider identified by the patient.

Notwithstanding (a), (b), and (c) above, service may be provided through telemedicine or telehealth without a proper provider-patient relationship if:

  • The provision of services is for informal consultations with another healthcare provider performed by a licensee outside the context of a contractual relationship, or on an irregular or infrequent basis, without the expectation or exchange of direct or indirect compensation;
  • The provision of services is during episodic consultations by a specialist located in another jurisdiction who provides consultation services, upon request, to a licensee in this State;
  • A licensee furnishes assistance in response to an emergency or disaster, provided that there is no charge for the assistance; or
  • A substitute licensee, who is acting on behalf of an absent licensee in the same specialty, provides health care services on an on-call or cross-coverage basis, provided that the absent licensee has designated the substitute licensee as an on-call licensee or cross-coverage service provider.

SOURCE: NJ Administrative Code 13:35-8.24, (Accessed Apr. 2022).

NJ Board of Nursing

Prior to providing services through telemedicine or telehealth, a licensee shall establish a licensee-patient relationship by:

  • Identifying the patient with, at a minimum, the patient’s name, date of birth, phone number, and address. A licensee may also use a patient’s assigned identification number, Social Security number, photo, health insurance policy number, or other identifier associated directly with the patient; and
  • Disclosing and validating the licensee’s identity, license, title, and, if applicable, specialty and board certifications.

Prior to initiating contact with a patient for the purpose of providing services to the patient using telemedicine or telehealth, a licensee shall:

  • Review the patient’s medical history and any available medical records;
  • Determine as to each unique patient encounter whether he or she will be able to provide the same standard of care using telemedicine or telehealth as would be provided if the services were provided in-person; and
  • Provide the patient the opportunity to sign a consent form which authorizes the licensee to release medical records of the encounter to the patient’s primary care provider or other health care provider identified by the patient.

Notwithstanding (a) and (b) above, health care services may be provided through telemedicine or telehealth without a proper licensee-patient relationship if the provision of health care services is:

  • For informal consultations with another healthcare provider performed by a licensee outside the context of a contractual relationship, or on an irregular or infrequent basis, without the expectation or exchange of direct or indirect compensation;
  • During episodic consultations by a medical specialist located in another jurisdiction who provides consultation services, upon request, to a licensee in this State;
  • Related to medical assistance provided in response to an emergency or disaster, provided that there is no charge for the medical assistance; or
  • Provided by a substitute licensee acting on behalf and at the designation of an absent licensee in the same specialty on an on-call or cross-coverage basis.

SOURCE: NJ Administrative Code 13:37-8A.4. (Accessed Apr. 2022).

Board of Physical Therapy

Prior to providing services through telemedicine or telehealth, a licensed physical therapist or licensed physical therapist assistant shall establish a licensed physical therapist or licensed physical therapist assistant-patient relationship by:

  • Identifying the patient with, at a minimum, the patient’s name, date of birth, phone number, and address. A licensed physical therapist or licensed physical therapist assistant may also use a patient’s assigned identification number, Social Security number, photo, health insurance policy number, or other identifier associated directly with the patient; and
  • Disclosing and validating the licensed physical therapist or licensed physical therapist assistant’s identity, license, title, and, if applicable, specialty and board certifications.

Prior to an initial contact with a patient for the purpose of providing services to the patient using telemedicine or telehealth, a licensed physical therapist or licensed physical therapist assistant shall review the patient’s history and any available records.

Prior to initiating contact with a patient for the purpose of providing services through telemedicine or telehealth, a licensed physical therapist or licensed physical therapist assistant shall determine whether he or she will be able to provide the same standard of care using telemedicine or telehealth as would be provided if the services were provided in-person. The licensed physical therapist or licensed physical therapist assistant shall make this determination prior to each unique patient encounter.

Prior to initiating contact with a patient, a licensed physical therapist or licensed physical therapist assistant shall provide the patient the opportunity to sign a consent form that authorizes the licensed physical therapist or licensed physical therapist assistant to release records of the encounter to the patient’s primary care licensed physical therapist or other health care provider identified by the patient.

Notwithstanding (a), (b), and (c) above, service may be provided through telemedicine or telehealth without a proper provider-patient relationship if:

  • The provision of services is for informal consultations with another healthcare provider performed by a licensed physical therapist or licensed physical therapist assistant outside the context of a contractual relationship, or on an irregular or infrequent basis, without the expectation or exchange of direct or indirect compensation;
  • The provision of services is during episodic consultations by a specialist located in another jurisdiction who provides consultation services, upon request, to a licensed physical therapist or licensed physical therapist assistant in this State;
  • A licensed physical therapist or licensed physical therapist assistant furnishes assistance in response to an emergency or disaster, provided that there is no charge for the assistance; or
  • A substitute licensed physical therapist or licensed physical therapist assistant, who is acting on behalf of an absent licensed physical therapist or licensed physical therapist assistant in the same specialty, provides health care services on an on-call or cross-coverage basis, provided that the absent licensed physical therapist or licensed physical therapist assistant has designated the substitute licensed physical therapist or licensed physical therapist assistant as an on-call licensed physical therapist or licensed physical therapist assistant or cross-coverage service provider.

SOURCE: NJ Administrative Code 13:39A-10.4. (Accessed Apr. 2022).

Board of Psychological Examiners

Prior to providing psychological services through telemedicine or telehealth, a licensee shall establish a licensee-client relationship by:

  • Identifying the client with, at a minimum, the client’s name, date of birth, phone number, and address. A licensee may also use a client’s assigned identification number, Social Security number, photo, health insurance policy number, or other identifier associated directly with the client; and
  • Disclosing and validating the licensee’s identity, license, title, and, if applicable, specialty and board certifications.

Prior to an initial contact with a client for the purpose of providing psychological services to the client using telemedicine or telehealth, a licensee shall review the client’s history and any available records.

Prior to initiating contact with a client for the purpose of providing psychological services through telemedicine or telehealth, a licensee shall determine whether he or she will be able to provide the same standard of care using telemedicine or telehealth as would be provided if the psychological services were provided in person. The licensee shall make this determination prior to each unique client encounter.

Notwithstanding (a), (b), and (c) above, psychological service may be provided through telemedicine or telehealth without a proper provider-client relationship if:

  • The provision of psychological services is for informal consultations with another healthcare provider performed by a licensee outside the context of a contractual relationship, or on an irregular or infrequent basis, without the expectation or exchange of direct or indirect compensation;
  • The provision of psychological services is during episodic consultations by a medical and/or psychological specialist located in another jurisdiction who provides consultation psychological services, upon request, to a licensee in this State;
  • A licensee furnishes assistance in response to an emergency or disaster, provided that there is no charge for the assistance; or
  • A substitute licensee, who is acting on behalf of an absent licensee in the same specialty, provides psychological services on an on-call or cross-coverage basis, provided that the absent licensee has designated the substitute licensee as an on-call licensee or cross-coverage psychological service provider.

SOURCE: NJ Administrative Code 13:42-13.4. (Accessed Apr. 2022). 

Audiology and Speech Language Pathology  Advisory Committee

Prior to providing services through telemedicine or telehealth, a licensee shall establish a licensee-patient relationship by:

  • Identifying the patient with, at a minimum, the patient’s name, date of birth, phone number, and address. A licensee may also use a patient’s assigned identification number, Social Security number, photo, health insurance policy number, or other identifier associated directly with the patient; and
  • Disclosing and validating the licensee’s identity, license, title, and, if applicable, specialty and board certifications.

Prior to an initial contact with a patient for the purpose of providing services to the patient using telemedicine or telehealth, a licensee shall review the patient’s history and any available records.

Prior to initiating contact with a patient for the purpose of providing services through telemedicine or telehealth, a licensee shall determine whether he or she will be able to provide the same standard of care using telemedicine or telehealth as would be provided if the services were provided in person. The licensee shall make this determination prior to each unique patient encounter.

Prior to initiating contact with a patient, a licensee shall provide the patient the opportunity to sign a consent form that authorizes the licensee to release records of the encounter to the patient’s primary care licensee or other health care provider identified by the patient.

Notwithstanding (a), (b), and (c) above, services may be provided through telemedicine or telehealth without a proper licensee-patient relationship if:

  • The provision of services is for informal consultations with another healthcare provider performed by a licensee outside the context of a contractual relationship, or on an irregular or infrequent basis, without the expectation or exchange of direct or indirect compensation;
  • The provision of services is during episodic consultations by a specialist located in another jurisdiction who provides consultation services, upon request, to a licensee in this State;
  • A licensee furnishes assistance in response to an emergency or disaster, provided that there is no charge for the assistance; or
  • A substitute licensee, who is acting on behalf of an absent licensee in the same specialty, provides health care services on an on-call or cross-coverage basis, provided that the absent licensee has designated the substitute licensee as an on-call licensee or cross-coverage service provider.

SOURCE: NJ Administrative Code 13:44C-11.4. (Accessed Apr. 2022).

Board of Social Work Examiners

Prior to providing services through telemedicine or telehealth, a licensee shall establish a licensee-client relationship by:

  • Identifying the client with, at a minimum, the client’s name, date of birth, phone number, and address. A licensee may also use a client’s assigned identification number, Social Security number, photo, health insurance policy number, or other identifier associated directly with the client; and
  • Disclosing and validating the licensee’s identity, license, title, and, if applicable, specialty and board certifications.

Prior to an initial contact with a client for the purpose of providing services to the client using telemedicine or telehealth, a licensee shall review the client’s history provided by the client and any records provided by the client.

Prior to initiating contact with a client for the purpose of providing services through telemedicine or telehealth, a licensee shall determine whether he or she will be able to provide the same standard of care using telemedicine or telehealth as would be provided if the services were provided in-person. The licensee shall make this determination prior to each unique client encounter.

Notwithstanding (a), (b), and (c) above, service may be provided through telemedicine or telehealth without a proper licensee-client relationship if:

  • The provision of services is for informal consultations with another healthcare provider performed by a licensee outside the context of a contractual relationship, or on an irregular or infrequent basis, without the expectation or exchange of direct or indirect compensation;
  • The provision of services is during episodic consultations by a specialist located in another jurisdiction who provides consultation services, upon request, to a licensee in this State;
  • A licensee furnishes assistance in response to an emergency or disaster, provided that there is no charge for the assistance; or
  • A substitute licensee, who is acting on behalf of an absent licensee in the same specialty, provides health care services on an on-call or cross-coverage basis, provided that the absent licensee has designated the substitute licensee as an on-call licensee or cross-coverage service provider.

SOURCE: NJ Administrative Code 13:44G-15.4. (Apr. 2022).

Alcohol and Drug Counselor Committee

Prior to providing services through telemedicine or telehealth, a licensee shall establish a licensee-client relationship by:
  • Identifying the client with, at a minimum, the client’s name, date of birth, phone number, and address. A licensee may also use a client’s assigned identification number, Social Security number, photo, health insurance policy number, or other identifier associated directly with the client; and
  • Disclosing and validating the licensee’s identity, license, title, and, if applicable, specialty and Committee certifications.
Prior to initiating contact with a client for the purpose of providing services to the client using telemedicine or telehealth, a licensed clinical alcohol and drug counselor shall:
  • Review the client’s medical history and any available medical records that are relevant to substance use and addictive disorders and mental health history;
  • Determine, as to each unique client encounter, whether he or she will be able to provide the same standard of care using telemedicine or telehealth as would be provided if the services were provided in-person; and
  • Provide the client the opportunity to sign a consent form that authorizes the licensed clinical alcohol and drug counselor or the agency employing the licensee to release client records of the encounter to the client’s primary care licensed clinical alcohol and drug counselor or other healthcare provider identified by the client.
Prior to initiating contact with a client for the purpose of providing services to the client using telemedicine or telehealth, a certified alcohol and drug counselor shall:
  • Have his or her supervising licensed clinical alcohol and drug counselor comply with (b)1, 2, and 3 above; and
  • After the supervising licensed clinical alcohol and drug counselor conducts the review and makes the determination required at (b) above, satisfy the requirements of (b)1 and 2.
Notwithstanding (a), (b), and (c) above, alcohol and drug counseling may be provided through telemedicine or telehealth without a proper licensee-client relationship if the provision of alcohol and drug counseling is:
  • For informal consultations with another healthcare provider performed by a licensee outside the context of a contractual relationship, or on an irregular or infrequent basis, without the expectation or exchange of direct or indirect compensation;
  • During episodic consultations by a healthcare specialist located in another jurisdiction who provides consultation services, upon request, to a licensee in this State;
  • Related to health care assistance provided in response to an emergency or disaster, provided that there is no charge for the mental health assistance; or
  • Provided by a substitute licensee acting on behalf, and at the designation, of an absent licensee in the same specialty on an on-call or cross-coverage basis.

SOURCE: NJ Administrative Code 13:34C-7.4. (Accessed Apr. 2022).

Occupational Therapy Advisory Council

Prior to providing services through telemedicine or telehealth, a licensee shall establish a licensee-client relationship by:

  • Identifying the client with, at a minimum, the client’s name, date of birth, phone number, and address. A licensee may also use a client’s assigned identification number, Social Security number, photo, health insurance policy number, or other identifier associated directly with the client; and
  • Disclosing and validating the licensed occupational therapist or occupational therapy assistant’s identity, license, title, and, if applicable, specialty and board certifications.

Prior to initiating contact with a client for the purpose of providing services to the client using telemedicine or telehealth, a licensee shall:

  • Review the client’s medical history, any available medical records, and any other relevant client records including, but not limited to, educational, vocational, or social records;
  • Determine as to each unique client encounter whether he or she will be able to provide the same standard of care using telemedicine or telehealth as would be provided if the services were provided in-person; and
  • Provide the client the opportunity to sign a consent form that authorizes the licensee to release client records of the encounter to the client’s primary care licensee or other health care provider identified by the client.

Notwithstanding (a) and (b) above, occupational therapy services may be provided through telemedicine or telehealth without a proper licensee-client relationship if the provision of occupational therapy services is:

  • For informal consultations with another health care provider performed by a licensee outside the context of a contractual relationship, or on an irregular or infrequent basis, without the expectation or exchange of direct or indirect compensation;
  • During episodic consultations by a health care specialist located in another jurisdiction who provides consultation services, upon request, to a licensee in this State;
  • Related to health care assistance provided in response to an emergency or disaster, provided that there is no charge for the medical assistance; or
  • Provided by a substitute licensee acting on behalf, and at the designation, of an absent licensee in the same specialty on an on-call or cross-coverage basis.

SOURCE: NJ Administrative Code 13:44K-7.4. (Accessed Apr. 2022).

New Jersey Board of Dentistry

Prior to providing services through telemedicine or telehealth, a licensee shall establish a licensee-patient relationship by:

  • Identifying the patient with, at a minimum, the patient’s name, date of birth, phone number, and address. A licensed dentist may also use a patient’s assigned identification number, Social Security number, photo, health insurance policy number, or other identifier associated directly with the patient; and
  • Disclosing and validating the licensee’s identity, license, title, and, if applicable, professional certifications.

Prior to initiating contact with a patient for the purpose of providing services to the patient using telemedicine or telehealth, a licensed dentist shall:

  • Review the patient’s medical and dental history and any available dental records;
  • Determine as to each unique patient encounter whether the licensee will be able to provide the same standard of care using telemedicine or telehealth as would be provided if the services were provided in-person; and
  •  Provide the patient the opportunity to sign a consent form that authorizes the licensed dentist to release dental records of the encounter to the patient’s primary care licensed dentist or other healthcare provider identified by the patient.

Notwithstanding (a) and (b) above, health care services may be provided through telemedicine or telehealth without a proper licensed dentist-patient relationship if the provision of health care services is:

  • For informal consultations with another healthcare provider performed by a licensee outside the context of a contractual relationship, or on an irregular or infrequent basis, without the expectation or exchange of direct or indirect compensation;
  • During episodic consultations by a medical or dental specialist located in another jurisdiction who provides consultation services, upon request, to a licensee in this State;
  • Related to dental assistance provided in response to an emergency or disaster, provided that there is no charge for the dental assistance; or
  • Provided by a substitute licensee acting on behalf, and at the designation of, an absent licensee in the same specialty on an on-call or cross-coverage basis.

SOURCE: NJ Administrative Code 13:30-9.4. (Accessed Apr. 2022).

Board of Respiratory Care

Prior to providing services through telemedicine or telehealth, a licensee shall establish a licensee-patient relationship by:

  • Identifying the patient with, at a minimum, the patient’s name, date of birth, phone number, and address. A licensee may also use a patient’s assigned identification number, Social Security number, photo, health insurance policy number, or other identifier associated directly with the patient; and
  • Disclosing and validating the licensee’s identity, license, title, and, if applicable, specialty and board certifications.

Prior to initiating contact with a patient for the purpose of providing services to the patient using telemedicine or telehealth, a licensee shall:

  • Review the patient’s medical history and any available medical records;
  • Determine as to each unique patient encounter whether he or she will be able to provide the same standard of care using telemedicine or telehealth as would be provided if the services were provided in-person; and
  • Provide the patient the opportunity to sign a consent form that authorizes the licensee to release medical records of the encounter to the patient’s primary care licensee or other healthcare provider identified by the patient.

Notwithstanding (a) and (b) above, health care services may be provided through telemedicine or telehealth without a proper licensee-patient relationship if the provision of health care services is:

  • For informal consultations with another healthcare provider performed by a licensee outside the context of a contractual relationship, or on an irregular or infrequent basis, without the expectation or exchange of direct or indirect compensation;
  • During episodic consultations by a medical specialist located in another jurisdiction who provides consultation services, upon request, to a licensee in this State;
  • Related to medical assistance provided in response to an emergency or disaster, provided that there is no charge for the medical assistance; or
  • Provided by a substitute licensee acting on behalf, and at the designation, of an absent licensee in the same specialty on an on-call or cross-coverage basis.

SOURCE: NJ Administrative Code 13:44F-11.4. (Accessed Apr. 2022).

Prescriptions

Board of Medical Examiners- Physician Assistants

Notwithstanding requirements for in-person interaction at N.J.A.C. 13:35-7, a licensee providing services through telemedicine or telehealth may issue a prescription to a patient, as long as the issuance of such a prescription is consistent with the standard of care or practice standards applicable to the in-person setting.

A licensee shall not issue a prescription based solely on responses provided in an online questionnaire, unless the licensee has established a proper licensee-patient relationship pursuant to N.J.A.C. 13:35-2C.4.

Notwithstanding (a) above, and except as provided at (d) below, a licensee shall not issue a prescription for a Schedule II controlled dangerous substance, unless the licensee has had an initial in-person examination of the patient and a subsequent in-person visit with the patient at least every three months for the duration of the time the patient is prescribed the Schedule II controlled dangerous substance.

The prohibition of (c) above shall not apply when a licensee prescribes a stimulant for a patient under the age of 18 years, as long as the licensee is using interactive, real-time, two-way audio and video technologies and the licensee has obtained written consent for a waiver of in-person examination requirements from the patient’s parent or guardian.

SOURCE: NJ Administrative Code 13:35-2C.6. (Accessed Apr. 2022).

Board of Medical Examiners

Notwithstanding the requirements for in-person interaction in N.J.A.C. 13:35-7 , a licensee providing services through telemedicine or telehealth may issue a prescription to a patient, if the issuance of such a prescription is consistent with the standard of care or practice standards applicable to the in-person setting.

A licensee shall not issue a prescription based solely on responses provided in an online questionnaire, unless the licensee has established a proper licensee-patient relationship pursuant to N.J.A.C. 13:35-6B.4 .

Notwithstanding (a) above, and except as provided in (d) below, a licensee shall not issue a prescription for a Schedule II controlled dangerous substance unless the licensee has had an initial in-person examination of the patient and a subsequent in-person visit with the patient at least every three months for the duration of the time the patient is prescribed the Schedule II controlled dangerous substance.

The prohibition of (c) above shall not apply when a licensee prescribes a stimulant for a patient under the age of 18 years, as long as the licensee is using interactive, real-time, two-way audio and video technologies and the licensee has obtained written consent for a waiver of in-person examination requirements from the patient’s parent or guardian.

SOURCE: NJ Administrative Code 13:35-6B.6. (Accessed Apr. 2022).

Board of Veterinary Medical Examiners

A licensee providing services through telemedicine or telehealth may issue a prescription to a patient, as long as the issuance of such a prescription is consistent with the standard of care or practice standards applicable to the in-person setting.

A licensee shall not issue a prescription based solely on responses provided in an online questionnaire, unless the licensee has established a proper licensee-client-patient relationship pursuant to N.J.A.C. 13:44-4A.4.

Notwithstanding (a) above, a licensee shall not issue a prescription for a Schedule II controlled dangerous substance unless the licensee has had an initial in-person examination of the patient and a subsequent in-person visit with the patient at least every three months for the duration of the time the patient is prescribed the Schedule II controlled dangerous substance.

SOURCE: NJ Administrative Code 13:44-4A.6. (Accessed Apr. 2022).

Board of Medical Examiners-Limited Licenses Midwifery

Notwithstanding requirements for in-person interaction in N.J.A.C. 13:35-7 , a certified nurse midwife (CNM) with prescriptive authority pursuant to N.J.A.C. 13:35-2A.14 providing services through telemedicine or telehealth may issue a prescription to a patient, as long as the issuance of such a prescription is consistent with the standard of care or practice standards applicable to the in-person setting.

A CNM with prescriptive authority pursuant to N.J.A.C. 13:35-2A.14 shall not issue a prescription based solely on responses provided in an online questionnaire, unless the CNM has established a proper licensee-patient relationship pursuant to N.J.A.C. 13:35-2A.21 .

Notwithstanding (a) above, and except as provided in (d) below, a CNM with prescriptive authority pursuant to N.J.A.C. 13:35-2A.14 shall not issue a prescription for a Schedule II controlled dangerous substance unless the CNM has had an initial in-person examination of the patient and a subsequent in-person visit with the patient at least every three months for the duration of the time the patient is prescribed the Schedule II controlled dangerous substance.

The prohibition of (c) above shall not apply when a CNM with prescriptive authority pursuant to N.J.A.C. 13:35-2A.14 prescribes a stimulant for a patient under the age of 18 years, as long as the CNM is using interactive, real-time, two-way audio and video technologies and the CNM has obtained written consent for a waiver of in-person examination requirements from the patient’s parent or guardian.

SOURCE: NJ Administrative Code 13:35-2A.23. (Accessed Apr. 2022).

NJ Board of Nursing

An advanced practice nurse providing services through telemedicine or telehealth may issue a prescription to a patient, as long as the issuance of such a prescription is consistent with the standard of care or practice standards applicable to the in-person setting.

An advanced practice nurse shall not issue a prescription based solely on responses provided in an online questionnaire, unless the advanced practice nurse has established a proper licensee-patient relationship pursuant to N.J.A.C. 13:37-8A.4.

Notwithstanding (a) above, and except as provided in (d) below, an advanced practice nurse shall not issue a prescription for a Schedule II controlled dangerous substance unless the advanced practice nurse has had an initial in-person examination of the patient and a subsequent in-person visit with the patient at least every three months for the duration of the time the patient is prescribed the Schedule II controlled dangerous substance.

The prohibition of (c) above shall not apply when an advanced practice nurse prescribes a stimulant for a patient under the age of 18 years, as long as the advanced practice nurse is using interactive, real-time, two-way audio and video technologies and the advanced practice nurse has obtained written consent for a waiver of in-person examination requirements from the patient’s parent or guardian.

SOURCE: NJ Administrative Code 13:37-8A.6. (Accessed Apr. 2022).

Last updated 04/12/2022

Professional Board Standards

Orthotics and Prosthetics Board of Examiners

SOURCE: NJ Administrative Code 13:44H-11.1.  (Accessed Apr. 2022).

Board of Marriage and Family Therapy Examiners

SOURCE: NJ Administrative Code 13:34-6A & 13:34-32.  (Accessed Apr. 2022).

Board of Marriage and Family Therapy Examiners – Art Therapist Advisory Committee

SOURCE: NJ Administrative Code 13:34D-8.  (Accessed Apr. 2022).

Genetic Counseling

SOURCE: NJ Administrative Code 13:35-14.19 through 13:35-14.26.  (Accessed Apr. 2022).

Acupuncture Examining Board

SOURCE: NJ Administrative Code 13:35-9.21 through 9.28.  (Accessed Apr. 2022).

Board of Nursing

SOURCE: NJ Administrative Code 13:37-8A.  (Accessed Apr. 2022).

Audiology and Speech Language Pathology

SOURCE: NJ Administrative Code  13:44C-11.  (Accessed Apr. 2022).

Board of Physical Therapy

SOURCE: NJ Administrative Code 13.39A-10.  (Accessed Apr. 2022).

Board of Psychological Examiners

SOURCE: NJ Administrative Code 13:42-13.  (Accessed Apr. 2022).

Board of Social Work

SOURCE: NJ Administrative Code 13:44G-15.  (Accessed Apr. 2022).

Board of Medical Examiners

SOURCE: NJ Administrative Code 13:35-8, 13:35-6B, 13:35-2B.3(c), 13:35-2C, 13:35-2A & 13:35-12A. (Accessed Apr. 2022).

Board of Respiratory Care

SOURCE: NJ Administrative Code 13:44F-11. (Accessed Apr. 2022).

Board of Veterinary Medical Examiners

SOURCE: NJ Administrative Code 13:44-4A. (Accessed Apr. 2022). 

Registration Standards for Telemedicine and Telehealth Organizations

SOURCE: NJ Administrative Code 8:53-1. (Accessed Apr. 2022).

Occupational Therapy Advisory Council

SOURCE: NJ Administrative Code 13:44K-7. (Accessed Apr. 2022).

Alcohol and Drug Counselor Committee

SOURCE: NJ administrative Code 13:34C. (Accessed Apr. 2022).

New Jersey Board of Dentistry

SOURCE: NJ Administrative Code 13:30-9. (Accessed Apr. 2022).

Board of Respiratory Care

SOURCE: NJ Administrative Code 13:44F-11. (Accessed Apr. 2022).