Last updated 12/06/2021
Consent Requirements
At the time the patient requests health care services to be provided using telemedicine or telehealth, the patient shall be clearly advised that the telemedicine or telehealth encounter may be with a health care provider who is not a physician, and that the patient may specifically request that the telemedicine or telehealth encounter be scheduled with a physician. If the patient requests that the telemedicine or telehealth encounter be with a physician, the encounter shall be scheduled with a physician. See statute for requirements if the health care provider is not a physician.
Following the provision of services using telemedicine or telehealth, the patient’s medical information shall be entered into the patient’s medical record, whether the medical record is a physical record, an electronic health record, or both, and, if so requested by the patient, forwarded directly to the patient’s primary care provider, health care provider of record, or any other health care providers as may be specified by the patient. For patients without a primary care provider or other health care provider of record, the health care provider engaging in telemedicine or telehealth may advise the patient to contact a primary care provider, and, upon request by the patient, shall assist the patient with locating a primary care provider or other in-person medical assistance that, to the extent possible, is located within reasonable proximity to the patient. The health care provider engaging in telemedicine or telehealth shall also refer the patient to appropriate follow up care where necessary, including making appropriate referrals for in-person care or emergency or complementary care, if needed. Consent may be oral, written, or digital in nature, provided that the chosen method of consent is deemed appropriate under the standard of care.
Consent for the waiver of in-person examination for the prescription of Schedule II controlled substances for a minor from the patient’s parent or guardian is also required.
SOURCE: NJ Statute C.45:1-62 as amended by S2559, (Accessed Jan. 2022).
Prior to initiating contact with a client for the purpose of providing services to the client using telemedicine or telehealth, a licensee shall:
- 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.
SOURCE: NJ Administrative Code 13:34-32.4, 13:35-2C.4, 13:37-8A.4, 13:35-12A.4, 13:35-6B.4 & 13:34-6A.4 . (Accessed Dec. 2021).
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.
SOURCE: NJ Administrative Code 13:35-8.24 & 13:44C-11.4. (Accessed Dec. 2021).
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.
SOURCE: NJ Administrative Code 13:39A-10.4. (Accessed Dec. 2021).
Prior to an initial contact with a patient for the purpose of providing services to the patient using telemedicine or telehealth, a licensee shall:
- Provide the client 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 client.
SOURCE: NJ Administrative Code 13:44-4A.4. (Accessed Jan. 2022).
Last updated 12/06/2021
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), as amended by S 2559 (Accessed Jan. 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 Dec. 2021).
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 Dec. 2021).
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 Dec. 2021).
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 Dec. 2021).
Recently Adopted Rule
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 Dec. 2021).
Recently Adopted Rule
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 Dec. 2021).
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 Dec. 2021).
Recently Adopted Rule
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 Dec. 2021).
Recently Adopted Rule
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 Dec. 2021).
Recently Adopted Rule
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 Dec. 2021).
Recently Adopted Rule
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 Dec. 2021).
Recently Adopted Rule (Now Effective)
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 Dec. 2021).
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 Dec. 2021).
Last updated 12/06/2021
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, as amended by NJ S2559. (Accessed Jan. 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, 13:34-6A.2, 13:34-32.2, 13:35-8.22, 13:35-9.22, 13:35-2A.19, 13:35-12A.2, 13:37-8A.2, 13:39A-10.2, 13:42-13.2, 13:44G-15.2, 13:44C-11.2, 13:35-14.20, 13:35-2C.2, 13:35-6B.2, 13:44-4A.2 ,Title 8 8:53-1.3 (Accessed Jan. 2022).
Last updated 12/03/2021
Licensure Compacts
Member of Nurse Licensure Compact.
SOURCE: NCSBN, Nurse Licensure Compact, (Accessed Dec. 2021).
Member of the Physical Therapy Compact.
SOURCE: Compact Map. Physical Therapy Compact. (Accessed Dec. 2021).
Member of the Psychology Interjurisdictional Compact.
SOURCE: PSYPACT Compact Map (Accessed Dec. 2021).
* See Compact websites for implementation and license issuing status and other related requirements.
Last updated 12/03/2021
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 Dec. 2021).
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 Dec. 2021).
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 allow for the electronic transmission of images, diagnostics, data, and medical information; except that the health care provider may use interactive, real-time, two-way audio in combination with asynchronous store-and-forward technology, without video capabilities, if, after accessing and reviewing the patient’s medical records, the provider determines that the provider is able to meet the same standard of care as if the health care services were being provided in person.
See statute for additional telemedicine/telehealth practice standards.
SOURCE: NJ Statute C.45:1-62(c)(2). (Accessed Dec. 2021).
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 Dec. 2021).
Recently Adopted Rule (Now Effective)
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 Dec. 2021).
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 Jan. 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 Dec. 2021).
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 Dec. 2021).
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 Dec. 2021).
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 Dec. 2021).
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 Dec. 2021).
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 Dec. 2021).
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. (Accessed Dec. 2021).
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 Dec. 2021).
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 Jan. 2022).
Last updated 12/06/2021
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 as amended by S2559, (Accessed Jan. 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 Dec. 2021).
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, & Senate Bill 619 (2021 Session), (Accessed Dec. 2021).
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 & 13:34-32.4. (Accessed Dec. 2021).
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 Dec. 2021).
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.
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 Dec. 2021).
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.
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 Dec. 2021).
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 Dec. 2021).
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 Jan. 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.
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 Jan. 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 Dec. 2021).
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 Dec. 2021).
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 Dec. 2021).
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 Jan. 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. (Jan. 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 Dec. 2021).
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 Dec. 2021).
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 Dec. 2021).
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 Dec. 2021).
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 Dec. 2021).
