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. 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 Dec. 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 Dec. 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 Dec. 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 Dec. 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 Dec. 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. 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 Dec. 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. 2022).
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. 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 Dec. 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 Dec. 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 Dec. 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 Dec. 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 Dec. 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 Dec. 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 Dec. 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 Dec. 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 Dec. 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 Dec. 2022).
Certified Psychoanalysts Advisory Committee
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.
SOURCE: NJ Administrative Code 13:42A-8.3. (Accessed Dec. 2022).
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