Codifies certain requirements and stipulations for licensed veterinarians to engage in telemedicine and telehealth.

A1499

ASSEMBLY, No. 1499

STATE OF NEW JERSEY

222nd LEGISLATURE

�

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Assemblyman ROY FREIMAN

District 16 (Hunterdon, Mercer, Middlesex and Somerset)

Assemblywoman ROSAURA "ROSY" BAGOLIE

District 27 (Essex and Passaic)

SYNOPSIS

���� Codifies certain requirements and stipulations for
licensed veterinarians to engage in telemedicine and telehealth.

CURRENT VERSION OF TEXT

���� Introduced Pending Technical Review by Legislative
Counsel.

��

An Act
concerning the use of telemedicine and telehealth by
veterinarians and supplementing Title 45 of the Revised Statutes.

����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:

���� 1.� As used in this act:

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

���� "Client" means a
patient's owner, owner's agent, or other person responsible for the patient.

���� "Cross-coverage
service" means a licensee who engages in a remote medical evaluation of a
patient, without in-person contact, at the request of another licensee who has
established a proper licensee-client-patient relationship with the patient.

���� "Distant site" means
a site at which a licensee is located while providing health care services by
means of telemedicine or telehealth.

���� "Licensee" means an
individual licensed by the board as a veterinarian.

���� "On-call" means a
licensee is available, where necessary, to physically attend to the urgent and
follow-up needs of a patient for whom the licensee has temporarily assumed
responsibility, as designated by the patient's primary care licensee or other
health care provider of record.

���� "Originating site"
means a site at which a patient is located at the time that health care
services are provided to the patient by means of telemedicine or telehealth.

���� "Patient" means the
animal or group of animals receiving veterinary services from a licensee.

���� "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 in
accordance with the provisions of P.L.2017, c.117 (C.45:1-61 et seq.).

���� "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 licensee 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 licensee, and in accordance with the provisions of
P.L.2017, c.117 (C.45:1-61 et seq.)� "Telemedicine" does not include
the use, in isolation, of audio-only telephone conversation, electronic mail,
instant messaging, phone text, or facsimile transmission.

���� 2.��� a.� 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.

���� b.� 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.

���� c.� A licensee who determines
that services cannot be provided through telemedicine or telehealth pursuant to
subsection b. of this section shall advise the client to obtain services
in-person for the patient.

���� d.� 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.

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

���� (1) identifying the patient
and 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

���� (2) disclosing and validating
the licensee's identity, license, title, and, if applicable, specialty and
board certifications.

���� b.� Prior to an initial
contact with a patient for the purpose of providing services to the patient
using telemedicine or telehealth, a licensee shall:

���� (1) review the patient's
history and any available records;

���� (2) determine whether the
standard of care when using telemedicine or telehealth would be the same as the
standard provided if the services were rendered in-person. The licensee shall
make this determination prior to each unique patient encounter; and

���� (3) 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.

���� c.� Notwithstanding
subsections a. and b. of this section, service may be provided through
telemedicine or telehealth without a proper licensee-client-patient
relationship if:

���� (1) 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;

���� (2) 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;

���� (3) a licensee furnishes
medical assistance in response to an emergency or disaster, provided that there
is no charge for the medical assistance; or

���� (4) 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.

���� 4.��� a.� A licensee who has
satisfied the requirements of section 3 of this act may provide health care
services to a patient through the use of telemedicine and may engage in
telehealth to support and facilitate the provision of health care services to
patients.

���� b.� Prior to providing
services through telemedicine or telehealth, a licensee shall determine the
patient's originating site and record this information in the patient's record.

���� c.� A licensee providing
healthcare services through telemedicine shall use interactive, real-time,
two-way communication technologies, which shall include, except as provided in
subsection e. of this section, a video component that allows a licensee to see
a patient and client and the patient and client to see the licensee during the
provision of services.

���� d.� A licensee providing
services through telemedicine or telehealth may use asynchronous
store-and-forward technology to allow for the electronic transmission of:

���� (1) images;

���� (2) diagnostics;

���� (3) data; and

���� (4) medical information.

���� e.� If, after accessing and
reviewing the patient's records, a licensee determines that the licensee is
able to meet the standard of care for services if they were being provided
in-person without using the video component described in subsection c. of this
section, the licensee may use interactive, real-time, two-way audio in
combination with asynchronous store-and-forward technology, without a video
component.

���� f.� During the provision of
services through telemedicine or telehealth, and after the provision of
services, a licensee, or another designated licensee, shall provide the
licensee�s name, professional credentials, and contact information to the
client. The contact information shall enable the client to contact the licensee
for at least 72 hours following the provision of services, or for a longer
period if warranted by the patient's circumstances and accepted standards of
care.

���� g.� Prior to providing
services through telemedicine or telehealth, a licensee shall review any
patient history or records provided by a client as follows:

���� (1) for an initial encounter
with a patient, history and records shall be reviewed prior to the provision of
services through telemedicine or telehealth; and

���� (2) for any subsequent
interactions with a patient, history and records shall be reviewed either prior
to the provision of services through telemedicine or telehealth or
contemporaneously with the encounter with the patient.

���� h. After the provision of
services through telemedicine or telehealth, a licensee shall provide the
client, upon request, with the patient's records created due to the services
provided.

���� i.� A licensee shall provide,
upon a client's written request, the patient's information to the patient's
primary care provider.

���� j.� A licensee engaging in
telemedicine or telehealth shall refer a patient for follow-up care when
necessary.

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

���� b.� 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 section 3 of this act.

���� c.� Notwithstanding subsection
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.

���� 6.� A licensee who provides
services through telemedicine or telehealth shall maintain a record of the care
provided to a patient. The records shall comply with the requirements of
section 8 of this act, and all other applicable State and federal statutes,
rules, and regulations for recordkeeping, confidentiality, and disclosure of a
patient's record.

���� 7.��� In order to establish
that a licensee has made a good faith effort to prevent fraud and abuse when
providing services through telemedicine or telehealth, a licensee shall
establish written protocols that address:

���� (1) authentication and
authorization of users;

���� (2) authentication of the
patient and client during the initial intake pursuant to paragraph (1) of
subsection a. of section 3 of this act;

���� (3) authentication of the
origin of information;

���� (4) the prevention of
unauthorized access to the system or information;

���� (5) system security, including
the integrity of information that is collected, program integrity, and system
integrity;

���� (6) maintenance of
documentation about system and information usage;

���� (7) information storage,
maintenance, and transmission; and

���� (8) synchronization and
verification of patient profile data.

���� 8.��� a.� Licensees who
provide services through telemedicine or telehealth, or their authorized
representatives, shall, prior to providing services, give clients notice
regarding telemedicine and telehealth, including the risks and benefits of
being treated through telemedicine or telehealth and how to receive follow-up
care or assistance in the event of an adverse reaction to the treatment or in
the event of an inability to communicate as a result of a technological or
equipment failure.� A licensee shall obtain a signed and dated statement
indicating that the client received this notice.

���� b.� When telemedicine or
telehealth is unable to provide all pertinent clinical information that a
licensee exercising ordinary skill and care would deem reasonably necessary to
provide care to a patient, the licensee shall inform the client of this prior
to the conclusion of the provision of care through telemedicine or telehealth
and shall advise the client regarding the need for the patient to obtain an
additional in-person medical evaluation reasonably able to meet the patient's
needs.

���� 9.� This act shall take effect
immediately.

STATEMENT

���� The bill codifies existing
regulations to stipulate the requirements for veterinarians to follow when
engaging in telemedicine and telehealth.�

���� Specifically, the bill
provides that a licensed veterinarian is responsible for determining whether
providing patient services through telemedicine or telehealth is consistent
with the standard of care for those same services provided in-person.� The licensee
is to also provide notice regarding the risks and benefits of being treated
through telemedicine and telehealth.

���� The bill requires the licensee
to establish licensee-client-patient relationships in advance of providing
services through telemedicine or telehealth.� In addition, the licensee will
review the patient history through any available records and provide the client
with the opportunity to sign applicable consent forms.� The bill makes
exceptions to the requirement for establishing licensee-patient-client
relationships if: the purpose is for an informal consultation without the
expectation of compensation; to provide consultation with a medical specialist
in another jurisdiction; the assistance is provided in response to an
emergency, provided there is no charge for the medical assistance; or, a
substitute licensee is acting on behalf of an absent licensee on an on-call
basis.

���� Licensees engaged in
telemedicine or telehealth are required to use two-way, interactive
communication technologies and may use technology to allow for the electronic
transmission of images, diagnostics, data, and medical information.

���� Lastly, when telemedicine or
telehealth is unable to provide all pertinent clinical information to provide
care to the patient, the licensee is required to advise the client regarding
the need for the patient to obtain an additional in-person medical evaluation.�