Clarifies that veterinarians are not within ambit of telemedicine and telehealth law.

A1645

ASSEMBLY, No. 1645

STATE OF NEW JERSEY

222nd LEGISLATURE

�

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Assemblywoman MELINDA KANE

District 6 (Burlington and Camden)

Co-Sponsored by:

Assemblyman Freiman

SYNOPSIS

���� Clarifies that veterinarians are not within ambit of
telemedicine and telehealth law.

CURRENT VERSION OF TEXT

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

��

An Act

concerning telemedicine and telehealth and
amending P.L.2017, c.117.

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

���� 1.� Section 2 of P.L.2017,
c.117 (C.45:1-62) is amended to read as follows:

���� 2. a. Unless specifically
prohibited or limited by federal or State law, a health care provider who
establishes a proper provider-patient relationship with a patient may remotely
provide health care services to a patient through the use of telemedicine.� A
health care provider may also engage in telehealth as may be necessary to
support and facilitate the provision of health care services to patients.�
Nothing in P.L.2017, c.117 (C.45:1-61 et al.) 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.

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

���� c. (1) Telemedicine services
may be provided using interactive, real-time, two-way communication
technologies or, subject to the requirements of paragraph (2) of this
paragraph, asynchronous store-and-forward technology.

���� (2)� 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.

���� (3) (a) 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.

���� (b) The identity, professional
credentials, and contact information of a health care provider providing
telemedicine or telehealth services shall be made available to the patient at
the time the patient schedules services to be provided using telemedicine or
telehealth, if available, or upon confirmation of the scheduled telemedicine or
telehealth encounter, and shall be made available to the patient during and
after the provision of services.� The contact information shall enable the
patient to contact the health care provider, or a substitute health care
provider authorized to act on behalf of the provider who provided services, for
at least 72 hours following the provision of services.� If the health care
provider is not a physician, and the patient requests that the services be
provided by a physician, the health care provider shall assist the patient with
scheduling a telemedicine or telehealth encounter with a physician.

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

���� (5)� Following the provision
of services using telemedicine or telehealth, the patient's medical information
shall be 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
to 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.

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

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

���� (3) In the event that a mental
health screener, screening service, or screening psychiatrist subject to the
provisions of P.L.1987, c.116 (C.30:4-27.1 et seq.) 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.

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

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

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

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

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

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

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

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

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

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

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

���� (2)�
[
In
]

Except for
rules and regulations adopted by the State Board of Veterinary Medical
Examiners, in
no case shall the rules and regulations adopted pursuant to
paragraph (1) of this subsection require a provider to conduct an initial
in-person visit with the patient as a condition of providing services using
telemedicine or telehealth.

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

(cf: P.L.2021, c.310, s.4)

���� 2.��� The Commissioner of
Health shall adopt rules and regulations, pursuant to the �Administrative
Procedure Act,� P.L.1968, c.410 (C.52:14B-1 et seq.), as shall be necessary for
the implementation of this act.

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

STATEMENT

���� This bill revises a provision
of current law providing that rules and regulations implementing the
telemedicine and telehealth laws may not require an initial in-person visit
with a patient as a condition of providing services using telemedicine or telehealth,
to provide that this language will not apply to rules and regulations adopted
by the State Board of Veterinary Medical Examiners.