Expressly allows health care professionals located outside New Jersey to provide services using telemedicine and telehealth to patients in New Jersey.

A2009

ASSEMBLY, No. 2009

STATE OF NEW JERSEY

222nd LEGISLATURE

�

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Assemblywoman SHAMA A. HAIDER

District 37 (Bergen)

SYNOPSIS

���� Expressly allows health care professionals located
outside New Jersey to provide services using telemedicine and telehealth to
patients in New Jersey.

CURRENT VERSION OF TEXT

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

��

An Act
concerning telemedicine and telehealth and amending
P.L2017, 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
,
regardless of whether the health care provider is located in New Jersey at the
time the remote health care services are provided
.� 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.

���� 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 if either the patient or the provider is
located in New Jersey at the time services are provided.

���� c.� (1)� Telemedicine services
shall be provided using interactive, real-time, two-way communication
technologies.

���� (2)� 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.

���� (3)� The identity,
professional credentials, and contact information of a health care provider
providing telemedicine or telehealth services 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.

���� (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 made available to the patient upon the patient's request, and, with
the patient's affirmative consent, forwarded directly to the patient's primary
care provider or health care provider of record, or, upon request by the
patient, to other health care providers.� 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, 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 emergency or complimentary 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 questionnaire.

���� 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 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.2017, c.117, s.2)

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

STATEMENT

���� This bill expressly allows
health care providers located outside New Jersey to provide health care
services to New Jersey residents using telemedicine and telehealth.� The health
care provider will still need to be licensed or certified as a health care professional
in New Jersey as a condition of providing health care services using
telemedicine and telehealth, as is required under current law.