Revises certain requirements for prescription of Schedule II controlled dangerous substances via telemedicine and telehealth without in-person examination or review.*

A4852 ACS

ASSEMBLY COMMITTEE SUBSTITUTE FOR

ASSEMBLY, No. 4852

STATE OF NEW JERSEY

222nd LEGISLATURE

�
ADOPTED
JUNE 23, 2026

Sponsored by:

Assemblywoman� ANDREA KATZ

District 8 (Atlantic and Burlington)

Assemblywoman� MARISA SWEENEY

District 25 (Morris and Passaic)

Assemblyman� VINCENT M. "VINNIE" KEARNEY

District 21 (Middlesex, Morris, Somerset and Union)

Assemblyman� CHRIS TULLY

District 38 (Bergen)

Senator� JOSEPH F. VITALE

District 19 (Middlesex)

Senator� VIN GOPAL

District 11 (Monmouth)

Senator� RAJ MUKHERJI

District 32 (Hudson)

Co-Sponsored by:

Assemblyman Karabinchak and Assemblywoman Donlon

SYNOPSIS

���� Revises certain requirements for prescription of
Schedule II controlled dangerous substances via telemedicine and telehealth
without in-person examination or review.

CURRENT VERSION OF TEXT

���� Substitute as adopted by the Assembly State and Local
Government Committee.

��

An Act
concerning telemedicine, telehealth, and Schedule
II controlled dangerous substances, 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
]

(1)� Except as otherwise
provided in this subsection, 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
]

(2) The

provisions
of paragraph (1)
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.

����
(3)� The provisions of
paragraph (1) of this subsection shall not apply for the prescription of
Schedule II controlled dangerous substances through the use of telemedicine or
telehealth:

����
(a) to a patient, who is
currently in active treatment for cancer, receiving hospice care from a
licensed hospice or receiving palliative care, or is a resident of a long-term
care facility;

����
(b)� to a patient, who is
undergoing evaluation, consultation, or treatment related to P.L.2019, c.59
(C.26:16-1 et seq.); or

����
(c)�� for any medications
that are being prescribed to a patient for use in the treatment of a substance
use disorder.

����
(4)� The prescription of a
stimulant that is a Schedule II controlled dangerous substance through the use
of telemedicine or telehealth to an adult patient shall be authorized only
after an initial examination of the patient conducted in-person or by using
telehealth or telemedicine, as provided by regulation.� If the initial
examination is conducted using telehealth or telemedicine, an in-person visit
shall be required within 30 days of that initial examination.� A subsequent
in-person visit or telehealth or telemedicine contact with the patient shall be
required every three months and an in-person visit shall be required at least
once annually for the duration of time that the patient is being prescribed the
Schedule II controlled dangerous substance under this paragraph.

����
(5)� Notwithstanding any
provision of this subsection to the contrary, the prescription of Schedule II
controlled dangerous substances to a patient through the use of telemedicine or
telehealth shall be authorized only when the prescribing health care provider
is using interactive, real-time, two-way audio and visual technologies when
treating the patient and the use of such technologies is consistent with State
and federal law, including without limitation that the provider meets the same
standard of care or practice standards as are applicable to in-person settings.

���� 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
]

P.L.2017,
c.117 (C.45:1-61 et al.)
, and shall not prevent health care providers from
engaging in telemedicine or telehealth in accordance with the provisions of
[
this act
]

P.L.2017,
c.117 (C.45:1-61 et al.)
and the practice act applicable to the provider's
professional licensure, certification, or registration.

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

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