Authorizes prescription of Schedule II controlled dangerous substances through telemedicine or telehealth without certain in-person requirements.

A4957

ASSEMBLY, No. 4957

STATE OF NEW JERSEY

222nd LEGISLATURE

�

INTRODUCED MAY 7, 2026

Sponsored by:

Assemblyman� CHRIS TULLY

District 38 (Bergen)

Co-Sponsored by:

Assemblyman Kearney

SYNOPSIS

���� Authorizes prescription of Schedule II controlled
dangerous substances through telemedicine or telehealth without certain
in-person requirements.

CURRENT VERSION OF TEXT

���� As introduced.

��

An Act
concerning telemedicine and telehealth and amending
P.L.2017, c.117310.

����
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.)
]

(C.30:4-27.1 et al.)
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
]

without
an initial in-person examination of the patient, as provided by
regulation,
[
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
]

provided that:

����
(1)� conducting the telemedicine
encounter with a patient via telemedicine to initiate the prescription is
otherwise consistent with the standard of care as would be provided if the
services were provided in person;

����
(2)� the prescription is
issued for a legitimate medical purpose by the health care provider acting in
the usual course of the health care provider�s practice;

����
(3)� telemedicine
communication is conducted using an audio-visual, real-time, two-way
interactive communication system; and

����
(4)� the health care provider
is acting in accordance with applicable federal and State law
.�
[
However, the
provisions of this subsection shall not apply, and the
]

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.)
]

(C.30:4-27.1 et al.)
:

���� (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.

STATEMENT

���� This bill revises current law
to provide that a health care provider will be authorized to prescribe Schedule
II controlled dangerous substances through the use of telemedicine or
telehealth without an initial in-person examination or a subsequent in-person
visit with the patient under certain conditions provided under the bill.

���� Current law requires an
initial in-person examination of the patient before the issuance of a prescription
for Schedule II controlled dangerous substances using telemedicine or
telehealth and requires a subsequent in-person examination visit with the
patient every three months for the duration of time that the patient is being
prescribed the Schedule II controlled dangerous substance.�� �