N.J. Admin. Code § 13:42-13.5

Current through Register Vol. 56, No. 24, December 18, 2024

Section 13:42-13.5 - Provision of psychological services through telemedicine or telehealth

(a) As long as a licensee has satisfied the requirements of N.J.A.C. 13:42-13.4, a licensee may provide psychological services to a client through the use of telemedicine and may engage in telehealth to support and facilitate the provision of psychological services to clients.

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

(c) A licensee providing psychological services through telemedicine shall use interactive, real-time, two-way communication technologies, which shall include, except as provided in (e) below, a video component that allows a licensee to see a client and the client to see the licensee during the provision of psychological services.

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

1. Images;

2. Diagnostics, including test results and interpretation;

3. Data; and

4. Medical and psychological information.

(e) If, after accessing and reviewing the client's records, a licensee determines that he or she is able to meet the standard of care for such psychological services if they were being provided in-person without using the video component described in (c) above, 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 psychological services through telemedicine or telehealth, and after the provision of psychological services, a licensee, or another designated licensee, shall provide his or her name, professional credentials, and contact information to the client. Such contact information shall enable the client to contact the licensee for at least 72 hours following the provision of psychological services, or for a longer period if warranted by the client's circumstances and accepted standards of care.

(g) Prior to providing psychological services through telemedicine or telehealth, a licensee shall review any history or records provided by a client as follows:

1. For an initial encounter with a client, history and records provided by the client shall be reviewed prior to the provision of psychological services through telemedicine or telehealth; and

2. For any subsequent interactions with a client, history and records provided by the client shall be reviewed either prior to the provision of psychological services through telemedicine or telehealth or contemporaneously with the encounter with the client.

(h) After the provision of psychological services through telemedicine or telehealth, a licensee shall provide the client, upon request, with his or her records created due to the psychological services provided, unless, pursuant to N.J.A.C. 13:42-8.3(e), the licensee determines that releasing the records would adversely affect the client's health or welfare.

(i) A licensee shall provide, upon a client's written request, the client's information to the client's primary care provider or to other health care and/or mental health care providers.

(j) A licensee engaging in telemedicine or telehealth shall refer a client for follow-up care when necessary.

N.J. Admin. Code § 13:42-13.5

Adopted by 52 N.J.R. 1920(a), effective 10/19/2020