N.J. Admin. Code § 13:42A-8.5

Current through Register Vol. 56, No. 21, November 4, 2024

Section 13:42A-8.5 - Provision of services through telemedicine or telehealth

(a) As long as a State-certified psychoanalyst has satisfied the requirements of N.J.A.C. 13:42A-8.4, a State-certified psychoanalyst may provide health care services to a patient through the use of telemedicine and may engage in telehealth to support and facilitate the provision of health care services to patients.

(b) Prior to providing services through telemedicine or telehealth, a State-certified psychoanalyst shall determine the patient's originating site and record this information in the patient's record.

(c) A State-certified psychoanalyst providing healthcare 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 State-certified psychoanalyst to see a patient and the patient to see the State-certified psychoanalyst during the provision of services.

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

1. Images;

2. Diagnostics;

3. Data; and

4. Medical information.

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

(g) Prior to providing services through telemedicine or telehealth, a State-certified psychoanalyst shall review any history or records provided by a patient as follows:

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

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

(h) After the provision of services through telemedicine or telehealth, a State-certified psychoanalyst shall provide the patient, upon request, with his or her records created due to the services provided, or a summary of the record, as long as the summary adequately reflects the patient's history and treatment, unless otherwise required by law.

(i) A State-certified psychoanalyst shall provide, upon a patient's written request, the patient's information to the patient's primary care provider or to other health care providers.

(j) A State-certified psychoanalyst engaging in telemedicine or telehealth shall refer a patient for follow-up care when necessary.

N.J. Admin. Code § 13:42A-8.5

Adopted by 52 N.J.R. 477(b), effective 3/2/2020