N.J. Admin. Code § 13:42B-7.5

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

Section 13:42B-7.5 - Provision of services through telemedicine or telehealth

(a) As long as a licensee has satisfied the requirements at N.J.A.C. 13:42B-7.4, a licensee may provide services to a client through the use of telemedicine and may engage in telehealth to support and facilitate the provision of services to clients.

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

(d) A licensee providing 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 information.

(e) If, after accessing and reviewing the client's records, licensees determine that they are able to meet the standard of care for such services if they were being provided in-person without using the video component described at (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 services through telemedicine or telehealth, and after the provision of services, a licensee, or another designated licensee, shall provide their 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 services, or for a longer period, if warranted by the client's circumstances and accepted standards of care.

(g) Prior to providing 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 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 services through telemedicine or telehealth or contemporaneously with the encounter with the client.

(h) After the provision of services through telemedicine or telehealth, a licensee shall provide the client, upon request, with his or her records created due to the services provided.

(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 § 13:42B-7.5

Adopted by 56 N.J.R. 782(a) effective 5/6/2024