New Jersey S 2703: Expressly allows health care professionals located outside New Jersey to provide services using telemedicine and telehealth to patients in New Jersey.

Bill Text

SENATE, No. 2703

STATE OF NEW JERSEY
220th LEGISLATURE

INTRODUCED MAY 19, 2022

Sponsored by:
Senator ANDREW ZWICKER
District 16 (Hunterdon, Mercer, Middlesex and Somerset)

SYNOPSIS
Expressly allows health care professionals located outside New Jersey to
provide services using telemedicine and telehealth to patients in New Jersey.

CURRENT VERSION OF TEXT
As introduced.

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EXPLANATION – Matter enclosed in bold-faced brackets [thus] in the above bill is
not enacted and is intended to be omitted in the law.

Matter underlined thus is new matter.

AN ACT concerning telemedicine and telehealth and amending 1
P.L2017, c.117. 2
3
BE IT ENACTED by the Senate and General Assembly of the State 4
of New Jersey: 5
6
1. Section 2 of P.L.2017, c.117 (C.45:1-62) is amended to read 7
as follows: 8
2. a. Unless specifically prohibited or limited by federal or 9
State law, a health care provider who establishes a proper provider-10
patient relationship with a patient may remotely provide health care 11
services to a patient through the use of telemedicine, regardless of 12
whether the health care provider is located in New Jersey at the 13
time the remote health care services are provided. A health care 14
provider may also engage in telehealth as may be necessary to 15
support and facilitate the provision of health care services to 16
patients. 17
b. Any health care provider who uses telemedicine or engages 18
in telehealth while providing health care services to a patient, shall: 19
(1) be validly licensed, certified, or registered, pursuant to Title 45 20
of the Revised Statutes, to provide such services in the State of New 21
Jersey; (2) remain subject to regulation by the appropriate New 22
Jersey State licensing board or other New Jersey State professional 23
regulatory entity; (3) act in compliance with existing requirements 24
regarding the maintenance of liability insurance; and (4) remain 25
subject to New Jersey jurisdiction if either the patient or the 26
provider is located in New Jersey at the time services are provided. 27
c. (1) Telemedicine services shall be provided using interactive, 28
real-time, two-way communication technologies. 29
(2) A health care provider engaging in telemedicine or 30
telehealth may use asynchronous store-and-forward technology to 31
allow for the electronic transmission of images, diagnostics, data, 32
and medical information; except that the health care provider may 33
use interactive, real-time, two-way audio in combination with 34
asynchronous store-and-forward technology, without video 35
capabilities, if, after accessing and reviewing the patient's medical 36
records, the provider determines that the provider is able to meet the 37
same standard of care as if the health care services were being 38
provided in person. 39
(3) The identity, professional credentials, and contact 40
information of a health care provider providing telemedicine or 41
telehealth services shall be made available to the patient during and 42
after the provision of services. The contact information shall enable 43
the patient to contact the health care provider, or a substitute health 44
care provider authorized to act on behalf of the provider who 45

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provided services, for at least 72 hours following the provision of 1
services. 2
(4) A health care provider engaging in telemedicine or 3
telehealth shall review the medical history and any medical records 4
provided by the patient. For an initial encounter with the patient, 5
the provider shall review the patient's medical history and medical 6
records prior to initiating contact with the patient, as required 7
pursuant to paragraph (3) of subsection a. of section 3 of 8
P.L.2017, c.117 (C.45:1-63). In the case of a subsequent 9
telemedicine or telehealth encounter conducted pursuant to an 10
ongoing provider-patient relationship, the provider may review the 11
information prior to initiating contact with the patient or 12
contemporaneously with the telemedicine or telehealth encounter. 13
(5) Following the provision of services using telemedicine or 14
telehealth, the patient's medical information shall be made available 15
to the patient upon the patient's request, and, with the patient's 16
affirmative consent, forwarded directly to the patient's primary care 17
provider or health care provider of record, or, upon request by the 18
patient, to other health care providers. For patients without a 19
primary care provider or other health care provider of record, the 20
health care provider engaging in telemedicine or telehealth may 21
advise the patient to contact a primary care provider, and, upon 22
request by the patient, assist the patient with locating a primary care 23
provider or other in-person medical assistance that, to the extent 24
possible, is located within reasonable proximity to the patient. The 25
health care provider engaging in telemedicine or telehealth shall 26
also refer the patient to appropriat