SENATE, No. 3610

STATE OF NEW JERSEY

219th LEGISLATURE

 

INTRODUCED APRIL 19, 2021

 


 

Sponsored by:

Senator  HOLLY T. SCHEPISI

District 39 (Bergen and Passaic)

Senator  MICHAEL L. TESTA, JR.

District 1 (Atlantic, Cape May and Cumberland)

 

Co-Sponsored by:

Senators T.Kean, Thompson, Pou, Pennacchio and Holzapfel

 

 

 

 

SYNOPSIS

     Revises emergency care services referral standards for providers of telemedicine and telehealth.

 

CURRENT VERSION OF TEXT

     As introduced.

  


An Act concerning telemedicine, telehealth, and emergency care services and amending P.L.2017, c.117.

 

     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.

     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 if either the patient or the provider is located in New Jersey at the time services are provided.

     c.     (1) Telemedicine services shall be provided using interactive, real-time, two-way communication technologies.

     (2)   A health care provider engaging in telemedicine or telehealth may use asynchronous store-and-forward technology to allow for the electronic transmission of images, diagnostics, data, and medical information; except that the health care provider may use interactive, real-time, two-way audio in combination with asynchronous store-and-forward technology, without video capabilities, 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.

     (3)   The identity, professional credentials, and contact information of a health care provider providing telemedicine or telehealth services 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.

     (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 made available to the patient upon the patient's request, and, with the patient's affirmative consent, forwarded directly to the patient's primary care provider or health care provider of record, or, upon request by the patient, to other health care providers.  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, 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 or complimentary care where necessary, [including making appropriate referrals for emergency or complimentary care, if needed] and shall make a good faith effort to directly contact and coordinate with emergency services in accordance with the standard of care and the written emergency care plan that is appropriate to the situation and to the services rendered through the telemedicine or telehealth visit.  The emergency care plan shall pertain to areas where patients are located during a telemedicine or telehealth visit.  A healthcare provider engaging in telemedicine or telehealth shall make a good faith effort to:  provide the name and location of the patient to emergency services in oral and written form; determine the location of a patient if a patient is unaware of his or her location; and provide his or her contact information to emergency services.  A healthcare provider engaging in telemedicine or telehealth shall report suicide attempts of patient during a telehealth or telemedicine visit to the Department of Health in a manner that is consistent with federal and State privacy laws emergency and document emergencies which occur during a telehealth or telemedicine visit.  Consent may be implied, 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 questionnaire.

     e.     The prescription of Schedule II controlled dangerous substances through the use of telemedicine or telehealth shall be authorized only after an initial in-person examination of the patient, as provided by regulation, and 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.  However, the provisions of this subsection shall not apply, and 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.):

     (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; and

     (e)   establish requirements for emergency care plans to be used by providers who determine that a patient who is receiving services using telemedicine or telehealth is in need of emergency care services, which emergency care plans shall include standards and protocols for activating and coordinating with emergency care services providers serving the area in which the patient is located at the time of the telemedicine or telehealth encounter.

     (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, and shall not prevent health care providers from engaging in telemedicine or telehealth in accordance with the provisions of this act and the practice act applicable to the provider's professional licensure, certification, or registration.

(cf: P.L.2017, c.117, s.2)

 

     2.    This act shall take effect immediately.

STATEMENT

 

     This bill amends current law regarding telemedicine and telehealth to revise emergency care services referral standards.

     Under current law, there is a provision under which a health care provider engaging in telemedicine or telehealth is to make appropriate referrals for emergency care, if needed.  The bill revises this provision to require a health care provider engaged in telemedicine or telehealth to make a good faith effort to directly activate and coordinate with emergency care services in accordance with the standard of care upon determining the patient is in need of emergency services. 

     The bill provides that an emergency care plan is to pertain to areas where patients are located during a telemedicine or telehealth visit.  A healthcare provider engaging in telemedicine or telehealth is to make a good faith effort to:  provide the name and location of the patient to emergency services in oral and written form; determine the location of a patient if a patient is unaware of his or her location; and provide his or her contact information to emergency services.  A healthcare provider engaging in telemedicine or telehealth is to report suicide attempts of patient during a telehealth or telemedicine visit to the Department of Health in a manner that is consistent with federal and State privacy laws emergency and document emergencies which occur during a telehealth or telemedicine visit. 

     The bill requires professional licensing boards to include in their rules and regulations implementing the telemedicine and telehealth law requirements for emergency care plans that include standards and protocols for activating and coordinating with emergency care service providers serving the area in which the patient is located at the time of the telemedicine or telehealth encounter.