May 22, 2022

Volume XII, Number 142

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May 20, 2022

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May 19, 2022

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New Jersey Allows Asynchronous Telemedicine

On December 21, 2021, New Jersey amended its telemedicine laws via SB 2559.  The new changes expressly allow the use of asynchronous store-and-forward telemedicine as a standalone modality, remove prior prohibitions on audio-only modalities, and clarify what constitutes unacceptable “internet prescribing.” The changes are effective immediately.  

For a discussion on New Jersey’s 2017 Telemedicine Act generally, please read our prior analysis.

Asynchronous Store-and-Forward Telemedicine

The law allows providers to use asynchronous store-and-forward technologies to provide telemedicine services—with or without the accompanying use of real-time, two-way audio—as a standalone modality when the clinician determines the in-person standard of care can be met through asynchronous technologies. At the outset of the telemedicine consult, the clinician must inform the patient of this determination.

Previously, clinicians could only use asynchronous store-and-forward technologies in limited instances, such as transmitting electronic images, diagnostics, data, and medical information. Asynchronous communications could also be used in combination with interactive, real-time, two-way audio, if, after accessing and reviewing the patient’s medical records, the clinician determined the standard of care would be met.

Audio-Only Telephone Conversations: The law removes prohibitions on audio-only telephone conversations. Previously, an “audio-only telephone conversation” was expressly excluded from the definition of “telemedicine” or “telehealth.” The law was revised as follows:

“Telemedicine” does not include the use, in isolation, of audio only telephone conversation, of electronic mail, instant messaging, phone text, or facsimile transmission

Internet Prescribing Clarification

The law revises New Jersey’s internet prescribing rule to clarify a clinician may not issue a prescription based solely on the responses to an online static questionnaire.

We will continue to monitor for any rule changes or forthcoming subregulatory guidance on telehealth in New Jersey.

© 2022 Foley & Lardner LLPNational Law Review, Volume XII, Number 6
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About this Author

Kara Schoonover Associate DC Health Care Cannabis
Associate

Kara Schoonover is an associate in the business law department of Foley & Lardner LLP. *Kara is admitted only in Maryland. She is practicing under the supervision of a member of the D.C. Bar.

Previously, Kara served as a summer associate in the firm’s Washington, D.C., office where she worked directly with partners in business, litigation, FDA, government contracting, and health care groups. In this role, she conducted legal research on compliance issues, including accidental and intentional adulteration for food companies, poison packing prevention for drug companies,...

202-295-4123
Sunny Levine Health Care Lawyer Foley Lardner
Associate

Sunny J. Levine is a health care lawyer with Foley & Lardner LLP, and member of the firm’s Telemedicine & Digital Health and Health Care Industry Teams working with hospitals and health systems, physician practice groups, and technology companies across the country. Sunny’s practice focuses on federal and state regulatory compliance and business issues in the health care industry. She also works with companies offering highly regulated consumer products, such as medical marijuana and alcohol beverages.

Telemedicine & Digital Health Experience

Sunny’s practice...

813.462.7712
Nathaniel Lacktman, Health Care Attorney, Foley and Lardner Law Firm
Partner

Nathaniel (Nate) Lacktman is a partner and health care lawyer with Foley & Lardner LLP, and a Certified Compliance & Ethics Professional (CCEP). His practice focuses on health care compliance, counseling, enforcement and litigation, as well as telemedicine and telehealth. Mr. Lacktman is a member of the firm’s Health Care Industry Team which was named “Law Firm of the Year — Health Care Law” for three of the past four years on the U.S. News – Best Lawyers® “Best Law Firms” list. 

813-225-4127
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