N.J. Admin. Code § 13:34-32.5

Current through Register Vol. 56, No. 19, October 7, 2024

Section 13:34-32.5 - Provision of professional counseling or rehabilitation counseling, as applicable, through telemedicine or telehealth

(a) As long as a licensee has satisfied the requirements at N.J.A.C. 13:34-32.4, a licensee may provide professional counseling or rehabilitation counseling, as applicable, to a client through the use of telemedicine and may engage in telehealth to support and facilitate the provision of professional counseling or rehabilitation counseling, as applicable, 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. If, during the session, contact with the client is interrupted, once contact is reestablished, the licensee shall reverify the client's location.

(c) A licensee providing healthcare services through telemedicine shall use interactive, real-time, two-way communication technologies, which shall include, except as provided at (e) below, a video component that allows a licensee to see a client and the client to see the licensee during the provision of professional counseling or rehabilitation counseling, as applicable.

(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;

3. Data; and

4. Medical information.

(e) If, after accessing and reviewing the client's records, a licensee 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 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) Prior to providing services through telemedicine or telehealth, a licensee shall review the client's history, including medical history or medical records, and any other records as follows:

1. For an initial encounter with a client, the client's history, including medical history and medical records, provided by the client and any other records provided by the client shall be reviewed prior to the provision of professional counseling or rehabilitation counseling, as applicable, through telemedicine or telehealth; and

2. For any subsequent interactions with a client, the client's history, including medical history and medical records, and any other records shall be reviewed either prior to the provision of professional counseling or rehabilitation counseling, as applicable, through telemedicine or telehealth or contemporaneously with the encounter with the client.

(g) During and after the provision of professional counseling or rehabilitation counseling, as applicable, through telemedicine or telehealth, a licensee shall provide his or her 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.

(h) After the provision of professional counseling or rehabilitation counseling, as applicable, through telemedicine or telehealth, a licensee shall provide the client, upon request, with his or her records reflecting 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 healthcare providers.

(j) A licensee engaging in telemedicine or telehealth shall refer a client for follow-up care when necessary.

N.J. Admin. Code § 13:34-32.5

Adopted by 53 N.J.R. 1285(a), effective 8/2/2021