N.J. Admin. Code § 13:35-10.33

Current through Register Vol. 56, No. 11, June 3, 2024

Section 13:35-10.33 - Telemedicine or telehealth: privacy and notice to athletes

(a) Licensed athletic trainers who communicate with athletes by electronic communications other than telephone or facsimile shall establish written privacy practices that are consistent with Federal standards under 45 CFR Parts 160 and 164, as amended and supplemented, which are incorporated herein by reference, relating to privacy of individually identifiable health information.

(b) Written privacy practices required by (a) above shall include privacy and security measures that assure confidentiality and integrity of athlete-identifiable information. Transmissions, including athlete email, prescriptions, and laboratory results must be password protected, encrypted electronic prescriptions, or protected through substantially equivalent authentication techniques.

(c) A licensed athletic trainer who becomes aware of a breach in confidentiality of athlete information, as defined in 45 CFR 164.402, shall comply with the reporting requirements of 45 CFR Part 164.

(d) Licensed athletic trainers, or their authorized representatives, shall provide an athlete, prior to evaluation or treatment, with copies of written privacy practices and shall obtain the athlete's written acknowledgement of receipt of the notice.

(e) Licensed athletic trainers who provide athletic training services through telemedicine or telehealth, or their authorized representatives, shall, prior to providing services, give athletes notice regarding telemedicine and telehealth, including the risks and benefits of being treated through telemedicine or telehealth and how to receive follow-up care or assistance in the event of an adverse reaction to the treatment or in the event of an inability to communicate as a result of a technological or equipment failure. A licensed athletic trainer shall obtain a signed and dated statement indicating that the athlete received this notice.

(f) When telemedicine or telehealth is unable to provide all pertinent clinical information that a licensed athletic trainer exercising ordinary skill and care would deem reasonably necessary to provide care to an athlete, the licensed athletic trainer shall inform the athlete of this prior to the conclusion of the provision of care through telemedicine or telehealth and shall advise the athlete regarding the need for the athlete to obtain an additional in-person evaluation reasonably able to meet the athlete's needs.

N.J. Admin. Code § 13:35-10.33

Adopted by 52 N.J.R. 474(a), effective 3/2/2020