Sponsored by:
Assemblyman LOUIS D. GREENWALD
District 6 (Burlington and Camden)
Assemblyman HERB CONAWAY, JR.
District 7 (Burlington)
Assemblyman STERLEY S. STANLEY
District 18 (Middlesex)
Co-Sponsored by:
Assemblyman Benson
SYNOPSIS
Codifies and extends authorization for certain out-of-State health care practitioners and recent graduates of health care training programs to practice in New Jersey.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the licensure of health care professionals and amending various parts of the statutory law.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 1 of P.L.2017, c.117 (C.45:1-61) is amended to read as follows:
1. As used in P.L.2017, c.117 (C.45:1-61 et al.):
"Asynchronous store-and-forward" means the acquisition and transmission of images, diagnostics, data, and medical information either to, or from, an originating site or to, or from, the health care provider at a distant site, which allows for the patient to be evaluated without being physically present.
"Cross-coverage service provider" means a health care provider, acting within the scope of a valid license or certification issued pursuant to Title 45 of the Revised Statutes, who engages in a remote medical evaluation of a patient, without in-person contact, at the request of another health care provider who has established a proper provider-patient relationship with the patient.
"Distant site" means a site at which a health care provider, acting within the scope of a valid license or certification issued pursuant to Title 45 of the Revised Statutes, is located while providing health care services by means of telemedicine or telehealth.
"Health care provider" means an individual who provides a health care service to a patient, and includes, but is not limited to, a licensed physician, nurse, nurse practitioner, psychologist, psychiatrist, psychoanalyst, clinical social worker, physician assistant, professional counselor, respiratory therapist, speech pathologist, audiologist, optometrist, or any other health care professional acting within the scope of a valid license or certification issued pursuant to Title 45 of the Revised Statutes. Health care provider includes a health care provider practicing under a temporary graduate license, a health care practitioner practicing under a temporary reciprocal license, and an alcohol and drug counselor-intern practicing under the authority of subsection c. of section 10 of P.L.1997, c.331 (C.45:2D-10).
"On-call provider" means a licensed or certified health care provider who is available, where necessary, to physically attend to the urgent and follow-up needs of a patient for whom the provider has temporarily assumed responsibility, as designated by the patient's primary care provider or other health care provider of record.
"Originating site" means a site at which a patient is located at the time that health care services are provided to the patient by means of telemedicine or telehealth.
"Telehealth" means the use of information and communications technologies, including telephones, remote patient monitoring devices, or other electronic means, to support clinical health care, provider consultation, patient and professional health-related education, public health, health administration, and other services in accordance with the provisions of P.L.2017, c.117 (C.45:1-61 et al.).
"Telemedicine" means the delivery of a health care service using electronic communications, information technology, or other electronic or technological means to bridge the gap between a health care provider who is located at a distant site and a patient who is located at an originating site, either with or without the assistance of an intervening health care provider, and in accordance with the provisions of P.L.2017, c.117 (C.45:1-61 et al.). "Telemedicine" does not include the use, in isolation, of electronic mail, instant messaging, phone text, or facsimile transmission.
"Telemedicine or telehealth organization" means a corporation, sole proprietorship, partnership, or limited liability company that is organized for the primary purpose of administering services in the furtherance of telemedicine or telehealth.
Temporary graduate license means a temporary license to practice: as an associate counselor issued pursuant to subsection c. of section 13 of P.L.1993, c.340 (C.45:8B-46); as a physician assistant issued pursuant to subsection f. of section 4 of P.L.1991, c.378 (C.45:9-27.13); as a professional nurse pursuant to subsection g. of section 4 of P.L.1947, c.262 (C.45:11-26); as a practical nurse pursuant to subsection f. of section 5 of P.L.1947, c.262 (C.45:11-27); as a pharmacist pursuant to subsection d. of section 14 of P.L.2003, c.280 (C.45:14-53); as a respiratory care practitioner pursuant to subsection c. of section 13 of P.L.1991, c.31 (C.45:14E-13); or as a social worker pursuant to subsection c. of section 7 of P.L.1991, c.134 (C.45:15BB-7).
Temporary reciprocal license means a temporary license or certification to practice: as a licensed alcohol and drug counselor issued pursuant to subsection b. of section 3 of P.L.1997, c.331 (C.45:2D-10); as a marriage and family therapist issued pursuant to subsection b. of section 21 of P.L.1968, c.401 (C.45:8B-21); as a professional counselor issued pursuant to subsection b. of section 13 of P.L.1993, c.340 (C.45:8B-46); medicine or surgery issued pursuant to subsection b. of R.S.45:9-13; as a homemaker-home health aide pursuant to subsection b. of section 1 of P.L.1990, c.125 (C.45:11-24.2); as a professional nurse pursuant to paragraph (1) of subsection f. of section 4 of P.L.1947, c.262 (C.45:11-26); as a practical nurse pursuant to paragraph (1) of subsection e. of section 5 of P.L.1947, c.262 (C.45:11-27); as an advanced practice nurse pursuant to subsection d. of section 8 of P.L.1991, c.377 (C.45:11-47); as a psychologist pursuant to subsection b. of section 20 of P.L.1966, c.282 (C.45:14B-20); as a psychoanalyst pursuant to subsection b. of section 10 of P.L.2000, c.57 (C.45:14BB-10); as a respiratory care practitioner pursuant to subsection b. of section 13 of P.L.1991, c.31 (C.45:14E-13); or as a social worker pursuant to subsection b. of section 7 of P.L.1991, c.134 (C.45:15BB-7)
(cf: P.L.2021, c.310, s.3)
2. 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. Nothing in P.L.2017, c.117 (C.45:1-61 et al.) shall be construed to allow a provider to require a patient to use telemedicine or telehealth in lieu of receiving services from an in-network provider.
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, or otherwise authorized, pursuant to Title 45 of the Revised Statutes, to provide such services in the Stat