New Jersey § 45:1-63

§ 45:1-63.

a. Any health care provider who engages in telemedicine or telehealth shall ensure

that a proper provider-patient relationship is established. The establishment of a proper provider-patient relationship shall include, but shall

not be limited to: (1) properly identifying the patient using, at a minimum, the patient's name, date

of birth, phone number, and address. When properly identifying the patient, the provider may additionally use the patient's

assigned identification number, social security number, photo, health insurance policy

number, or other appropriate patient identifier associated directly with the patient; (2) disclosing and validating the provider's identity and credentials, such as the

provider's license, title, and, if applicable, specialty and board certifications; (3) prior to initiating contact with a patient in an initial encounter for the purpose

of providing services to the patient using telemedicine or telehealth, reviewing the

patient's medical history and any available medical records; and (4) prior to initiating contact with a patient for the purpose of providing services

to the patient using telemedicine or telehealth, determining whether the provider

will be able to provide the same standard of care using telemedicine or telehealth

as would be provided if the services were provided in person. The provider shall make this determination prior to each unique patient encounter. b. Telemedicine or telehealth may be practiced without a proper provider-patient relationship,

as defined in subsection a. of this section, in the following circumstances: (1) during informal consultations performed by a health care provider outside the

context of a contractual relationship, or on an irregular or infrequent basis, without

the expectation or exchange of direct or indirect compensation; (2) during episodic consultations by a medical specialist located in another jurisdiction

who provides consultation services, upon request, to a properly licensed or certified

health care provider in this State; (3) when a health care provider furnishes medical assistance in response to an emergency

or disaster, provided that there is no charge for the medical assistance; or (4) when a substitute health care provider, who is acting on behalf of an absent health

care provider in the same specialty, provides health care services on an on-call or

cross-coverage basis, provided that the absent health care provider has designated

the substitute provider as an on-call provider or cross-coverage service provider.