A 4852 — Revises certain requirements for prescription of Schedule II controlled dangerous substances via telemedicine and telehealth without in-person examination or review.*

A4852P.L. ACS ASSEMBLY COMMITTEE SUBSTITUTE FOR ASSEMBLY, No.

48522026, STATEc.040 OF(A4852 NEWACS) JERSEY 222nd LEGISLATURE   ADOPTED JUNE 23, 2026    P.L. Sponsored by:

Assemblywoman 2026, ANDREACHAPTER KATZ40, Districtapproved 8July (Atlantic8, and2026 Burlington)Assembly Assemblywoman Committee MARISASubstitute SWEENEYfor DistrictAssembly, 25No. (Morris and Passaic) Assemblyman  VINCENT M.

"VINNIE"4852 KEARNEY  DistrictAn 21Act (Middlesex,concerning Morris,telemedicine, Somersettelehealth, and Union)Schedule Assemblyman II CHRIScontrolled TULLYdangerous Districtsubstances, 38and (Bergen)amending Senator P.L.2017, JOSEPHc.117. F.

VITALE District 19 (Middlesex) Senator  VIN GOPAL District 11 (Monmouth) Senator  RAJ MUKHERJI District 32 (Hudson)   Co-Sponsored by:

Assemblyman Karabinchak and Assemblywoman Donlon         SYNOPSIS      Revises certain requirements for prescription of Schedule II controlled dangerous substances via telemedicine and telehealth without in-person examination or review.

  CURRENT VERSION OF TEXT      Substitute as adopted by the Assembly State and Local Government Committee.

       An Act concerning telemedicine, telehealth, and Schedule II controlled dangerous substances, and amending P.L.2017, c.117.

     (2) (2)   A health care provider engaging in telemedicine or telehealth may use asynchronous store-and-forward technology to provide services with or without the use of interactive, real-time, two-way audio if, after accessing and reviewing the patient's medical records, the provider determines that the provider is able to meet the same standard of care as if the health care services were being provided in person and informs the patient of this determination at the outset of the telemedicine or telehealth encounter.

     (b) The identity, professional credentials, and contact information of a health care provider providing telemedicine or telehealth services shall be made available to the patient at the time the patient schedules services to be provided using telemedicine or telehealth, if available, or upon confirmation of the scheduled telemedicine or telehealth encounter, and shall be made available to the patient during and after the provision of services.  The contact information shall enable the patient to contact the health care provider, or a substitute health care provider authorized to act on behalf of the provider who provided services, for at least 72 hours following the provision of services.  If the health care provider is not a physician, and the patient requests that the services be provided by a physician, the health care provider shall assist the patient with scheduling a telemedicine or telehealth encounter with a physician.

     (4) (4)   A health care provider engaging in telemedicine or telehealth shall review the medical history and any medical records provided by the patient.  For an initial encounter with the patient, the provider shall review the patient's medical history and medical records prior to initiating contact with the patient, as required pursuant to paragraph (3) of subsection a.

     (5) (5)   Following the provision of services using telemedicine or telehealth, the patient's medical information shall be entered into the patient's medical record, whether the medical record is a physical record, an electronic health record, or both, and, if so requested to by the patient, forwarded directly to the patient's primary care provider, health care provider of record or any other health care providers as may be specified by the patient.  For patients without a primary care provider or other health care provider of record, the health care provider engaging in telemedicine or telehealth may advise the patient to contact a primary care provider, and, upon request by the patient, shall assist the patient with locating a primary care provider or other in-person medical assistance that, to the extent possible, is located within reasonable proximity to the patient.  The health care provider engaging in telemedicine or telehealth shall also refer the patient to appropriate follow up care where necessary, including making appropriate referrals for in-person care or emergency or complementary care, if needed.  Consent may be oral, written, or digital in nature, provided that the chosen method of consent is deemed appropriate under the standard of care.

     (2) (2)   Diagnosis, treatment, and consultation recommendations, including discussions regarding the risk and benefits of the patient's treatment options, which are made through the use of telemedicine or telehealth, including the issuance of a prescription based on a telemedicine or telehealth encounter, shall be held to the same standard of care or practice standards as are applicable to in-person settings.  Unless the provider has established a proper provider-patient relationship with the patient, a provider shall not issue a prescription to a patient based solely on the responses provided in an online static questionnaire.

     (b) (b)   to a patient, who is undergoing evaluation, consultation, or treatment related to P.L.2019, c.59 (C.26:16-1 et seq.);

     (1) (1)   shall not be required to obtain a separate authorization in order to engage in telemedicine or telehealth for mental health screening purposes;

and      (2) (2)   shall not be required to request and obtain a waiver from existing regulations, prior to engaging in telemedicine or telehealth.

                                            Revises certain requirements for prescription of Schedule II controlled dangerous substances via telemedicine and telehealth without in-person examination or review.