N.J. Admin. Code § 13:35-14.26 - Telemedicine: privacy and notice to patients
(a) Licensed genetic counselors who
communicate with patients 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 Adopted 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 patient-identifiable information. Transmissions, including
patient e-mail, prescriptions, and laboratory results must be password
protected, encrypted electronic prescriptions, or protected through
substantially equivalent authentication techniques.
(c) A licensed genetic counselor who becomes
aware of a breach in confidentiality of patient information, as defined in
45
CFR 164.402, shall comply with the reporting
requirements of 45 CFR Part 164.
(d) Licensed genetic counselors, or their
authorized representatives, shall provide a patient, prior to evaluation or
treatment, with copies of written privacy practices and shall obtain the
patient's written acknowledgement of receipt of the notice.
(e) Licensed genetic counselors who provide
services through telemedicine or telehealth, or their authorized
representatives, shall, prior to providing services, give patients 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 genetic counselor shall obtain a signed and dated
statement indicating that the patient received this notice.
(f) When telemedicine or telehealth is unable
to provide all pertinent clinical information that a licensed genetic counselor
exercising ordinary skill and care would deem reasonably necessary to provide
care to a patient, the licensed genetic counselor shall inform the patient of
this prior to the conclusion of the provision of care through telemedicine or
telehealth and shall advise the patient regarding the need for the patient to
obtain an additional in-person medical evaluation reasonably able to meet the
patient's needs.
Notes
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