N.J. Admin. Code § 13:35-8.28 - Telemedicine: privacy and notice to patients
(a) Licensees 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 160 and 164, which are incorporated herein by reference, as amended and
supplemented, 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 email, prescriptions, and laboratory results
must be password protected, encrypted electronic prescriptions, or protected
through substantially equivalent authentication techniques.
(c) A licensee who becomes aware of a breach
in confidentiality of patient information, as defined in
45
CFR 164.402, shall comply with reporting
requirements of 45 CFR 164.
(d)
Licensees, 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) Licensees 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 licensee 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 licensee exercising
ordinary skill and care would deem reasonably necessary to provide care to a
patient, the licensee 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 evaluation reasonably able to meet the patient's needs.
Notes
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