New Jersey Telehealth Laws

Does New Jersey have a telehealth registration for out-of-state clinicians?

Clinicians must be licensed in New Jersey and stay subject to its boards, liability insurance rules and jurisdiction. Separately, telemedicine and telehealth organizations must register annually with the Department of Health.

• No telehealth-specific registration: a clinician needs the full license or an exception.

Citation: N.J. Stat. Ann. § 45:1-62(b); § 45:1-64

When can an out-of-state clinician treat New Jersey patients without a New Jersey license?

An out-of-state provider who consults with a New Jersey licensee but does not direct care needs no New Jersey license. Telehealth without a formal relationship is also allowed for episodic specialist consults, free emergency care and designated on-call coverage.

• Exception for consultation with a licensed physician

Citation: N.J. Stat. Ann. § 45:1-63; N.J. Admin. Code § 13:35-6B (Board of Medical Examiners)

Can a patient relationship start by telehealth in New Jersey?

Before an initial telehealth encounter the provider must identify the patient, disclose credentials, review history and records, and decide whether in-person standards can be met. Telemedicine excludes audio-only calls used alone. Store-and-forward is allowed after a records review shows the standard of care can be met.

• Audio-only cannot establish the relationship

Citation: N.J. Stat. Ann. §§ 45:1-61, 45:1-62(c), 45:1-63

Does New Jersey require telehealth consent?

Patients must be told the encounter may be with a non-physician and may ask for a physician. Board rules require offering a consent form to release encounter records to the patient's primary care provider.

Citation: N.J. Stat. Ann. § 45:1-62; N.J. Admin. Code § 13:35-6B

What limits does New Jersey put on prescribing by telehealth?

Telehealth prescriptions are held to in-person standards, and a provider may not prescribe based solely on online questionnaire answers unless a proper provider-patient relationship exists.

• Questionnaire-only prescribing is prohibited
• Schedule II drugs require an initial in-person exam and an in-person visit at least every three months while prescribed. Stimulants for patients under 18 are exempt if the visit uses real-time audio and video and a parent or guardian signs a written waiver.

Citation: N.J. Stat. Ann. § 45:1-62; N.J. Admin. Code §§ 13:35-6B.6, 13:37-8A.6

Does New Jersey require its own controlled-substance registration?

Practitioners need a New Jersey CDS registration and a DEA registration, and the New Jersey address on the CDS registration must match the DEA registration address.

• Required, issued by Division of Consumer Affairs, Drug Control Unit (New Jersey CDS registration)

Do private payers in New Jersey have to cover telehealth?

• Private-payer telehealth coverage law
• Parity with conditions

Citation: N.J. Stat. Ann. § 26:2S-29; P.L.2021, c.310; P.L.2026, c.29

How does New Jersey treat the corporate practice of medicine?

Does New Jersey have a consumer health data law?

In effect since Jan. 15, 2025, with no revenue threshold. Data on a mental or physical health condition, treatment or diagnosis is sensitive data that needs opt-in consent before processing.

• New Jersey Data Privacy Act (N.J. Stat. Ann. § 56:8-166.4 et seq.)