N.J. Admin. Code § 13:39A-10.4

Current through Register Vol. 56, No. 21, November 4, 2024

Section 13:39A-10.4 - Licensed physical therapist or licensed physical therapist assistant-patient relationship

(a) Prior to providing services through telemedicine or telehealth, a licensed physical therapist or licensed physical therapist assistant shall establish a licensed physical therapist or licensed physical therapist assistant-patient relationship by:

1. Identifying the patient with, at a minimum, the patient's name, date of birth, phone number, and address. A licensed physical therapist or licensed physical therapist assistant may also use a patient's assigned identification number, Social Security number, photo, health insurance policy number, or other identifier associated directly with the patient; and

2. Disclosing and validating the licensed physical therapist or licensed physical therapist assistant's identity, license, title, and, if applicable, specialty and board certifications.

(b) Prior to an initial contact with a patient for the purpose of providing services to the patient using telemedicine or telehealth, a licensed physical therapist or licensed physical therapist assistant shall review the patient's history and any available records.

(c) Prior to initiating contact with a patient for the purpose of providing services through telemedicine or telehealth, a licensed physical therapist or licensed physical therapist assistant shall determine whether he or she 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 licensed physical therapist or licensed physical therapist assistant shall make this determination prior to each unique patient encounter.

(d) Prior to initiating contact with a patient, a licensed physical therapist or licensed physical therapist assistant shall provide the patient the opportunity to sign a consent form that authorizes the licensed physical therapist or licensed physical therapist assistant to release records of the encounter to the patient's primary care licensed physical therapist or other health care provider identified by the patient.

(e) Notwithstanding (a), (b), and (c) above, service may be provided through telemedicine or telehealth without a proper provider-patient relationship if:

1. The provision of services is for informal consultations with another healthcare provider performed by a licensed physical therapist or licensed physical therapist assistant 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. The provision of services is during episodic consultations by a specialist located in another jurisdiction who provides consultation services, upon request, to a licensed physical therapist or licensed physical therapist assistant in this State;

3. A licensed physical therapist or licensed physical therapist assistant furnishes assistance in response to an emergency or disaster, provided that there is no charge for the assistance; or

4. A substitute licensed physical therapist or licensed physical therapist assistant, who is acting on behalf of an absent licensed physical therapist or licensed physical therapist assistant in the same specialty, provides health care services on an on-call or cross-coverage basis, provided that the absent licensed physical therapist or licensed physical therapist assistant has designated the substitute licensed physical therapist or licensed physical therapist assistant as an on-call licensed physical therapist or licensed physical therapist assistant or cross-coverage service provider.

N.J. Admin. Code § 13:39A-10.4

Adopted by 52 N.J.R. 1918(a), effective 10/19/2020