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Can the pre-treatment exam be done by telehealth in New Jersey?

Intake · part of The Practice Perimeter

Short answer
Only if the licensee first determines that delivering that exam remotely meets the same standard of care as in person — that call is made for each patient encounter, and if it can't be met before or during the visit, the patient must be told to come in.

New Jersey puts the decision before the visit, and makes it the licensee’s. “Prior to providing services through telemedicine or telehealth, a licensee shall determine whether providing those services through telemedicine or telehealth would be consistent with the standard of care applicable for those services when provided in-person.” If it would not — “either before or during the provision of health care services” — “the licensee shall not provide services through telemedicine or telehealth” and “shall advise the patient to obtain services in-person.” There is no lower bar for the remote encounter: a licensee giving a diagnosis, treatment or consultation recommendation this way “shall be held to the same standard of care or practice standards as are applicable to in-person settings.”

N.J.A.C. 13:35-6B.3 (Telemedicine and telehealth — standard of care) · verified Sep 8, 2026 · regulatory monitoring, not legal advice

Related New Jersey rules

  • And the relationship has to be built first, with named steps. Before providing services this way a licensee shall establish a licensee-patient relationship by “Identifying the patient with, at a minimum, the patient’s name, date of birth, phone number, and address” and by “Disclosing and validating the licensee’s identity, license, title, and, if applicable, specialty and board certifications.” Before initiating contact the licensee shall “Review the patient’s medical history and any available medical records”, decide “as to each unique patient encounter” whether the same standard of care can be met remotely, and offer a consent form releasing the encounter’s records to the patient’s primary care provider. The carve-outs are for informal or episodic consultations between providers, emergencies without charge, and a substitute licensee; the rule states no carve-out for a first cosmetic consultation.

    N.J.A.C. 13:35-6B.4(a)-(c) (Telemedicine and telehealth — licensee-patient relationship) · verified Sep 8, 2026 · read at Cornell Legal Information Institute

  • The physician must examine the patient to assess the trauma or disease, determine whether the modality will help, and weigh the risks against the benefits before it is administered by anyone else.

    N.J.A.C. 13:35-6.14(e)1 · verified Aug 17, 2026 · read at Cornell Legal Information Institute

All 5 cited New Jersey rules on good-faith examination →

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← All New Jersey rules and changes · MedSpaRadar is regulatory monitoring and reference: it summarizes public laws, regulations and agency actions and links each to its source. It is not legal, medical, or compliance advice, and using it creates no attorney-client relationship. A summary can lag its source or leave out detail, and monitoring itself can be interrupted — so an absence of alerts means nothing reached you, not that nothing happened. Read the cited source, check its effective date, and confirm any change to your operations or clinical practice with qualified health-law counsel and your medical director. Legislative data via LegiScan (CC BY 4.0).