New Jersey Administrative Code
Title 13 - LAW AND PUBLIC SAFETY
Chapter 42B - BOARD OF APPLIED BEHAVIOR ANALYST EXAMINERS RULES
Subchapter 7 - TELEMEDICINE AND TELEHEALTH
Section 13:42B-7.8 - Privacy and notice to clients

(a) Licensees that communicate with clients by electronic communications other than telephone or facsimile shall establish written privacy practices that are consistent with Federal standards pursuant to 45 CFR 160 and 164, which are incorporated herein by reference, relating to privacy of individually identifiable health information.

(b) A licensee who becomes aware of a breach in confidentiality of client information, as defined at 45 CFR 164.402, shall comply with the reporting requirements at 45 CFR 164.

(c) Licensees, or their authorized representatives, shall provide a client or the client's guardian, prior to evaluation or treatment, with copies of written privacy practices and shall obtain the client's written acknowledgement of receipt of the notice.

(d) Licensees who provide services through telemedicine or telehealth, or their authorized representatives, shall, prior to providing services, give clients or clients' guardians notice regarding telemedicine and telehealth, including the risks and benefits of using technology to provide services and how to receive follow-up care or assistance 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 client or guardian received this notice.

(e) 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 client, the licensee shall inform the client of this prior to the conclusion of the provision of care through telemedicine or telehealth and shall advise the client regarding the need for the client to obtain additional in-person services reasonably able to meet the client's needs.