The Division of Consumer Affairs (Division) issues this guidance to clarify the requirements governing the prescribing of Schedule II controlled dangerous substances via telemedicine or telehealth to certain patients.  The Division has determined that  the in-person examination requirements of N.J.S.A. 45:1-62(e) do not apply to patients who are currently in active treatment for cancer, receiving hospice care from a licensed hospice or palliative care, or are residents of a long-term care facility, or to any medications that are being prescribed for use in the treatment of substance use disorder, based on the exceptions set forth in N.J.S.A. 24:21-15.2(h). This guidance supplements prior communications from the Division regarding the prescribing of Schedule II controlled dangerous substances via telemedicine. 

N.J.S.A. 45:1-62(e) generally requires an initial in-person examination of the patient prior to prescribing a Schedule II controlled dangerous substance, as well as subsequent in-person examinations every three months for the remainder of the time the patient is being prescribed the Schedule II controlled dangerous substance. Those in-person prescribing requirements are carefully calibrated based on the requirements in N.J.S.A. 24:21-15.2, which mandate that practitioners take certain steps before issuing an initial prescription or before continuously prescribing a Schedule II controlled dangerous substance for longer than three months. However, N.J.S.A. 24:21-15.2(h) states that these requirements governing the prescribing of Schedule II controlled dangerous substances and opioids do not apply to a patient who is currently in active treatment for cancer, receiving hospice care from a licensed hospice or palliative care, or is a resident of a long term care facility, or to any medications that are being prescribed for use in the treatment of substance use disorder. 

Understanding these statutes together, the Division has concluded that  the in-person examination requirements of N.J.S.A. 45:1-62(e) do not apply to patients who are covered by the exemption in N.J.S.A. 24:21-15.2(h)—namely, patients who are currently in active treatment for cancer, receiving hospice care from a licensed hospice or palliative care, or are residents of a long-term care facility, or to any medications that are being prescribed for use in the treatment of substance use disorder. Because the in-person examination requirements of N.J.S.A. 45:1-62(e) match the requirements of N.J.S.A. 24:21-15.2, it makes little sense to apply N.J.S.A. 45:1-62(e) to patients who are expressly exempted from the requirements of N.J.S.A. 24:21-15.2. Moreover, the exemption in N.J.S.A. 24:21-15.2(h) applies to patients who will be subject to close monitoring by licensed health care professionals on interdisciplinary treatment teams, so the concerns animating the in-person prescribing requirements in N.J.S.A. 45:1-62(e) do not apply to these patients. Excluding these patients from in-person examination requirements will facilitate provider compliance with these statutes in a manner that prioritizes patient care.  

Any questions on this matter may be directed to your licensing board.