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As the specter of COVID-19 creeps through our lives like a fog, physicians appear to be on the cusp of having a new tool in the toolbox for medical cannabis patients — telemedicine. When they can use that tool, however, remains unclear as state regulators grapple with a flurry of waivers and changes due to the pandemic.

Background

Last month, Gov. Phil Murphy signed legislation authorizing any health care practitioner to provide telemedicine and telehealth services for the duration of the current public health emergency, and the waiver of any requirements in law or regulation necessary to facilitate the provision of healthcare services using telemedicine and telehealth during the emergency.

“Telehealth is crucial in order to allow as many New Jerseyans as possible to get the medical services they need during this crisis,” Murphy said. “Through the expansion of telehealth services as well as the waiving of licensure requirements for out-of-state professionals, we will be able to accept assistance from both in-state and from out-of-state more easily and allow residents to get the help they require.”

The rollout

Days after the passage of the law, Murphy ordered the state’s Department of Treasury, Department of Health, Department of Children and Family Services and the Division of Consumer Affairs to identify opportunities to support broader access. As it applies to cannabis space, physicians are governed by the Board of Medical Examiners in the Division of Consumer Affairs, which is part of the Attorney General’s Office.

The DCA’s recommendations for the duration of the declared state of emergency include:

The waiver of certain statutory and regulatory provisions eliminating restrictions that prevented practitioners from establishing a doctor/patient relationship using telemedicine or telehealth.

Provide greater flexibility in the types of technologies that may be used, including the telephone.

Remove requirements that patients be physically present at a specific address in order to engage in telehealth or telemedicine.

And encourage licensees to utilize alternative technologies for telehealth such as audio-only telephone or video technology commonly available on smartphones and other devices.

Is anyone applying it yet?

The DCA hasn’t yet cleared that up but it did indicate in government-ese it’s doing something.

“The Division of Consumer Affairs (Division) is working with partners across state agencies to enhance strategies for assessing, and addressing an increased demand for health care services during the COVID-19 health crisis,” the division said in a statement. “The Division will continue to keep the public updated on the efforts to ensure New Jersey residents, including those in the Medical Marijuana Program, continue to have access to world-class treatment.”

The DCA declined to clarify whether a physician could use telemedicine today for evaluating and recommending medical cannabis to patients but it’s apparent that clarity is sorely needed.

“So the general message that we’ve been getting at the federal level is that anything that can be done via telehealth will be considered the same as if it were being done in person,” said Dr. David Nathan, founder of Doctors for Cannabis Regulation. “So that seemed like a blanket message.”

Capehard Scatchard attorney Sheila Mints said she’d have concerns for any physician using telemedicine to recommend medical cannabis right now.

“The federal guidance makes it clear that telemedicine should not be used for services that are illegal,” Mints said. “Since cannabis is still illegal at the federal level, I think that using telemedicine for purposes of registering patients for the medical marijuana program is questionable. I see that there are a number of practices using telemedicine for these purposes but, if I were representing them, I would be concerned.”

A version of this story first appeared in NJ Cannabis Insider.

https://www.nj.com/shopping-deals/2020/03/how-to-avoid-or-repair-cracked-skin-from-washing-your-hands-constantly.html https://www.nj.com/shopping-deals/2020/03/how-to-avoid-or-repair-cracked-skin-from-washing-your-hands-constantly.html

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Justin Zaremba is content lead and an assistant editor for NJ Cannabis Insider. Find him on Twitter at @JustinZarembaNJ.

NJ Cannabis Insider is a weekly subscriber-based newsletter produced by NJ Advance Media, which also publishes NJ.com, The Star-Ledger and other affiliated papers.