On January 16, 2026, Governor Murphy signed Executive Order 415 terminating New Jersey’s COVID-19 State of Emergency effective February 16, 2026. As a result, the state-level temporary waivers that permitted practitioners to prescribe Schedule II controlled substances via telemedicine in New Jersey without first conducting an in-person visit have now expired.
What This Means for Telehealth Organizations and Providers
Effective February 16, 2026, prescribing Schedule II controlled substances in New Jersey is governed by N.J.S.A. § 45:1-62(e), subject to any applicable federal Controlled Substances Act requirements and DEA telemedicine regulations. Although federal telehealth flexibilities are currently extended through December 31, 2026, practitioners must comply with both state and federal law. Where state law is more restrictive, the more restrictive rule will govern prescribing requirements for Schedule II medications.
Pursuant to N.J.S.A. § 45:1-62(e):
- A practitioner may prescribe Schedule II controlled substances via telehealth only after an initial in-person examination of the patient; and
- The practitioner must complete an in-person follow-up visit at least once every three months thereafter.
The statute contains a limited exception for Schedule II stimulant medications prescribed to patients under the age of 18. In such cases, the in-person examination requirement may be waived if the prescriber utilizes interactive, real-time, two-way audio-visual technology and obtains written consent from the minor’s parent or legal guardian waiving the in-person requirement.
Telehealth providers, physician practices, and other healthcare organizations operating in New Jersey should promptly review and, as necessary, ensure their prescribing protocols are updated, along with their patient consent forms and compliance policies.
How Frier Levitt Can Help
Prescribing controlled substances via telehealth remains a highly regulated and evolving area of law. The interplay between federal and state requirements must be carefully evaluated in each jurisdiction where virtual care is delivered. As these regulations continue to evolve, it is important for healthcare providers, telehealth companies, pharmacies, and other stakeholders to understand their obligations and ensure compliance with both federal and state requirements. Contact Frier Levitt to help navigate the intricacies of your telehealth business practices and ensure compliance with evolving federal and state requirements.
