The N.J. Supreme Court’s Rules of Evidence Committee has preliminarily proposed a complex unification of and extensive reductions in mental health provider-client confidentiality privileges currently provided in N.J.R.E: 505 (psychologists); 506 (physicians); 510 (marriage and family counselors); 517 (victim counselors); 518 (social workers); N.J.S.A. 45:14BB-3, N.J.A.C. 13:42A-6.3 (psychoanalysts); N.J.S.A. 45:2D-3, N.J.A.C. 13:34C-4.5 (alcohol and drug counselors); and N.J.S.A. 45:8B-48 (professional counselors).
These privileges would be replaced by a single new Rule 534, posted at www.judiciary.state.nj.us/notices/2014/discussiondraft.pdf, applicable to all mental health providers. The current proposal limits confidentiality protection with 13 exceptions to the privilege, and also allows compelled disclosure in cases of explicit or implicit waiver or where exercise of the privilege would violate another’s constitutional right. Accompanying the rule is an Interim Report, posted at www.judiciary.state.nj.us/notices/2014/interimreport.pdf.
