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.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
