Bill Text: NJ A4194 | 2016-2017 | Regular Session | Introduced
Bill Title: Affords certain confidentiality privileges in civil proceedings to sponsors of individuals in treatment for drug or alcohol addiction.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced - Dead) 2016-09-22 - Introduced, Referred to Assembly Judiciary Committee [A4194 Detail]
Download: New_Jersey-2016-A4194-Introduced.html
Sponsored by:
Assemblyman TROY SINGLETON
District 7 (Burlington)
SYNOPSIS
Affords certain confidentiality privileges in civil proceedings to sponsors of individuals in treatment for drug or alcohol addiction.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning sponsors of individuals in treatment and supplementing chapter 84A of Title 2A of the New Jersey Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. As used in this act:
"Facility" means any public, private place, or portion thereof providing services especially designed for the treatment of intoxicated persons or alcoholics, as those terms are defined in section 2 of P.L.1975, c.305 (C.26:2B-8), including, but not limited to, intoxication treatment centers, inpatient treatment facilities, outpatient facilities, and residential aftercare facilities.
"Narcotic and drug abuse treatment center" means any establishment, facility or institution, public or private, whether operated for profit or not, which primarily offers, or purports to offer, maintain, or operate a facility for the residential or outpatient diagnosis, care, treatment, or rehabilitation of two or more nonrelated individuals, who are addicted to or otherwise suffering physically or mentally from the use or abuse of a narcotic drug, as defined in section 2 of P.L.1970, c.334 (C.26:2G-22), and who require continuing care for their addiction or suffering.
"Sponsor" means an individual who provides guidance, emotional support, and counseling in an individualized manner to another individual who is participating in treatment in a facility or narcotic and drug abuse treatment center.
b. Except as otherwise provided in subsection c. of this section:
(1) All information exchanged between a sponsor and an individual participating in treatment in a facility or narcotic and drug abuse treatment center shall be deemed confidential and shall not be disclosed to any other person; and
(2) A sponsor shall be privileged against examination as a witness in any civil proceeding, or in any administrative or arbitration proceeding, with regard to the exchange of information that occurred between the sponsor and an individual participating in treatment in a facility or narcotic and drug abuse treatment center, except with the written authorization of the individual or, if the individual is incapacitated or deceased, the written authorization of the individual's guardian or personal representative.
c. Nothing in this section shall be deemed to prohibit:
(1) a professional exchange of information between sponsors, their supervisors, and appropriately licensed or certified alcohol and drug counselors, psychologists, social workers, or mental health professionals designated by, or contracted by, the facility or narcotic and drug abuse treatment center for the exclusive purpose of providing for the treatment of an individual participating in treatment in a facility or narcotic and drug abuse treatment center;
(2) an exchange of information concerning any threat or suggestion of suicide or physical harm;
(3) an exchange of information relating to child abuse or elder abuse; or
(4) an exchange of information relating to the commission of a crime.
2. This act shall take effect immediately.
STATEMENT
This bill concerns privileged communications with respect to a "sponsor," who is defined in the bill as an individual who provides guidance, emotional support, and counseling in an individualized manner to an individual who is participating in treatment in a facility for the treatment of intoxicated persons or alcoholics or in a narcotic and drug abuse treatment center.
Under the provisions of the bill, all information exchanged between a sponsor and an individual participating in treatment in a facility or narcotic and drug abuse treatment center is to be deemed confidential and is not to be disclosed to any other person. Additionally, a sponsor is to be privileged against examination as a witness in any civil proceeding, or in any administrative or arbitration proceeding, with regard to the exchange of information that occurred between the sponsor and the individual, except with the written authorization of the individual or, if the individual is incapacitated or deceased, the written authorization of the individual's guardian or personal representative.
The bill, however, does not prohibit a professional exchange of information between sponsors, their supervisors, and appropriately licensed or certified alcohol and drug counselors, psychologists, social workers, or mental health professionals designated by, or contracted by, the facility or narcotic and drug abuse treatment center for the exclusive purpose of providing for the treatment of an individual participating in treatment in a facility or narcotic and drug abuse treatment center. The bill also permits an exchange of information concerning threats or suggestions of suicide or physical harm, child abuse or elder abuse, or the commission of a crime.
