Introducing N.J.R.E. 534: A Unified Mental Health Privilege

There is a new rule of evidence in New Jersey that seeks to clarify the plethora of privileges governing confidential communications between mental health service providers and patients suffering from mental or emotional health conditions.  N.J.R.E. 534, as adopted by the Supreme Court on January 15, 2015, and which will go into effect on July 16, 2016, creates a comprehensive mental health provider privilege which is intended to supplant the different and somewhat confusing privileges between patients and a vast array of unique mental health providers.

Specifically, N.J.R.E. 534 covers confidential communications made to providers in eleven (11) fields of practice including: psychologists, physicians, psychiatrists, marriage and family therapists, social workers, alcohol and drug counselors, nurses, professional, associate and rehabilitation counselors, psychoanalysts, midwives, physician assistants, and pharmacists.