P.L. 2019, CHAPTER 59
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(2) The circumstances are such that a reasonable professional in the practitioner's area of
expertise would believe the patient intended to carry out an act of imminent, serious physical
violence against a readily identifiable individual or against himself.
A duty to warn and protect shall not be incurred when a qualified terminally ill patient
requests medication that the patient may choose to self-administer in accordance with the
provisions of P.L.2019, c.59 (C.26:16-1 et al.).
c. A licensed practitioner of psychology, psychiatry, medicine, nursing, clinical social
work, or marriage and family therapy shall discharge the duty to warn and protect as set forth
in subsection b. of this section by doing one or more of the following:
(1) Arranging for the patient to be admitted voluntarily to a psychiatric unit of a general
hospital, a short-term care facility, a special psychiatric hospital, or a psychiatric facility,
under the provisions of P.L.1987, c.116 (C.30:4-27.1 et seq.);
(2) Initiating procedures for involuntary commitment to treatment of the patient to an
outpatient treatment provider, a short-term care facility, a special psychiatric hospital, or a
psychiatric facility, under the provisions of P.L.1987, c.116 (C.30:4-27.1 et seq.);
(3) Advising a local law enforcement authority of the patient's threat and the identity of
the intended victim;
(4) Warning the intended victim of the threat, or, in the case of an intended victim who is
under the age of 18, warning the parent or guardian of the intended victim; or
(5) If the patient is under the age of 18 and threatens to commit suicide or bodily injury
upon himself, warning the parent or guardian of the patient.
d. A practitioner who is licensed in the State of New Jersey to practice psychology,
psychiatry, medicine, nursing, clinical social work, or marriage and family therapy who, in
complying with subsection c. of this section, discloses a privileged communication, is
immune from civil liability in regard to that disclosure.
e. In addition to complying with subsection c. of this section, a licensed practitioner
shall notify the chief law enforcement officer of the municipality in which the patient resides
or the Superintendent of State Police if the patient resides in a municipality that does not
have a full-time police department that a duty to warn and protect has been incurred with
respect to the patient and shall provide to the chief law enforcement officer or
superintendent, as appropriate, the patient’s name and other non-clinical identifying
information. The chief law enforcement officer or superintendent, as appropriate, shall use
that information to ascertain whether the patient has been issued a firearms purchaser
identification card, permit to purchase a handgun, or any other permit or license authorizing
possession of a firearm.
If the patient has been issued a firearms purchaser identification card, permit to purchase a
handgun, or any other permit or license authorizing possession of a firearm, or if there is
information indicating that the patient otherwise may have access to a firearm, the
information provided may be used in determining whether the patient has become subject to
any of the disabilities set forth in subsection c. of N.J.S.2C:58-3. If the chief law
enforcement officer or superintendent, as appropriate, determines that the patient has become
subject to any of the disabilities set forth in subsection c. of N.J.S.2C:58-3, any identification
card or permit issued to the patient shall be void and subject to revocation by the Superior
Court in accordance with the procedure established in subsection f. of N.J.S.2C:58-3.
If the court determines that the patient is subject to any of the disabilities set forth in
subsection c. of N.J.S.2C:58-3 and revokes the patient’s firearms purchaser identification
card in accordance with the procedure established in subsection f. of N.J.S.2C:58-3, the court
may order the patient to surrender to the county prosecutor any firearm owned by or