2A:84A-22.2. Patient and physician privilege
228 words·~1 min read·
/nj/title-2a/chapter-84a/2a-84a-22-2A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Except as otherwise provided in this act, a person, whether or not a party, has a privilege in a civil action or in a prosecution for a crime or violation of the disorderly persons law or for an act of juvenile delinquency to refuse to disclose, and to prevent a witness from disclosing, a communication, if he claims the privilege and the judge finds that
(a)the communication was a confidential communication between patient and physician, and
(b)the patient or the physician reasonably believed the communication to be necessary or helpful to enable the physician to make a diagnosis of the condition of the patient or to prescribe or render treatment therefor, and
(c)the witness
(i)is the holder of the privilege or
(ii)at the time of the communication was the physician or a person to whom disclosure was made because reasonably necessary for the transmission of the communication or for the accomplishment of the purpose for which it was transmitted or
(iii)is any other person who obtained knowledge or possession of the communication as the result of an intentional breach of the physician's duty of nondisclosure by the physician or his agent or servant and
(d)the claimant is the holder of the privilege or a person authorized to claim the privilege for him.
L.1968, c. 185, s. 2, eff. July 19, 1968.