N.J. Admin. Code § 10:41-5.3

Current through Register Vol. 56, No. 19, October 7, 2024

Section 10:41-5.3 - Court orders and subpoenas

(a) If a valid written authorization is not provided, then a judicial order is required for the release of client records. If staff of the Division or a provider receives a court-ordered subpoena, the recipient shall immediately contact the Division's Legal and Administrative Practice Office.

(b) Client records may not be released in response to a subpoena issued by an attorney. If staff of the Division or a provider receive a subpoena, the recipient shall immediately contact the Division's Legal and Administrative Practice Office.

(c) The Division may release client, Division and provider records to law enforcement officials when the Division initiates law enforcement action.

N.J. Admin. Code § 10:41-5.3

Amended by R.2010 d.153, effective 7/19/2010.
See: 41 N.J.R. 2880(a), 42 N.J.R. 1603(a).
In (a), deleted the second sentence, deleted "of the subpoena" following "recipient", and inserted "court-ordered" and "Legal and"; in (b), deleted "and agency" following "Client", inserted "not", substituted "an attorney" for "a Grand Jury", and rewrote the second sentence; and in (c), inserted a comma following "client" and substituted "Division and provider" for "and agency".