New Jersey § 2a:62a-16

§ 2a:62a-16.

a. Any person who is licensed in the State of New Jersey to practice psychology, psychiatry,

medicine, nursing, clinical social work, or marriage and family therapy, whether or

not compensation is received or expected, is immune from any civil liability for a

patient's violent act against another person or against himself unless the practitioner

has incurred a duty to warn and protect the potential victim as set forth in subsection

b. of this section and fails to discharge that duty as set forth in subsection c.

of this section. b. A duty to warn and protect is incurred when the following conditions exist: (1) The patient has communicated to that practitioner a threat of imminent, serious

physical violence against a readily identifiable individual or against himself and

the circumstances are such that a reasonable professional in the practitioner's area

of expertise would believe the patient intended to carry out the threat; or (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 accessible to the patient and order the prosecutor to dispose of the firearms. When the court orders the county prosecutor to dispose of the firearms, the prosecutor

shall dispose of the firearms as provided in N.J.S.2C:64-6 . If the court, upon motion of the prosecutor, finds probable cause that the patient

has failed to surrender any firearm, card, or permit, the court may order a search

for and removal of these items at any location where the judge has reasonable cause

to believe these items are located. The judge shall state with specificity the reasons and the scope of the search and

seizure authorized by the order. A firearm surrendered or seized pursuant to this subsection which is not legally owned

by the patient shall be immediately returned to the legal owner of the firearm if

the legal owner submits a written request to the prosecutor attesting that the patient

does not have access to the firearm. A law enforcement officer or agency shall not be held liable in any civil action brought

by any person for failing to learn of, locate, or seize a firearm pursuant to this

subsection. A patient who is determined to be subject to any of the disabilities established in

paragraph (3) of subsection c. of N.J.S.2C:58-3 and submits a certificate of a medical doctor or psychiatrist licensed in New Jersey,

or other satisfactory proof in accordance with that paragraph shall be entitled to

the reinstatement of any firearms purchaser identification cards, permits to purchase

a handgun, and any other permit or license authorizing possession of a firearm seized

pursuant to this subsection.