New Jersey § 2a:84a-22

§ 2a:84a-22.

As used in sections 1 and 2 of P.L.2022, c. 51 ( C.2A:84A-22.18 and C.2A:84A-22.19 ): “ Person ” includes an individual, partnership, association, limited liability company, or

corporation. “ Reproductive health care services ” means all medical, surgical, counseling, or referral services relating to the human

reproductive system including, but not limited to, services relating to pregnancy,

contraception, or termination of a pregnancy. a. Except as provided in sections 3 through 7 of P.L.1968, c. 185 ( C.2A:84A-22.3 through 2A:84A-22.7 ), section 1 of P.L.1970, c. 313 ( C.2A:84A-22.8 ), section 29 of P.L.1968, c. 401 ( C.45:8B-29 ), and subsection b. of this section, in any civil action or proceeding preliminary

thereto or in any probate, legislative or administrative proceeding, a covered entity,

as set forth in the medical privacy and security rules pursuant to Parts 160 and 164 of Subchapter C of Subtitle A of Title 45 of the Code of Federal Regulations , established pursuant to the “Health Insurance Portability and Accountability Act

of 1996,” Pub.L.104-191 , shall not disclose, unless the patient or that patient's conservator, guardian,

or other authorized legal representative explicitly consents in writing to the disclosure: (1) any communication made to the covered entity, or any information obtained by the

covered entity from, a patient or the conservator, guardian, or other authorized legal

representative of a patient relating to reproductive health care services that are

permitted under the laws of this State; or (2) any information obtained by personal examination of a patient relating to reproductive

health care services that are permitted under the laws of this State. A covered entity shall inform the patient or the patient's conservator, guardian,

or other authorized legal representative of the patient's right to withhold such written

consent at or before the time reproductive health care services are rendered or at

such time as the patient discloses any information relating to reproductive health

care services that have been previously rendered. b. Written consent of the patient or the patient's conservator, guardian, or other

authorized legal representative shall not be required for the disclosure of any communication

or information: (1) pursuant to the laws of this State or the Rules of Court; (2) by a covered entity against whom a claim has been made, or there is a reasonable

belief will be made, in an action or proceeding, to the covered entity's attorney

or professional liability insurer or insurer's agent for use in the defense of the

action or proceeding; (3) to the Commissioner of Health, Human Services, or Banking and Insurance, or any

professional licensing board operating under the authority of the Division of Consumer

Affairs in the Department of Law and Public Safety for records of a patient of a covered

entity in connection with an investigation of a complaint, if the records are related

to the complaint; or (4) if child abuse, abuse of an elderly individual, abuse of an individual who is

incapacitated, or abuse of an individual with a physical or mental disability is known

or in good faith suspected. For the purposes of this paragraph, the provision of or material support for reproductive

health care services that are permitted under the laws of this State shall not constitute

abuse. Nothing in this subsection shall be construed to conflict with or displace any requirements

or conditions for disclosure set forth under 45 C.F.R. ss.160.203 and 164.514. c. Nothing in this section shall be construed to impede the lawful sharing of medical

records as permitted by State or federal law or the Rules of Court.