ASSEMBLY, No. 3563

STATE OF NEW JERSEY

213th LEGISLATURE

INTRODUCED DECEMBER 15, 2008

 


 

Sponsored by:

Assemblywoman PAMELA R. LAMPITT

District 6 (Camden)

Assemblyman PATRICK J. DIEGNAN, JR.

District 18 (Middlesex)

 

Co-Sponsored by:

Assemblywoman Vainieri Huttle

 

 

 

 

SYNOPSIS

†††† Requires public institution of higher education to notify the parents of certain dependent students, without prior consent of the student, when student receives mental health treatment at the institution.

 

CURRENT VERSION OF TEXT

†††† As introduced.

††


An Act concerning the provision of certain information to the parents of dependent students at public institutions of higher education and supplementing chapter 3B of Title 18A of the New Jersey Statutes.

 

†††† Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

†††† 1.††† a.†† Notwithstanding the provisions of any law, rule, or regulation to the contrary, the governing board of a public institution of higher education shall establish policies and procedures requiring the notification of the parent of a dependent student when the student receives mental health treatment at the institutionís student health or counseling center and the treatment becomes part of the studentís educational record in accordance with the federal ďHealth Insurance Portability and Accountability Act of 1996,Ē Pub.L.104-191, and may be disclosed without prior consent as authorized by the federal ďFamily Educational Rights and Privacy Act,Ē Pub.L.93-380 (20 U.S.C. s.1232g) and related regulations. The notification shall only be required if it is determined that there exists a substantial likelihood that, as a result of mental illness, the student will in the near future: cause serious physical violence to himself or others as evidenced by recent behavior or any other relevant information; or, suffer serious harm due to his lack of capacity to protect himself from harm or to provide for his basic human needs.

†††† b.††† The notification required pursuant to subsection a. of this section may be withheld if the studentís treating physician or psychologist has made as part of the studentís record a written statement that, in the exercise of his professional judgment, the furnishing to or review by the parent of such health records would be reasonably likely to cause substantial harm to the student or another person.† †

†††† c.†††† A public institution of higher education or an employee of the institution who provides notification pursuant to subsection a. of this section, in good faith and without malice, shall not be liable for civil damages in any cause of action arising out of the provision of the notification.

 

†††† 2.††† This act shall take effect immediately.

 

 

STATEMENT

 

†††† This bill requires the governing board of a public institution of higher education to establish policies and procedures concerning the notification of the parent of a dependent student when the student receives mental health treatment at the institutionís student health or counseling center and the treatment becomes part of the studentís educational record in accordance with the federal Health Insurance Portability and Accountability Act. Under the bill, notification will only be required if it is determined that there exists a substantial likelihood that, as a result of mental illness, the student will in the near future: cause serious physical violence to himself or others as evidenced by recent behavior or any other relevant information; or, suffer serious harm due to his lack of capacity to protect himself from harm or to provide for his basic human needs.

†††† Under the bill, notification may be withheld if the studentís treating physician or psychologist determines and documents in the studentís record that the furnishing to or review by the parent of the information would be reasonably likely to cause substantial harm to the student or another person.