ASSEMBLY, No. 169
STATE OF NEW JERSEY
Introduced Pending Technical Review by Legislative Counsel
PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION
By Assemblymen GIBSON and ASSELTA
An Act concerning school-based drug and alcohol abuse counseling programs and supplementing chapter 40A 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. If a public or private school pupil who is participating in a school-based drug and alcohol abuse counseling program provides information during the course of a counseling session in that program which indicates that the pupil's parent or guardian or other person residing in the pupil's household is dependent upon or illegally using a substance as that term is defined in section 2 of P.L.1987, c.387(C.18:40A-9), that information shall be kept confidential and may be disclosed only under the circumstances expressly authorized under subsection b. of this section.
b. The information provided by a pupil pursuant to subsection a. of this section may be disclosed:
(1) subject to the pupil's written consent, to another person or entity whom the pupil specifies in writing;
(2) pursuant to a court order; or
(3) to a person engaged in a bona fide research purpose, except that no names or other information identifying the pupil or the person with respect to whose substance abuse the information was provided, shall be made available to the researcher.
c. Any disclosure made pursuant to paragraph (1) or (2) of subsection b. of this section shall be limited to that information which is necessary to carry out the purpose of the disclosure, and the person or entity to whom the information is disclosed shall be prohibited from making any further disclosure of that information without the pupil's written consent. The disclosure shall be accompanied by a written statement advising the recipient that the information is being disclosed from records the confidentiality of which is protected by P.L. , c. (C. ) (pending before the Legislature as this bill), and that this law prohibits any further disclosure of this information without the written consent of the person from whom the information originated.
d. The prohibition on the disclosure of information provided by a pupil pursuant to subsection a. of this section shall apply whether the person to whom the information was provided believes that the person seeking the information already has it, has other means of obtaining it, is a law enforcement or other public official, has obtained a subpoena, or asserts any other justification for the disclosure of this information.
2. A person who discloses or willfully permits the disclosure of information provided by a pupil in violation of the provisions of section 1 of this act is subject to a fine of not more than $500 for a first offense and not more than $5,000 for a second and each subsequent offense. The penalty shall be collected and enforced in summary proceedings under "the penalty enforcement law" (N.J.S.2A:58-1 et seq.).
3. This act shall take effect immediately.
STATEMENT
This bill ensures the confidentiality of any information provided by a public or private school pupil during a counseling session in a school-based drug and alcohol abuse counseling program that a family member is abusing alcohol or drugs. This bill is intended to expand the protection already provided under federal regulations which ensure the confidentiality of information provided by a pupil in a program of this kind regarding his own substance abuse but not with respect to substance abuse by others.
The bill provides that any person who discloses or willfully permits the disclosure of information provided by a pupil which violates these confidentiality restrictions is subject to a fine of not more than $500 for a first offense and not more than $5,000 for a second and each subsequent offense.
Requires information provided by pupils in school-based drug and alcohol abuse counseling about substance abuse by family members be kept confidential.