New Jersey Statutes

N.J. Stat. § 45:14B-28 (2026)

Confidential relations and communications

✓ current as of May 2026
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28. The confidential relations and communications between and among a licensed practicing psychologist and individuals, couples, families or groups in the course of the practice of psychology are placed on the same basis as those provided between attorney and client, and nothing in this act shall be construed to require any such privileged communications to be disclosed by any such person.

There is no privilege under this section for any communication: (a) upon an issue of the client's condition in an action to commit the client or otherwise place the client under the control of another or others because of alleged incapacity, or in an action in which the client seeks to establish his competence or in an action to recover damages on account of conduct of the client which constitutes a crime; or (b) upon an issue as to the validity of a document as a will of the client; or (c) upon an issue between parties claiming by testate or intestate succession from a deceased client.

Notes of Decisions
Cited in 10 cases (1 in the last 5 years), 1983–2024 · leading case: Hannah Ann Culbertson v. Randall Eric Culbertson, 455 S.W.3d 107 (Tenn. Ct. App. 2014).
Hannah Ann Culbertson v. Randall Eric Culbertson, 455 S.W.3d 107 (Tenn. Ct. App. 2014). · cites it 2× “24 The psychologist-client privilege in New Jersey is found in N.J.S.A. 45:14B-28, which is incorporated in Rule 505 of the New Jersey Rules of Evidence.”
In Re Grand Jury Subpoena (Psychological Treatment Records), 710 F. Supp. 999 (D.N.J. 1989). · cites it 4× “2 (West 1976) (physician-patient privilege); N.J.Stat.Ann. § 45:14B-28 (West 1978) (psychologist-patient privilege); 42 Pa.”
Ziemann v. Burlington Cnty. Bridge Comm'n, 155 F.R.D. 497 (D.N.J. 1994). · cites it 4× “Moreover, while only communications with a licensed psychologist may be privileged under N.J.S.A. § 45:14B-28, the marriage counselor privilege is not lost where the marriage counselor is unlicensed.”
In Re Subpoena Served Upon Jorge S. Zuniga, M.D. In Re Subpoena Served Upon Gary R. Pierce, M.D., 714 F.2d 632 (6th Cir. 1983). “19; N.J.Stat. Ann. § 45:14B-28; N.M.Rules of Ev.”
Twp. of West Orange v. Whitman, 8 F. Supp. 2d 408 (D.N.J. 1998). “30:4-24,3, and state and federal recognition of the psychiatrist-patient privilege, see N.J.S.A. 45:14B-28; Jaffee v. Redmond, 518 U.”
State of New Jersey v. E.E. (N.J. Super. Ct. App. Div. 2024). · cites it 2× “On a motion for discovery of mental health records, "a defendant must make three showings: (1) that there is a substantial, particularized need for such access; (2) that the information sought is relevant and material; and (3) that the information is not available through less…”
Daneen a. Kelly Vs. John Kelly (fm-07-0169-15, Essex Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2019). “See N.J.S.A. 45:14B-28; see also N.J.R.E. 505.”
State of New Jersey in the Interest of J.T. (fj-09-0585-13, Hudson Cnty. & Statewide) (record Impounded) (N.J. Super. Ct. App. Div. 2019). “N.J.S.A. 45:14B-28 and N.J.R.E. 505 both provide, in part: The confidential relations and communications between and among a licensed practicing psychologist and individuals .”
In the Matter of the Suspension or Revocation of License of L. Barry Helfmann, Psy.d. (state Bd. of Psychological Examiners) (N.J. Super. Ct. App. Div. 2020). “" N.J.S.A. 45:14B-28; N.J.R.E. 505. The Rules of Professional Conduct authorize an attorney to reveal information relating to representation of a client "to the extent the lawyer reasonably believes necessary .”
State of New Jersey Vs. Derrick Johnson (06-08-1865 & 06-09-2078, Atl. Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2020). “An individual's mental health records are privileged and are protected by N.J.S.A. 45:14B-28, N.J.R.E. 505 (psychologist-patient privilege), and N.”
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