N.J. Admin. Code § 13:45C-1.6

Current through Register Vol. 56, No. 21, November 4, 2024

Section 13:45C-1.6 - Maintenance of and access to statements, records or other information that is subject to a privilege declared unavailable

(a) Any statements, records or other information which may be subject to any privilege declared unavailable in this subchapter shall be maintained in a secure place and manner by:

1. The evidence custodian within the Division of Consumer Affairs, Enforcement Bureau;

2. The professional or occupational licensing board and the committee or other subunit of a board or committee located within the Division which has a direct connection with, or a need for access to, the matter to which the statements, records or other information pertain; or

3. A Deputy Attorney General.

(b) Except as may be otherwise ordered as provided in the subchapter, access to statements, records or other information shall be afforded only to employees and agents of, and experts or other consultants retained by, the Attorney General, the Enforcement Bureau, or the Board or other subunit of the Division having a direct connection with, or a need for access to, the matter to which the statement, records or other information pertain.

(c) The statements, records or other information may be retained for the period of time during which an investigation remains open or until the completion of all administrative or judicial proceedings relating thereto, at which time they may be returned to the licensee or other person from whom they were obtained. In the absence of such licensee or other person, the statements, records or other information may be returned to the patient, where appropriate.

N.J. Admin. Code § 13:45C-1.6

Amended by R.2000 d.356, effective 9/5/2000.
See: 32 N.J.R. 2211(a), 32 N.J.R. 3328(b).
In (a), deleted "acquired" following "information" in the introductory paragraph, and substituted a reference to subunits of boards and committees located within the Division for a reference to sub-agencies of the Division in 2; and in (b), substituted a reference to subunits of the Division for a reference to sub-agencies of the Division.
Amended by R.2006 d.81, effective 2/21/2006.
See: 37 N.J.R. 3268(a), 38 N.J.R. 1215(b).
In (b), added "and agents" and ", and experts or other consultants retained by,"; in (c), substituted "may" for "shall" throughout and deleted "only" following "retained."