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Key points

  • The New Jersey Supreme Court revised the bar's Character and Fitness Questionnaire effective October 1, 2023 to ask about conduct, not diagnosis or treatment.
  • Question 12A excludes conduct related to a condition that is or has been treated effectively; Question 12B asks whether you raised a condition as a defense or explanation.
  • NJ LAP records and meetings are confidential under Court Rule 1:28B-3, and since December 2023 anyone may refer a law professional to it.
  • The Physician Assistant application defines illegal drug use to include controlled substances not taken as a practitioner directed.
  • N.J.S.A. 45:1-37(e) exempts a clinician from reporting another professional's impairment learned while treating that professional.

People in licensed professions often put off an ADHD evaluation because they assume a diagnosis will have to be reported. In New Jersey, the answer depends on which form you are filling out, and the forms ask narrower questions than many people expect. This page reports what the documents themselves say, based on versions posted as of October 2026, and marks plainly what could not be confirmed. It is general information, not legal advice. Before you sign any application, read the current version and take questions to the licensing body or an attorney who handles professional licensing.

The short comparison

SettingAsks about an ADHD diagnosis or medication?What it asks instead
New Jersey bar: Character and Fitness Questionnaire, Section 12 (revised effective October 1, 2023)NoConduct in the last five years that could call fitness into question, excluding conduct tied to a condition that is or has been treated effectively; whether you raised a condition as a defense or explanation
Division of Consumer Affairs health licensing forms (example reviewed: Physician Assistant application, Rev. 1/2/19)No question on diagnosis was found in the copy reviewedCurrent illegal use of controlled dangerous substances, defined to include drugs not taken as a practitioner directed
Board of Medical Examiners physician applicationNot confirmedThe application is filed online and its health questions were not reviewed for this guide
Commercial driver's licenseMedical standard, not a questionnaireFederal fitness rules in 49 CFR 391.41, applied by a certified medical examiner

Lawyers: the New Jersey bar's character and fitness review

On September 19, 2023, the New Jersey Supreme Court narrowed the mental health part of the Character and Fitness Questionnaire. The old question asked whether you currently had any condition, including "a mental, emotional or nervous disorder or condition," that affected your ability to practice. It was deleted.

The revised Section 12 asks two things, each with a five-year look-back:

  • Question 12A: whether you have "exhibited conduct or behavior that could call into question your ability to practice law in a competent, ethical, and professional manner." The question itself says you need not disclose conduct or behavior related to a mental health diagnosis, addiction or other condition "that is or has been treated effectively by a health care provider or other medical professional, or through consistent participation in an established treatment program."
  • Question 12B: whether you have asserted any condition or impairment "as a defense, in mitigation, or as an explanation for your conduct" in an inquiry, investigation, or administrative or judicial proceeding, or in an employment disciplinary or termination procedure.

The preamble adds that the Court and the Committee on Character "encourage candidates to seek support and treatment," and that candidates "should not view the attorney licensure process as a deterrent to pursue treatment." The changes took effect October 1, 2023.

Read plainly, a candidate whose ADHD is diagnosed and treated, and who has not raised it to explain conduct in a proceeding, is not asked about it. If you told a law school or employer that ADHD explained a disciplinary problem, Question 12B may apply, and that is worth reviewing with a lawyer. The preamble also says the guidance applies to 12A only and that all other questions, including criminal charges, must be answered fully. Bar exam accommodations are a separate application, covered in ADHD accommodations on the New Jersey bar exam and licensing exams.

The New Jersey Lawyers Assistance Program

The New Jersey Lawyers Assistance Program (NJ LAP) serves judges, attorneys, law students and law graduates. Under Court Rule 1:28B-3, its records, documents and meetings are confidential, and the identity of program clients is never disclosed in its reports. Since a December 2023 rule change, anyone can refer a law professional to NJ LAP, including the Office of Attorney Ethics. The Court's notice says NJ LAP "will not disclose client information except if requested by the person receiving NJ LAP services," and nothing is shared back with the person who made a referral.

Health professionals licensed through the Division of Consumer Affairs

New Jersey's health licensing boards sit within the Division of Consumer Affairs. The Physician Assistant application reviewed for this guide (revised January 2, 2019) asks whether you are "currently engaged in the illegal use of controlled dangerous substances." It defines that phrase to include drugs obtained illegally and "controlled dangerous substances which are not obtained pursuant to a valid prescription or not taken in accordance with the directions of a licensed health care practitioner." "Currently" means recently enough to affect functioning, or within the previous 365 days, whichever is longer.

Under that wording, a stimulant prescribed to you and taken as directed is not "illegal use." Taking someone else's pills, or your own in ways not prescribed, would be. The form also says answers to that question are kept confidential and separate.

Three limits apply:

  • Only the Physician Assistant form was read in full. The Board of Medical Examiners' physician application is online, and its current health questions were not confirmed. Nursing, pharmacy and other boards' forms were not reviewed either.
  • Hospital credentialing, malpractice insurers and health plans ask their own questions, separate from the state license.
  • A 2026 Senate bill, S2635, would bar health licensing boards from asking about a history of behavioral health care and would limit questions to current impairment. The Legislature's record shows it was introduced and referred to the Senate Health, Human Services and Senior Citizens Committee on January 13, 2026, with no further action shown as of October 2026. It is not law.

Impairment, not diagnosis

The Board of Medical Examiners runs an Alternative Resolution Program for licensees "suffering from chemical dependencies and other impairments," which lets them disclose their status to an entity that provides confidential oversight. Approved professional assistance programs report to the board's Impairment Review Committee using a code number, without information from which the person can be identified.

The regulation defines impairment as "an inability to function at an acceptable level of competency, or an incapacity to continue to practice with the requisite skill, safety and judgment," caused by, among other things, a psychiatric disorder. The definition turns on function. A diagnosis by itself does not meet it.

Two parts of the 2005 Health Care Professional Responsibility and Reporting Enhancement Act matter to clinicians who seek care:

  • A health care professional generally must notify the Division if another professional shows an impairment that presents an imminent danger. That duty does not apply when the knowledge came from treating that professional (N.J.S.A. 45:1-37(e)).
  • A hospital or other health care entity need not report an impairment-related leave of absence if the professional sought help from an approved assistance program and is following its treatment or monitoring.

Nurses should ask the Board of Nursing directly how its monitoring program works. Its current terms could not be confirmed from an official page for this guide.

Commercial drivers

A CDL is governed by a medical standard rather than an application question. Under 49 CFR 391.41, a driver must have no "psychiatric disorder likely to interfere with his/her ability to drive a commercial motor vehicle safely," and the rule separately addresses amphetamines and prescribed scheduled drugs. A certified medical examiner decides. See ADHD and driving in New Jersey and ADHD rules for pilots, commercial drivers and military service.

Federal security clearances

Many New Jersey residents hold federal or contractor jobs. The SF-86 posted by the Office of Personnel Management (revised November 2016) states that mental health treatment "in and of itself, is not a reason to revoke or deny eligibility," and its Section 21 does not ask about ADHD. The full breakdown is in does an ADHD diagnosis affect a professional license or security clearance, which applies equally to New Jersey residents.

Practical points before you sign

  • Download the current form and answer the question as worded, truthfully and completely.
  • Take prescribed medication only as directed. On the forms reviewed, that is the line between treatment and "illegal use."
  • Keep treatment consistent and documented. The bar questionnaire expressly treats effective treatment as a reason not to disclose related conduct.
  • Before answering a question about raising a condition as a defense, check whether you ever did so at school or work.

Who can see your records without your consent is covered in who can see your ADHD diagnosis and prescriptions in New Jersey. For how care works for busy professionals, see ADHD treatment for professionals in New York and New Jersey, and for what an evaluation covers, the adult ADHD evaluation page.

Questions

Do I have to disclose ADHD on the New Jersey bar application?

The revised Section 12 does not ask about diagnosis or treatment. Question 12A asks about recent conduct and excludes conduct related to a condition that is or has been treated effectively. Question 12B asks whether you raised a condition as a defense or explanation in a proceeding, so read it carefully.

Does taking a prescribed stimulant count as illegal drug use on a New Jersey health license form?

On the Physician Assistant application reviewed for this guide, illegal use is defined to include controlled substances not obtained by valid prescription or not taken as a practitioner directed. A prescription taken as directed falls outside that definition. Check the current form for your own profession.

Will my psychiatrist report me to my licensing board?

New Jersey's duty to report another professional's impairment does not apply when the knowledge came from treating that professional (N.J.S.A. 45:1-37(e)). Other limits on confidentiality, such as a serious threat of harm, are separate.

Does the New Jersey physician license application ask about mental health?

That could not be confirmed. The Board of Medical Examiners' application is filed online and its health questions were not reviewed for this guide. A 2026 bill to limit such questions to current impairment had not advanced past committee referral as of October 2026.

Is the New Jersey Lawyers Assistance Program confidential?

Yes. Court Rule 1:28B-3 makes its records, documents and meetings confidential, and client identities are not disclosed in its reports. The Court's December 2023 notice says nothing is shared with the person who referred someone.

Sources

  1. New Jersey Courts: Notice to the Bar, Supreme Court Limits Inquiries About Mental Health on the Character and Fitness Questionnaire (September 21, 2023)
  2. New Jersey Courts: Supreme Court revises mental health question for bar applicants (press release, September 21, 2023)
  3. New Jersey Courts: Notice to the Bar, NJ LAP rule amendments to allow third-party referrals (December 8, 2023)
  4. New Jersey Division of Consumer Affairs: Physician Assistant Application for Licensure (Rev. 1/2/19)
  5. New Jersey Legislature: Senate Bill S2635 (2026 session), protections for health care professionals who receive behavioral health care
  6. Cornell Legal Information Institute: N.J.A.C. 13:35-11.1, Alternative Resolution Program definitions
  7. Cornell Legal Information Institute: N.J.A.C. 13:35-11.4, Duties of the Impairment Review Committee
  8. New Jersey Legislature: P.L.2005, c.83, Health Care Professional Responsibility and Reporting Enhancement Act
  9. Cornell Legal Information Institute: 49 CFR 391.41, Physical qualifications for drivers
  10. US Office of Personnel Management: Standard Form 86 (revised November 2016)

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