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S1405 1R
[First Reprint]
SENATE, No. 1405
STATE OF NEW JERSEY
222nd LEGISLATURE
�
Sponsored by:
Senator JOSEPH A. LAGANA
District 38 (Bergen)
Senator� HOLLY T. SCHEPISI
District 39 (Bergen)
SYNOPSIS
���� Establishes professional licensure and certification
for tobacco treatment counseling.
CURRENT VERSION OF TEXT
���� As reported by the Senate Commerce Committee on May
18, 2026, with amendments.
��
An Act
concerning regulation of tobacco treatment specialists
and amending and supplementing P.L.1997, c.331.
����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:
���� 1.��� Section 2 of P.L.1997,
c.331 (C.45:2D-2) is amended to read as follows:
���� 2.��� The Legislature finds
and declares that: the profession of alcohol and drug counseling
and the
profession of tobacco treatment counseling
profoundly
[
affects
]
affect
the lives and public safety of the people of New Jersey; the public interest
requires the establishment of professional licensing and certification
standards for alcohol and drug counselors
and tobacco treatment specialists
to protect the citizens of this State by setting standards of education,
ethics, competencies and experience for those persons presently practicing and
for those seeking to practice and be licensed or certified as alcohol and drug
counselors
or as tobacco and nicotine treatment specialists
in this
State; licensing and certification will enable other professionals, health
services providers, employers and the general public to recognize qualified
practicing alcohol and drug counselors
and tobacco treatment specialists
;
and licensing and certification will provide assurances that professionals
engaged in alcohol and drug counseling
and tobacco treatment counseling
meet acceptable standards of education, experience, ethics and competency in
practice which will encourage and promote quality treatment and rehabilitation
for drug and alcohol abusers
and tobacco and nicotine abusers
.
(cf: P.L.1997, c.331, s.2)
���� 2.��� Section 3 of P.L.1997,
c.331 (C.45:2D-3) is amended to read as follows:
���� 3.��� As used in
[
this act
]
P.L.1997,
c.331 (C.45:2D-1 et seq.)
:
���� "Alcohol and drug
counseling" means the professional application of alcohol and drug
counseling methods which assist an individual or group to develop an
understanding of alcohol and drug dependency problems, define goals, and plan
action reflecting the individual's or group's interest, abilities and needs as
affected by alcohol and drug dependency problems.
���� "Alcohol and Drug
Counselor Certification Board of New Jersey, Inc." means the member of the
International Certification Reciprocity Consortium of Alcohol and Other Drug
Abuse, Inc. which certifies alcohol and drug counselors in the State of New
Jersey.
���� "Board" means the
State Board of Marriage and Family Therapy Examiners.
���� "Certified alcohol and
drug counselor" means a person who holds a current, valid certificate
issued pursuant to section 5 of
[
this
act
]
P.L.1997,
c.331 (C.45:2D-5)
.
����
"Certified tobacco
treatment specialist" means a person who is a mental health counselor and holds
a current, valid certificate issued pursuant to section 4 of P.L.��� , c.����
(C.������� ) (pending before the Legislature as this bill).
���� "Committee" means
the Alcohol and Drug Counselor Committee established pursuant to section 12 of
[
this act
]
P.L.1997,
c.331 (C.45:2D-12)
.
���� "Department" means
the Department of Law and Public Safety.
���� "Director" means the
Director of the Division of Consumer Affairs in the Department of Law and
Public Safety.
���� "Licensed clinical
alcohol and drug counselor" means a person who holds a current, valid
license issued pursuant to section 4 of
[
this
act
]
P.L.1997,
c.331 (C.45:2D-4)
����
"Licensed clinical
tobacco treatment specialist" means a person who is a mental health
counselor and holds a current, valid license issued pursuant to section 3 of P.L.���
, c.���� (C.������� ) (pending before the Legislature as this bill).
���� "Self-help group"
means a voluntary group of persons who offer peer support to each other in
recovering from an addiction.
���� "Supervised practical
training" means supervision which seeks to teach the knowledge and skills
related to alcohol and drug counseling.
���� "Supervision" means
the direct review of a supervisee for the purpose of accountability, teaching,
training, administering, or clinical review by a supervisor in the same area of
specialized practice.
����
"Tobacco treatment
counseling" means the professional application of tobacco and nicotine
treatment counseling methods which assist an individual or group to develop an
understanding of tobacco and nicotine dependency problems and define goals and
plans of action reflecting the individual's or group's interest, abilities, and
needs as affected by tobacco and nicotine dependency problems.
(cf: P.L.1997, c.331, s.3)
���� 3.��� (New section)� a.� Each
person applying for licensure as a licensed clinical tobacco treatment
specialist shall make application to the board on the form and in the manner
the committee prescribes and the board shall immediately refer each application
to the committee for appropriate action.� Each applicant shall furnish evidence
satisfactory to the committee that the applicant has:
���� (1) received, at a minimum, a
master's degree from an accredited institution of higher education with a
minimum of 18 graduate semester hours in counseling or counseling related
subjects;
���� (2) successfully completed all
the requirements to be a certified tobacco treatment specialist pursuant to
section 4 of
P.L. , c. (C. )
(pending before the Legislature as this bill); and
���� (3) successfully completed a
written examination produced by the Association for the Treatment of Tobacco
Use and Dependence, a nationally recognized tobacco treatment counseling
organization.
���� b. The board shall issue a
license as a licensed clinical tobacco treatment specialist to any health care
provider in this State who, within the scope of that provider's practice,
diagnoses and treats tobacco or nicotine related disorders and demonstrates to
the board that the person has equivalent education, training and comparable
years of experience as required pursuant to subsection a. of this section.
���� 4.��� (New section)� a. Each
person applying for certification as a certified tobacco treatment specialist
shall make application to the committee on the form and in the manner the
committee prescribes. Each applicant shall furnish evidence satisfactory to the
committee, and that the applicant has received a high school diploma or a
certificate of high school equivalency and that the applicant has:
���� (1)�� completed the Rutgers
Tobacco Dependence Program of 42 hours
1
,
or other accredited program on tobacco dependence,
1
and
submit the original certificate for review.� Applicants with a master�s degree
or above from an accredited institution of higher education in the human
services field shall have one year of full-time counseling or health care
experience, where 2000 hours is the equivalent of one year.� Applicants with a
bachelor�s degree from an accredited institution of higher education in the
human services field shall have two years of full-time counseling or health
care experience, where 4,000 hours is the equivalent of two years.� Applicants
with a certified alcohol and drug counselor, licensed clinical alcohol and drug
counselor, nursing, or other recognized health care provider qualification,
shall have four years of
1
[
fulltime
]
full-time
1
counseling or health care experience, where 8,000 hours is the equivalent of
four years;
���� (2)�� hours that consist of
supervised practical training in tobacco treatment counseling acceptable to the
board.� This practical training may be part of the work experience pursuant to
paragraph (3) of this subsection and may be completed under more than one
agency or supervisor; and
���� (3)�� supervised work
experience acceptable to the board which may be paid or voluntary time working
directly with tobacco or nicotine dependent patients.� This experience may
include both direct and indirect functions.� Formal education or unsupervised
work experience may not be substituted for the required experience.
���� b.��� The experience and
education requirements in subsection a. of this section shall ensure that the
applicant is competent in the functions of a certified tobacco treatment
specialist, which include:� screening, intake, orientation, assessment,
treatment planning, counseling, case management, crisis intervention, education
and prevention, referral, consultation with other professionals in regard to
client treatment and services, and reporting and recordkeeping.
���� 5.��� (New section)� a. No
person shall engage in the practice of tobacco treatment counseling as a
licensed clinical tobacco treatment specialist unless licensed under P.L.��� ,
c.���� (C.������� ) (pending before the Legislature as this bill).� No person
shall engage in the practice of tobacco treatment counseling as a certified
tobacco treatment specialist unless certified under P.L.��� , c.����
(C. ) (pending before the
Legislature as this bill).
���� b.��� No person shall assume,
represent as, or use the title or designation "licensed clinical tobacco
treatment specialist," or "certified tobacco treatment
specialist," or any other similar title or designation as determined by
the board, or any of the abbreviations for those titles,� unless licensed or
certified under
P.L. , c. (C. )
(pending before the Legislature as this bill), and unless the title or
designation corresponds to the license or certification held by the person
pursuant to P.L.�� �, c.���� (C.������� ) (pending before the Legislature as
this bill).
���� c.���� No person shall engage
in the independent practice of tobacco treatment counseling for a fee unless
the person is licensed under
P.L. , c. (C. )
(pending before the Legislature as this bill) as a licensed clinical tobacco
treatment specialist or the person is a certified tobacco treatment specialist
practicing under the supervision of a licensed clinical tobacco treatment specialist.
���� d.��� No person shall engage
in the practice of tobacco treatment counseling as a licensed clinical tobacco
treatment specialist or a certified clinical tobacco treatment specialist
unless the person is practicing under the supervision of a physician licensed
to practice in this State.
���� 6.��� Section 6 of P.L.1997,
c.331 (C.45:2D-6) is amended to read as follows:
���� 6.��� The committee shall
review the qualifications of each person who applies for licensure or
certification.� No applicant shall be licensed or certified by the board unless
a majority of the full committee first determines that the applicant has met
the education and experience requirements and performed satisfactorily on the
appropriate examinations required pursuant to
[
this
act
]
P.L.1997,
c.331 (C.45:2D-1 et seq.)
.� All applicants who are determined to be
qualified and are recommended for licensure or certification by the committee
shall be considered for licensure or certification by the board, with the final
decisions to be made by the board.� The board is authorized to review the
actions taken by the committee with respect to the committee's evaluation and
examination of applicants for licensure as licensed clinical alcohol and drug
counselors or
licensed clinical tobacco treatment specialists or
for
certification as certified alcohol and drug counselors
or certified tobacco
treatment specialists
and the board may reverse, modify or fail to
implement any determination by the committee with an affirmative vote of a
majority of the board.
(cf: P.L.1997, c.331, s.6)
���� 7.��� Section 9 of P.L.1997,
c.331 (C.45:2D-9) is amended to read as follows:
���� 9. a. Nothing in P.L.1997,
c.331 (C.45:2D-1 et seq.) shall be construed to prevent a person from engaging
in or offering services for alcohol use disorder and substance use disorder
involving drugs
or tobacco and nicotine dependence and abuse
, such as
self-help, sponsorship through alcoholics and narcotics anonymous groups or
other uncompensated counseling assistance for alcohol use disorder and
substance use disorder involving drugs.
���� b.��� Nothing in P.L.1997,
c.331 (C.45:2D-1 et seq.) shall be construed to apply to the activities and
services of a designated employee or other agent of a private employer who has
been designated to be involved in the evaluation or referral for counseling of
employees of the private employer, or an employee or other agent of a
recognized academic institution, a federal, State, county, or local government
institution, agency, or facility, or a school district, if the individual is
performing these activities solely within the company or agency, as the case
may be, or under the jurisdiction of that company or agency and if a license
granted under P.L.1997, c.331 (C.45:2D-1 et seq.) is not a requirement for
employment.
���� c.���� Nothing in P.L.1997,
c.331 (C.45:2D-1 et seq.) shall be construed to apply to the activities and
services of a rabbi, priest, minister, Christian Science practitioner or member
of the clergy of any religious denomination or sect, when engaging in activities
which are within the scope of the performance of the person's regular or
specialized ministerial duties and for which no separate charge is made, or
when these activities are performed, with or without charge, for or under the
auspices or sponsorship, individually or in conjunction with others, of an
established and legally cognizable church, denomination, or sect, and when the
person rendering services remains accountable to the established authority
thereof.
���� d.��� Nothing in P.L.1997,
c.331 (C.45:2D-1 et seq.) shall be construed to apply to the activities and
services of a student, intern or trainee in counseling for alcohol use disorder
and substance use disorder involving drugs pursuing a course of study in counseling
in a regionally accredited institution of higher education or training
institution, if these activities are performed under supervision and constitute
a part of the supervised course of study.
���� e.���� Nothing in P.L.1997,
c.331 (C.45:2D-1 et seq.)
or P.L. , c. (C. )
(pending before the Legislature as this bill)
shall be construed to prevent
a person from doing work of an alcohol
, tobacco,
or drug counseling
nature, or advertising those services, when acting within the scope of the
person's profession or occupation and doing work consistent with the person's
training, including physicians, clinical social workers, psychologists, nurses,
or any other profession or occupation licensed by the State, or students within
accredited programs of these professions, if the person does not hold himself
or herself out to the public as possessing a license or certification issued
pursuant to P.L.1997, c.331 (C.45:2D-1 et seq.)
or P.L.��� , c.����
(C.������� ) (pending before the Legislature as this bill)
.
(cf: P.L.2017, c.131, s.180.)
���� 8.��� Section 11 of P.L.1997,
c.331 (C.45:2D-11) is amended to read as follows:
���� 11.� An alcohol and drug
counselor or clinical alcohol and drug counselor
, or a tobacco treatment
specialist,
certified or licensed pursuant to the provisions of
[
this act
]
P.L.1997,
c.331 (C.45:2D-1 et seq.)
, or
[
his
]
an
employee
of a counselor or specialist
, shall not disclose any
confidential information that the counselor
or specialist
, or
[
his
]
an
employee
of a counselor or specialist
, may have acquired while
performing alcohol and drug
or tobacco
counseling services for a patient
unless in accordance with the federal regulations regarding the confidentiality
of alcohol and drug
or tobacco treatment
patient records pursuant to 42
C.F.R. 2.1 et seq.
(cf: P.L.1997, c.331, s.11)
���� 9. This act shall take effect
on the 90th day next following enactment.