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S4037
SENATE, No. 4037
STATE OF NEW JERSEY
222nd LEGISLATURE
�
INTRODUCED MARCH 19, 2026
Sponsored by:
Senator� JOSEPH F. VITALE
District 19 (Middlesex)
SYNOPSIS
���� Establishes oversight and qualifications of peer
recovery specialists.
CURRENT VERSION OF TEXT
���� As introduced.
��
An Act
concerning peer recovery specialists and supplementing Title 45 of the Revised
Statutes.
����
Be It Enacted
by the Senate and General Assembly of the State of New Jersey:
���� 1.��� As used in this act:
���� "Department" means
the Department of Law and Public Safety.
���� "Director" means the
Director of the Division of Consumer Affairs.
���� �Division� means the Division
of Consumer Affairs in the Department of Law and Public Safety.
���� �Lived experience� means
experience with substance use disorder and residual side effects of the
disorder that informs the care a peer recovery specialist provides to other
individuals experiencing substance use disorder.
���� �Peer recovery specialist�
means an individual who provides services as a result of lived experience to
other individuals struggling with substance use disorder or mental health
problems.
���� 2.��� The director shall:
���� a.���� determine standards to
qualify for certification as a peer recovery specialist, which shall include,
in accordance with section 2 of P.L.2002, c.104
(C.45:1-29), passage of a criminal history record background check;
���� b.��� evaluate the
qualifications and make a determination of the eligibility for certification of
all applicants;
���� c.���� conduct hearings
pursuant to the "Administrative Procedure Act," P.L.1968, c.410
(C.52:14B-1 et seq.), except that the director shall have the right to
administer oaths to witnesses, and shall have the power to issue subpoenas for
the compulsory attendance of witnesses and the production of pertinent books,
papers and records;
���� d.��� set fees necessary to
process documentation related to certification; and
���� e.���� have the authority to
address any other item deemed necessary in the oversight of peer recovery
specialists.
���� 3.��� A certified peer
recovery specialist
shall not:
���� a.���� engage
in professional relationships or commitments that conflict with family members,
friends, close associates, or others whose welfare might be jeopardized by that
relationship or commitment;
���� b.���
exploit
peer relationships with current or former peers for personal gain, including
social or business relationships; and
���� c.���� accept
as peers for recovery wellness services anyone with whom
the peer
recovery specialist has
engaged in a personal
relationship, including any family members or spouses.
���� 4.��� No person shall provide
services as a peer recovery specialist unless approved by the director pursuant
to this act.� No person shall present, call, or represent themselves as a peer
recovery specialist unless approved by the director pursuant to this act.
���� 5.��� a.� Nothing in this act
shall be construed to prevent a person from engaging in or offering services
regulated by this act, including for alcohol use disorder and substance use
disorder involving drugs, 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 this act
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 this
act is not a requirement for employment.
���� c.���� Nothing in this act
shall be construed to apply to the activities and services of a 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 this act
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 this act
shall be construed to prevent a person from providing services related to peer
recovery, 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 certification issued pursuant to
this act.
���� 6.��� The director shall
promulgate rules and regulations in accordance with the "Administrative
Procedure Act," P.L.1968, c. 410 (C.52:14B-1 et seq.), necessary to
effectuate the provisions of this act.
���� 7.��� This act shall take
effect on the first day of the 13th month next after the effective date.
STATEMENT
���� The bill incorporates peer
recovery specialists into current law and authorizes the Director of the
Division of Consumer Affairs, in the Department of Law and Public Safety, to
oversee the regulation of the specialists.� As defined in the bill, a peer recovery
specialist is an individual who provides services as a result of lived
experience to other individuals struggling with substance use disorder or
mental health problems.� The director is to establish, among other items, the
requirements to qualify as a peer recovery specialist.�
���� Additionally, the bill
prohibits specialists from: (1)
engaging in
professional relationships or commitments that conflict with family members,
friends, close associates, or others whose welfare might be jeopardized by that
relationship or commitment;
(2)
exploiting
peer relationships with current or former peers for personal gain, including
social or business relationships; and
(3)
accepting
as peers for recovery wellness services anyone with whom
the peer
recovery specialist has
engaged in a personal
relationship, including any family members or spouses.� Moreover, an individual
may only
provide services as a peer recovery specialist and hold
themselves out as a specialist if approved by the director.�
���� The bill does not inhibit (1)
an individual�s ability to provide self-help, sponsorship through support
groups, or other uncompensated counseling assistance; (2) activities and
services of a designated employee or agent of a private employer who is to be
involved in the evaluation or referral for counseling of employees; (3) clergy
when engaging in ministerial duties; (4) activities of trainees or interns
pursuing a course of study in counseling; and (5) services provided by
individuals as part of the scope of practice of the individual�s profession.