| 1 | 1 | | ASSEMBLY, No. 4963 STATE OF NEW JERSEY 221st LEGISLATURE INTRODUCED OCTOBER 21, 2024 |
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| 3 | 3 | | ASSEMBLY, No. 4963 |
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| 5 | 5 | | STATE OF NEW JERSEY |
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| 7 | 7 | | 221st LEGISLATURE |
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| 11 | 11 | | INTRODUCED OCTOBER 21, 2024 |
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| 15 | 15 | | Sponsored by: Assemblyman JOHN V. AZZARITI JR., M.D. District 39 (Bergen) SYNOPSIS Establishes professional licensure and certification for tobacco treatment counseling. CURRENT VERSION OF TEXT As introduced. |
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| 19 | 19 | | Sponsored by: |
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| 21 | 21 | | Assemblyman JOHN V. AZZARITI JR., M.D. |
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| 22 | 22 | | |
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| 23 | 23 | | District 39 (Bergen) |
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| 33 | 33 | | SYNOPSIS |
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| 35 | 35 | | Establishes professional licensure and certification for tobacco treatment counseling. |
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| 38 | 38 | | |
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| 39 | 39 | | CURRENT VERSION OF TEXT |
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| 41 | 41 | | As introduced. |
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| 45 | 45 | | 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 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 fulltime 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. STATEMENT This bill establishes professional licensure and certification for the practice of certain tobacco and nicotine treatment counseling. The bill establishes two new regulated professions: licensed clinical tobacco treatment specialists and certified clinical tobacco treatment specialists. The bill provides that both professions are to be regulated by the Alcohol and Drug Counselor Committee in the State Board of Marriage and Family Therapy Examiners. The bill prohibits the practice of tobacco treatment counseling as a licensed clinical tobacco treatment specialist or certified clinical tobacco treatment specialist unless a person is licensed or certified pursuant to the bill. The bill establishes an application process for licensed or certified clinical tobacco treatment counselors. The bill provides that the board is to issue a tobacco treatment specialist license 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: (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; and (3) successfully completed a written examination. For certified tobacco treatment specialists, each applicant is to furnish evidence satisfactory to the committee that the applicant has completed the Rutgers Tobacco Dependence Program of 42 hours. Applicants must also complete varying amounts of full-time counseling or health care experience, and supervised practice training, depending on their educational background. The bill also provides that a tobacco treatment specialist may not disclose any confidential information that the specialist, or an employee of a specialist may have acquired while performing tobacco counseling services for a patient unless in accordance with the federal regulations regarding the confidentiality of tobacco treatment patient records. The bill provides that 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 direct supervision of a physician licensed to practice in this State. The bill provides it does not prevent a person from doing tobacco counseling work, or advertising that service, if 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 the bill. |
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| 46 | 46 | | |
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| 47 | 47 | | An Act concerning regulation of tobacco treatment specialists and amending and supplementing P.L.1997, c.331. |
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| 48 | 48 | | |
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| 49 | 49 | | |
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| 50 | 50 | | |
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| 51 | 51 | | Be It Enacted by the Senate and General Assembly of the State of New Jersey: |
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| 52 | 52 | | |
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| 53 | 53 | | |
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| 54 | 54 | | |
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| 55 | 55 | | 1. Section 2 of P.L.1997, c.331 (C.45:2D-2) is amended to read as follows: |
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| 56 | 56 | | |
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| 57 | 57 | | 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. |
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| 58 | 58 | | |
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| 59 | 59 | | (cf: P.L.1997, c.331, s.2) |
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| 60 | 60 | | |
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| 61 | 61 | | |
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| 62 | 62 | | |
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| 63 | 63 | | 2. Section 3 of P.L.1997, c.331 (C.45:2D-3) is amended to read as follows: |
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| 64 | 64 | | |
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| 65 | 65 | | 3. As used in [this act] P.L.1997, c.331 (C.45:2D-1 et seq.): |
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| 66 | 66 | | |
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| 67 | 67 | | "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. |
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| 68 | 68 | | |
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| 69 | 69 | | "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. |
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| 70 | 70 | | |
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| 71 | 71 | | "Board" means the State Board of Marriage and Family Therapy Examiners. |
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| 72 | 72 | | |
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| 73 | 73 | | "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). |
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| 74 | 74 | | |
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| 75 | 75 | | "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). |
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| 76 | 76 | | |
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| 77 | 77 | | "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). |
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| 78 | 78 | | |
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| 79 | 79 | | "Department" means the Department of Law and Public Safety. |
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| 80 | 80 | | |
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| 81 | 81 | | "Director" means the Director of the Division of Consumer Affairs in the Department of Law and Public Safety. |
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| 82 | 82 | | |
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| 83 | 83 | | "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) |
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| 84 | 84 | | |
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| 85 | 85 | | "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). |
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| 86 | 86 | | |
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| 87 | 87 | | "Self-help group" means a voluntary group of persons who offer peer support to each other in recovering from an addiction. |
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| 88 | 88 | | |
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| 89 | 89 | | "Supervised practical training" means supervision which seeks to teach the knowledge and skills related to alcohol and drug counseling. |
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| 90 | 90 | | |
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| 91 | 91 | | "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. |
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| 92 | 92 | | |
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| 93 | 93 | | "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. |
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| 94 | 94 | | |
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| 95 | 95 | | (cf: P.L.1997, c.331, s.3) |
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| 96 | 96 | | |
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| 97 | 97 | | |
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| 98 | 98 | | |
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| 99 | 99 | | 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: |
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| 100 | 100 | | |
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| 101 | 101 | | (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; |
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| 102 | 102 | | |
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| 103 | 103 | | (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 |
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| 104 | 104 | | |
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| 105 | 105 | | (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. |
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| 106 | 106 | | |
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| 107 | 107 | | 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. |
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| 108 | 108 | | |
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| 109 | 109 | | |
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| 110 | 110 | | |
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| 111 | 111 | | 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: |
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| 112 | 112 | | |
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| 113 | 113 | | (1) completed the Rutgers Tobacco Dependence Program of 42 hours 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 fulltime counseling or health care experience, where 8,000 hours is the equivalent of four years; |
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| 114 | 114 | | |
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| 115 | 115 | | (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 |
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| 116 | 116 | | |
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| 117 | 117 | | (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. |
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| 118 | 118 | | |
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| 119 | 119 | | 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. |
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| 120 | 120 | | |
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| 121 | 121 | | |
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| 122 | 122 | | |
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| 123 | 123 | | 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). |
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| 124 | 124 | | |
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| 125 | 125 | | 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). |
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| 126 | 126 | | |
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| 127 | 127 | | 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. |
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| 128 | 128 | | |
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| 129 | 129 | | 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. |
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| 130 | 130 | | |
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| 131 | 131 | | |
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| 132 | 132 | | |
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| 133 | 133 | | 6. Section 6 of P.L.1997, c.331 (C.45:2D-6) is amended to read as follows: |
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| 134 | 134 | | |
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| 135 | 135 | | 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. |
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| 136 | 136 | | |
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| 137 | 137 | | (cf: P.L.1997, c.331, s.6) |
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| 138 | 138 | | |
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| 139 | 139 | | |
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| 140 | 140 | | |
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| 141 | 141 | | 7. Section 9 of P.L.1997, c.331 (C.45:2D-9) is amended to read as follows: |
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| 142 | 142 | | |
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| 143 | 143 | | 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. |
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| 144 | 144 | | |
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| 145 | 145 | | 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. |
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| 146 | 146 | | |
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| 147 | 147 | | 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. |
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| 148 | 148 | | |
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| 149 | 149 | | 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. |
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| 150 | 150 | | |
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| 151 | 151 | | 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). |
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| 152 | 152 | | |
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| 153 | 153 | | (cf: P.L.2017, c.131, s.180.) |
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| 154 | 154 | | |
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| 155 | 155 | | |
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| 156 | 156 | | |
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| 157 | 157 | | 8. Section 11 of P.L.1997, c.331 (C.45:2D-11) is amended to read as follows: |
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| 158 | 158 | | |
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| 159 | 159 | | 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. |
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| 160 | 160 | | |
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| 161 | 161 | | (cf: P.L.1997, c.331, s.11) |
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| 162 | 162 | | |
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| 163 | 163 | | |
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| 164 | 164 | | |
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| 165 | 165 | | 9. This act shall take effect on the 90th day next following enactment. |
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| 166 | 166 | | |
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| 167 | 167 | | |
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| 168 | 168 | | |
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| 169 | 169 | | |
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| 170 | 170 | | |
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| 171 | 171 | | STATEMENT |
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| 172 | 172 | | |
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| 173 | 173 | | |
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| 174 | 174 | | |
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| 175 | 175 | | This bill establishes professional licensure and certification for the practice of certain tobacco and nicotine treatment counseling. |
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| 176 | 176 | | |
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| 177 | 177 | | The bill establishes two new regulated professions: licensed clinical tobacco treatment specialists and certified clinical tobacco treatment specialists. The bill provides that both professions are to be regulated by the Alcohol and Drug Counselor Committee in the State Board of Marriage and Family Therapy Examiners. The bill prohibits the practice of tobacco treatment counseling as a licensed clinical tobacco treatment specialist or certified clinical tobacco treatment specialist unless a person is licensed or certified pursuant to the bill. |
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| 178 | 178 | | |
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| 179 | 179 | | The bill establishes an application process for licensed or certified clinical tobacco treatment counselors. The bill provides that the board is to issue a tobacco treatment specialist license 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: |
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| 180 | 180 | | |
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| 181 | 181 | | (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; |
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| 182 | 182 | | |
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| 183 | 183 | | (2) successfully completed all the requirements to be a certified tobacco treatment specialist; and |
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| 184 | 184 | | |
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| 185 | 185 | | (3) successfully completed a written examination. |
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| 186 | 186 | | |
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| 187 | 187 | | For certified tobacco treatment specialists, each applicant is to furnish evidence satisfactory to the committee that the applicant has completed the Rutgers Tobacco Dependence Program of 42 hours. Applicants must also complete varying amounts of full-time counseling or health care experience, and supervised practice training, depending on their educational background. |
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| 188 | 188 | | |
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| 189 | 189 | | The bill also provides that a tobacco treatment specialist may not disclose any confidential information that the specialist, or an employee of a specialist may have acquired while performing tobacco counseling services for a patient unless in accordance with the federal regulations regarding the confidentiality of tobacco treatment patient records. |
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| 190 | 190 | | |
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| 191 | 191 | | The bill provides that 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 direct supervision of a physician licensed to practice in this State. |
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| 192 | 192 | | |
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| 193 | 193 | | The bill provides it does not prevent a person from doing tobacco counseling work, or advertising that service, if 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 the bill. |
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