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Committee Statement to Senate, No. 1405 — Senate Commerce Committee

Summary

Statement to Senate, No. 1405, with committee amendments, from the Senate Commerce Committee of the State of New Jersey, dated May 18, 2026, reporting Senate Bill No. 1405 favorably. The statement says the amended bill establishes professional licensure and certification for the practice of certain tobacco and nicotine treatment counseling, creating licensed clinical tobacco treatment specialists and certified clinical tobacco treatment specialists regulated by the Alcohol and Drug Counselor Committee. It lists requirements including a master's degree with a minimum of 18 graduate semester hours, and for certification the Rutgers Tobacco Dependence Program of 42 hours or another accredited program.

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“Committee Statement to Senate, No. 1405 — Senate Commerce Committee.” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2026-05-18-scm-s1405-s1-4d25141d2f/, SHA-256 3b86b4fc2a919aea1831f9c14ec65333efac0fc0633610238f67eb34db1b502a.

Full text

     SENATE COMMERCE COMMITTEE

                    STATEMENT TO

                  SENATE, No. 1405
                  with committee amendments



 STATE OF NEW JERSEY
                      DATED: MAY 18, 2026

    The Senate Commerce Committee reports favorably and with
committee amendments Senate Bill No. 1405.
    As amended, 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
or other accredited program on tobacco dependence. 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
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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.
    This bill was prefiled for introduction in the 2026-2027 session
pending technical review. As amended and reported, the bill includes
the changes required by technical review, which has been performed.

COMMITTEE AMENDMENTS:
    The committee amended the bill to:
    (1) stipulate an applicant to be a certified tobacco treatment
specialist can complete another accredited program on tobacco
dependence other than the Rutgers University program to qualify for
certification; and
    (2) make a technical update.

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