Senate Commerce Committee Statement to Senate, No. 1405 — State of New Jersey (May 18, 2026)

Summary

A Senate Commerce Committee statement to the Senate on Senate Bill No. 1405 with committee amendments, State of New Jersey, dated May 18, 2026, reporting the bill favorably. As amended, the bill establishes two new regulated professions, licensed clinical tobacco treatment specialists and certified clinical tobacco treatment specialists, regulated by the Alcohol and Drug Counselor Committee in the State Board of Marriage and Family Therapy Examiners. License applicants need at minimum a master's degree with 18 graduate semester hours in counseling subjects, certification and a written examination; certification requires the Rutgers Tobacco Dependence Program of 42 hours or another accredited program. Specialists must practice under the direct supervision of a physician licensed in this State.

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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 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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