Senate Commerce Committee Statement to Senate, No. 4316 — State of New Jersey (May 22, 2025)

Summary

The Senate Commerce Committee of the State of New Jersey, in a statement dated May 22, 2025, reports favorably Senate Bill No. 4316, which establishes licensure and certification for certain tobacco and nicotine treatment counseling. The bill creates two regulated professions, licensed clinical tobacco treatment specialists and certified clinical tobacco treatment specialists, both regulated by the Alcohol and Drug Counselor Committee in the State Board of Marriage and Family Therapy Examiners. License applicants need at least a master's degree with 18 graduate semester hours in counseling or related subjects and a written examination. Certification applicants must complete the Rutgers Tobacco Dependence Program of 42 hours.

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SENATE COMMERCE COMMITTEE

STATEMENT TO

SENATE, No.
4316

STATE
OF NEW JERSEY

DATED: MAY 22,
2025

The Senate Commerce Committee reports favorably Senate
Bill No. 4316.

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 are to 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 is not to 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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