S 1405 — Establishes professional licensure and certification for tobacco treatment counseling.

S1405 1R [First Reprint] SENATE, No.

1405 STATE OF NEW JERSEY 222nd LEGISLATURE   PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION     Sponsored by:

LAGANA District 38 (Bergen)  Senator   HOLLY  T.   SYNOPSIS      Establishes professional licensure and certification for tobacco treatment counseling.

 SCHEPISI CURRENTDistrict VERSION39 OF(Bergen) TEXT      Co-Sponsored Introducedby: Pending Technical Review by Legislative Counsel.

Senator McKnight         SYNOPSIS      Establishes professional licensure and certification for tobacco treatment counseling.

  CURRENT VERSION OF TEXT      As reported by the Senate Commerce Committee on May 18, 2026, with amendments.

     (1) (1)   completed the Rutgers Tobacco Dependence Program of 42 hourshours1, or other accredited program on tobacco dependence,1 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 fulltime1[fulltime] full-time1 counseling or health care experience, where 8,000 hours is the equivalent of four years;

     (2) (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) (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.

     c.   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.

     c.   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.

     e.   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).

    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.