ASSEMBLY CONSUMER AFFAIRS AND REGULATED PROFESSIONS COMMITTEE
STATEMENT TO
ASSEMBLY, No. 843
with committee amendments
STATE OF NEW JERSEY
DATED: MAY 20, 1996
The Assembly Consumer Affairs and Regulated Professions Committee reports favorably Assembly Bill No. 843 with amendments.
As amended, this bill provides for the licensing of clinical alcohol and drug counselors and the certification of alcohol and drug counselors by the State Board of Alcohol and Drug Counselor Examiners, created by this bill. An alcohol and drug counselor provides information, guidance and assistance to alcoholics or other drug dependent persons, and to those persons affected by problems related to the abuse of alcohol, other drugs, or both. Only licensed clinical alcohol and drug counselors may engage in the independent practice of alcohol and drug counseling for a fee.
The State Board of Alcohol and Drug Counselor Examiners in the Division of Consumer Affairs in the Department of Law and Public Safety shall consist of nine members: the Commissioner of Health, or his designee; two public members; three licensed clinical alcohol and drug counselors and two certified alcohol and drug counselors, who have been engaged in alcohol and drug counseling for at least five consecutive years immediately preceding their appointment and who have devoted the major portion of time in such activity in New Jersey for the two consecutive years preceding their appointment; and a member who is an educator in the field or is actively engaged in alcohol and drug counseling research.
An applicant for licensure as a clinical alcohol and drug counselor must have: (1) received a master's degree with a minimum of 18 graduate semester hours in counseling or counseling related subjects; and (2) successfully completed all the requirements to be a certified alcohol and drug counselor. In order to be certified by the board as an alcohol and drug counselor, an applicant must have: (1) completed 300 hours of supervised practical training; (2) completed two years of supervised work experience; (3) completed 270 hours of education; (4) attended self-help group meetings; (5) successfully completed an oral examination on the applicant's written case presentation; and (6) successfully passed a written examination.
Only persons licensed or certified under the bill may engage in the practice of alcohol and drug counseling or use any title, designation or abbreviation indicating such a practice.
The provisions of the bill would not apply to: a health care or other professional licensed in this State when acting within the scope of the person's profession or occupation; a member of the clergy practicing under the auspices of a church; a person engaged in alcohol and drug addiction services through uncompensated counseling assistance such as alcoholics and narcotics anonymous groups; a designated employee or agent of a private or public sector employer or recognized academic institution involved in the evaluation or referral for counseling of employees; or a student, intern or trainee engaged in alcohol and drug addiction counseling activities or services as part of a course of study in counseling at a college or university or training institution.
Persons licensed or certified by a governmental agency in another state may be licensed or certified by the board if in the opinion of the board the requirements for licensure or certification of that state are substantially similar to the requirements of this bill. Persons certified in New Jersey by the Alcohol and Drug Certification Board of New Jersey as alcoholism counselors or drug counselors as of the bill's effective date, who have also successfully completed a specified number of classroom hours in drug (50 hours) or alcohol (30 hours) education, may apply for certification during the two-year time period following the bill's enactment without meeting the various other requirements for certification established in the bill.
The provisions of the uniform enforcement powers and procedures act, P.L.1978, c.73 (C.45:1-14 et seq.), regarding disciplinary and remedial authority of professional boards, applies to the State Board of Alcohol and Drug Counselor Examiners. The bill specifies numerous other prohibited acts by a licensed clinical alcohol and drug counselor or certified alcohol and drug counselor.
The bill also requires that license and certification fees established shall be sufficient to cover administrative costs, and appropriates $95,000 from the General Fund to the Division of Consumer Affairs in the Department of Law and Public Safety to implement the provisions of the bill.
The committee amended the bill to provide that the State Board of Alcohol and Drug Counselor Examiners shall issue a license as a licensed clinical alcohol and drug counselor to any health care provider licensed by this State who, within the scope of that provider's practice, diagnoses and treats drug or alcohol disorders, or both, and demonstrates to the board that the person has equivalent education, training and comparable years of experience as required in the bill for all other persons deemed qualified to be so licensed, except that such health care provider is exempt from meeting any requirement to sucessfully complete a written or oral examination.
The provisions of the bill take effect immediately, except that the provisions of section 7 of the bill which prohibit the practice of alcohol and drug counseling or the use of certain titles unless the person is licensed or certified pursuant to the provisions of the bill take effect on the 730th day following enactment.
This bill was pre-filed for introduction in the 1996 session pending technical review. As reported, the bill includes the changes required by technical review which has been performed.