SENATE, No. 685
STATE OF NEW JERSEY
INTRODUCED FEBRUARY 15, 1996
By Senator SINGER
An Act to license and certify alcohol and drug counselors, creating a State Board of Alcohol and Drug Counselor Examiners, revising various parts of the statutory law and making an appropriation.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. (New section) This act shall be known and may be cited as the "Alcohol and Drug Counselor Licensing and Certification Act."
2. (New section) The Legislature finds and declares that: the profession of alcohol and drug counseling profoundly affects the lives and public safety of the people of New Jersey; the public interest requires the establishment of professional licensing and certification standards for alcohol and drug counselors to protect the citizens of this State by setting standards of education, ethics, competencies and experience for those persons presently practicing and for those seeking to practice and be licensed or certified as alcohol and drug counselors in this State; licensing and certification will enable other professionals, health services providers, employers and the general public to recognize qualified practicing alcohol and drug counselors; and licensing and certification will provide assurances that professionals engaged in alcohol and drug counseling meet acceptable standards of education, experience, ethics and competency in practice which will encourage and promote quality treatment and rehabilitation for drug and alcohol abusers.
3. (New section) As used in this act:
"Alcohol and drug counseling" means the professional application of alcohol and drug counseling methods which assist an individual or group to develop an understanding of alcohol and drug dependency problems, define goals, and plan action reflecting the individual's or group's interest, abilities and needs as affected by alcohol and drug dependency problems.
"Certified alcohol and drug counselor" means a person who holds a current, valid certificate issued pursuant to section 5 of this act.
"Department" means the Department of Law and Public Safety.
"Director" means the Director of the Division of Consumer Affairs in the Department of Law and Public Safety.
"Licensed clinical alcohol and drug counselor" means a person who holds a current, valid license issued pursuant to section 4 of this act."Board" means the State Board of Alcohol and Drug Counselor Examiners established pursuant to section 11 of this act.
"Self-help group" means a voluntary group of persons who offer peer support to each other in recovering from an addiction.
"Supervised practical training" means supervision which seeks to teach the knowledge and skills related to alcohol and drug counseling.
"Supervision" means the direct review of a supervisee for the purpose of teaching, training, administering, accountability or clinical review by a supervisor in the same area of specialized practice.
4. (New section) The board shall issue a license as a licensed clinical alcohol and drug counselor to an applicant who has:
a. Received 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; and
b. Successfully completed all the requirements to be a certified alcohol and drug counselor pursuant to section 5 of this act.
5. (New section) a. The board shall issue a certificate as a certified alcohol and drug counselor to an applicant who has:
(1) Had 300 hours of supervised practical training in alcohol and drug counseling acceptable to the board. This practical training may be part of the work experience pursuant to paragraph (2) of this subsection a. and may be completed under more than one agency or supervisor;
(2) Had two years of supervised work experience acceptable to the board which may be paid or voluntary time working directly with alcohol or other drug clients. This experience may include both direct and indirect functions. Formal education or unsupervised work experience may not be substituted for the required experience;
(3) Completed 270 hours of alcohol and drug education, including formal classroom education, workshops, seminars, institutes, in-service training and college or university work. This education shall be related to the knowledge and skill base associated with the functions of an alcohol and drug counselor. All education shall be approved by the board;
(4) Attended alcohol and drug abuse self-help group meetings as prescribed by the board; and
(5) Successfully completed an oral examination on the applicant's written case presentation; and
(6) Successfully completed a written examination provided by the board, which may be a written examination administered by a nationally recognized alcohol and drug counseling certification organization.
b. The experience and education requirements in subsection a. of this section shall insure that the applicant is competent in the functions of an alcohol and drug abuse counselor which include: screening, intake, orientation, assessment, treatment planning, counseling, case management, crisis intervention, education and prevention, referral, consultation with other professionals in regard to client treatment and services, and reporting and recordkeeping.
6. (New section) a. Each license or certification issued by the board shall become effective upon issuance and shall expire on the last day of the month in the year that is exactly two years from the year and month in which the license or certification was issued.
b. The license or certification may be renewed biennially by the payment of a renewal fee set by the board and by the execution and submission of a sworn statement by the applicant, made on a form provided by the board, that the license or certification for which renewal is sought has not been revoked or is not currently suspended. Each applicant shall present satisfactory evidence when seeking license or certification renewal that in the period since the license or certification was issued, the continuing education requirements of this act have been completed. Applications for renewal may be made within 180 days after the expiration of the license or certification. Thereafter, a new license or certification application shall be required.
7. (New section) a. No person shall engage in the practice of alcohol and drug counseling as a licensed clinical alcohol and drug counselor or certified alcohol and drug counselor, or present, call or represent himself as a licensed clinical alcohol and drug counselor or certified alcohol and drug counselor unless licensed or certified under this act.
b. No person shall assume, represent himself as, or use the title or designation "alcoholism counselor," "alcohol counselor," "drug counselor," "alcohol and drug counselor," alcoholism and drug counselor," "licensed clinical alcohol and drug counselor," "certified alcohol and drug counselor," "substance abuse counselor," "chemical dependency counselor," or "chemical dependency supervisor," or any of the abbreviations for the above titles, unless licensed or certified under this act, and unless the title or designation corresponds to the license or certification held by the person pursuant to this act.
c. No person shall engage in the independent practice of alcohol and drug counseling for a fee unless the person is licensed under this act as a licensed clinical alcohol and drug counselor.
8. (New section) a. Nothing in this act shall be construed to prevent a person from engaging in or offering alcohol and drug addiction services such as self-help, sponsorship through alcoholics and narcotics anonymous groups or other uncompensated alcohol and drug addiction counseling assistance.
b. Nothing in this act shall be construed to apply to the activities and services of a designated employee or other agent of a private employer who has been designated to be involved in the evaluation or referral for counseling of employees of the private employer, or an employee or other agent of a recognized academic institution, a federal, State, county or local government institution, agency or facility, or a school district, if the individual is performing these activities solely within the company or agency, as the case may be, or under the jurisdiction of that company or agency and if a license granted under this act is not a requirement for employment.
c. Nothing in this act shall be construed to apply to the activities and services of a rabbi, priest, minister, Christian Science practitioner or clergyman 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.
d. Nothing in this act shall be construed to apply to the activities and services of a student, intern or trainee in alcohol and drug addiction counseling pursuing a course of study in counseling in a regionally accredited institution of higher education or training institution, if these activities are performed under supervision and constitute a part of the supervised course of study.
e. Nothing in this act shall be construed to apply to the activities and services of a person licensed in the State to practice medicine and surgery, psychology, marriage counseling, social work, clinical social work, chiropractic, acupuncture, physical therapy, occupational therapy, speech pathology and audiology, nursing or any other profession licensed by the State, when acting within the scope of the person's profession or occupation and doing work of a nature consistent with a person's training, if the person does not hold himself out to the public as possessing a license or certificate issued pursuant to this act.
9. (New section) The board may grant a license or certification to any person who at the time of application is licensed or certified by a governmental agency located in another state, territory or jurisdiction, if in the opinion of the board the requirements of that licensure or certification are substantially similar to the requirements of this act.
10. (New section) An alcohol and drug counselor or clinical alcohol and drug counselor certified or licensed pursuant to the provisions of this act, or his employee, shall not disclose any confidential information that the counselor, or his employee, may have acquired while performing alcohol and drug counseling services for a patient unless in accordance with the federal regulations regarding the confidentiality of alcohol and drug patient records pursuant to 42 C.F.R. 2.1 et seq.
11. (New section) There is created within the Division of Consumer Affairs the State Board of Alcohol and Drug Counselor Examiners. The board shall consist of nine members who are residents of the State, two of whom shall be public members appointed pursuant to the provisions of subsection b. of section 2 of P.L.1971, c.60 (C.45:1-2.2) and one of whom shall be the Commissioner of Health, or his designee, appointed in fulfillment of the requirement of subsection c. of that section. Of the six remaining members, one shall be a person who is either an educator representing a baccalaureate or master's level program in counseling or actively engaged in alcohol and drug counseling research and five shall have been actively engaged in the practice of alcohol and drug counseling for at least five years immediately preceding their appointment, have spent the major portion of time devoted to such activity, during the two years preceding appointment, in this State, and except for the members first appointed, three shall be licensed clinical alcohol and drug counselors and two shall be certified alcohol and drug counselors.
12. (New section) a. The Governor shall appoint each member of the board for a term of three years, except that of the members first appointed, three shall serve for a term of three years, three shall serve for terms of two years and two shall serve for terms of one year. Any vacancy in the membership shall be filled for the unexpired term in the manner provided by the original appointment. No member of the board may serve more than two successive terms in addition to any unexpired term to which he has been appointed. The Governor may remove any member of the board, other than the State executive department member, for cause.
b. The first appointees to the board who meet the qualifications to be licensed or certified shall be deemed to be and shall become licensed clinical alcohol and drug counselors or certified alcohol and drug counselors immediately upon their appointment and qualification as members of the board.
13. (New section) The board shall, in addition to such other powers and duties as it may possess by law:
a. Administer the provisions of this act;
b. Examine and pass on the qualifications of all applicants for licensure or certification under this act, and issue a license or certificate to each qualified successful applicant, therefor attesting to the applicant's professional qualification to practice as a licensed clinical alcohol and drug counselor or certified alcohol and drug counselor;
c. Examine, evaluate and supervise all examinations and procedures and certify as to whether or not the examinations and procedures are as free as possible from cultural and linguistic bias;
d. Adopt a seal which shall be affixed to all licenses and certificates issued by it;
e. Adopt rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) as it may deem necessary to enable it to perform its duties under and to enforce the provisions of this act, including, but not limited to: rules and regulations that set professional practice standards for licensed clinical alcohol and drug counselors in the independent practice of alcohol and drug counseling for a fee and for certified alcohol and drug counselors;
f. Annually publish a list of the names and addresses of all licensed clinical alcohol and drug counselors and all certified alcohol and drug counselors who are licensed or certified under this act;
g. Establish standards for the continuing education of licensed clinical alcohol and drug counselors and certified alcohol and drug counselors which shall not exceed 40 hours every two years;
h. Recommend to the Governor and Legislature modifications and amendments to this act deemed necessary by it to effectuate its purposes; and
i. Prescribe or change the charges for examinations, certifications, licensures, renewals and other services performed pursuant to P.L.1974, c.46 (C.45:1-3.1 et seq.).
14. (New section) a. The executive director of the board shall be appointed by the director and shall serve at the director's pleasure. The salary of the executive director shall be determined by the director within the limits of available funds. The director shall be empowered within the limits of available funds to hire any assistants as are necessary to administer this act.
b. Each member of the board shall be reimbursed for actual expenses reasonably incurred in the performance of the duties as a member or on behalf of the board.
c. The board, through its executive director, may issue subpoenas to compel the attendance of witnesses to testify before the board and produce relevant books, records and papers before the board and may administer oaths in taking testimony, in any matter pertaining to its duties under the act, which subpoenas shall issue under the seal of the board and shall be served in the same manner as subpoenas issued out of the Superior Court. A person who refuses or neglects to obey the command of any subpoena, or who, after hearing, refuses to be sworn and testify, shall, in either event, be liable to a penalty.
15. (New section) a. A person may file a petition with the board if he has cause to believe that a licensed clinical alcohol and drug counselor or certified alcohol and drug counselor has violated any statutes, regulations or the code of ethics.
b. The board may direct its executive director to conduct any investigation that it deems necessary.
c. If the executive director of the board finds that there is not sufficient evidence to establish the alleged violation, he shall notify the board, petitioner and respondent and no further action shall be taken. If the executive director of the board finds that there is sufficient evidence, he shall designate a hearing panel which shall consist of three members of the board for the purposes of conducting any hearing regarding a complaint against a licensed clinical alcohol and drug counselor or certified alcohol and drug counselor and shall report the panel's recommendations to the board.
(1) The board shall issue a notice of the hearing. All parties shall be afforded the opportunity to respond and present oral and written evidence on the issue involved in the complaint.
(2) The hearing panel shall make a written report to the board, the respondents and any other party deemed by the panel to be entitled to a copy. The report shall include the recommendations of the panel, a brief statement of findings of fact and reasons supporting the recommendations.
d. The board shall issue its decision on the complaint.
e. The licensed clinical alcohol and drug counselor's or certified alcohol and drug counselor's name shall be removed from the registry if the license or certification is revoked by the board. If the counselor is suspended by the board, notice of the suspension shall be recorded in the registry during the time the suspension is in force.
16. (New section) In addition to the provisions of section 8 of P.L.1978, c.73 (C.45:1-21), the board may refuse to grant a license or certificate to, or may suspend, revoke, condition, limit, qualify or restrict the license or certificate of, any individual who the board, after a hearing, determines:
a. Is incompetent to practice under the provisions of this act, or is found to engage in the practice of alcohol and drug counseling in a manner harmful or dangerous to a client or to the public;
b. Was convicted by a court of competent jurisdiction of a crime that the board determines is of a nature to render the convicted person unfit to practice alcohol and drug counseling and the board shall compile, maintain and publish a list of such crimes;
c. Obtained or attempted to obtain a license or certification, or renewal thereof, by bribery or fraudulent representation;
d. Knowingly made a false statement on a form required by the board for licensing or certification, or renewal thereof;
e. Practiced alcohol and drug counseling under a false or assumed name or impersonation of a licensed clinical alcohol and drug counselor or certified alcohol and drug counselor or permitted an unlicensed or uncertified person to practice alcohol and drug counseling in the name of a person licensed or certified pursuant to the provisions of this act or to use his license or certificate for that purpose;
f. Is impaired in the delivery of professional services because of alcohol or drug abuse or because of a medical or psychiatric disability, or has pleaded nolo contendere, non vult contendere or non vult to an indictment, information or complaint alleging a violation of any federal or State law relating to drug or alcohol use or possession or sale or distribution of alcohol or drugs, or is convicted in any court for a violation of such laws;
g. Was negligent or engaged in misconduct in the performance of his professional duties as a licensed clinical or certified alcohol and drug counselor;
h. Engaged in sexual misconduct with a patient or family member of a patient;
i. Engaged in advertising in any manner, whether as an individual, through a professional service corporation or through a third party on behalf of a person licensed or certified pursuant to this act, the practice of alcohol and drug counseling; provided, however, that the following shall not be deemed to be advertising prohibited under this act:
(1) Public information for educational purposes on the practice or profession of alcohol and drug counseling;
(2) Publication of a brief announcement of the opening of an office or the removal to a new location, containing the name, professional degree, address, telephone number and office hours of the person licensed or certified pursuant to the provisions of this act;
(3) A listing in an alphabetical telephone directory of the name of a person licensed or certified pursuant to the provisions of this act, together with his professional degree or the abbreviation therefor;
(4) A listing in a classified telephone directory with standard type limited to the name, professional degree, office and home addresses and telephone numbers, and office hours of a person licensed or certified pursuant to the provisions of this act; and
(5) The use of small signs on the doors, windows and walls of a licensee's or certified person's office or the building in which he maintains an office setting out his name, professional degree, address and office hours in lettering no larger than four inches in height for street-level offices and no larger than six inches in height for offices above street-level;
j. Failed to obtain the continuing education credits required by the board; or
k. Violated any of the provisions of this act or any rule, regulation or code of ethics subscribed to by the board.
17. (New section) The director shall set and adjust license and certification fees for alcohol and drug counselors so that the total fees collected will as closely as possible equal anticipated expenditures during the fiscal year. All expenditures deemed necessary to carry out the provisions of this act shall be paid by the State Treasurer from the license and certification fees and other sources of income of the board, but in no event shall expenditures exceed the revenues of the board during any fiscal year.
18. (New section) a. On or before the 730th day following the effective date of this act, any person certified in New Jersey by the Alcohol and Drug Counselor Certification Board of New Jersey as an alcoholism counselor on the effective date of this act who demonstrates to the board that he has successfully completed 30 classroom hours in drug education may acquire a certificate as a certified alcohol and drug counselor without meeting the requirements set forth in section 5 of this act.
b. On or before the 730th day following the effective date of this act, any person certified in New Jersey by the Alcohol and Drug Counselor Certification Board of New Jersey as a drug counselor on the effective date of this act who demonstrates to the board that he has successfully completed 50 classroom hours in alcohol education may acquire a certificate as a certified alcohol and drug counselor without meeting the requirements set forth in section 5 of this act.
19. Section 1 of P.L.1971, c.60 (C.45:1-2.1) is amended to read as follows:
1. The provisions of this act shall apply to the following boards and commissions: the New Jersey State Board of Accountancy, the New Jersey State Board of Architects, the New Jersey State Board of Cosmetology and Hairstyling, the Board of Examiners of Electrical Contractors, the New Jersey State Board of Dentistry, the State Board of Mortuary Science of New Jersey, the State Board of Professional Engineers and Land Surveyors, the State Board of Marriage Counselor Examiners, the State Board of Medical Examiners, the New Jersey Board of Nursing, the New Jersey State Board of Optometrists, the State Board of Examiners of Ophthalmic Dispensers and Ophthalmic Technicians, the Board of Pharmacy, the State Board of Professional Planners, the State Board of Psychological Examiners, the State Board of Examiners of Master Plumbers, the New Jersey Real Estate Commission, the State Board of Shorthand Reporting, the State Board of Veterinary Medical Examiners, the Radiologic Technology Board of Examiners, the Acupuncture Examining Board, the State Board of Chiropractic Examiners, the State Board of Respiratory Care, the Real Estate Appraiser Board, the State Board of Social Work Examiners, [and] the State Board of Public Movers and Warehousemen and the State Board of Alcohol and Drug Counselor Examiners.
(cf: P.L.1993, c.365, s.18)
20. Section 2 of P.L.1971, c.60 (C.45:1-2.2) is amended to read as follows:
2. a. All members of the several professional boards and commissions shall be appointed by the Governor in the manner prescribed by law; except in appointing members other than those appointed pursuant to subsection b. or subsection c., the Governor shall give due consideration to, but shall not be bound by, recommendations submitted by the appropriate professional organizations of this State.
b. In addition to the membership otherwise prescribed by law, the Governor shall appoint in the same manner as presently prescribed by law for the appointment of members, two additional members to represent the interests of the public, to be known as public members, to each of the following boards and commissions: the New Jersey State Board of Accountancy, the New Jersey State Board of Architects, the New Jersey State Board of Cosmetology and Hairstyling, the New Jersey State Board of Dentistry, the State Board of Mortuary Science of New Jersey, the State Board of Professional Engineers and Land Surveyors, the State Board of Medical Examiners, the New Jersey Board of Nursing, the New Jersey State Board of Optometrists, the State Board of Examiners of Ophthalmic Dispensers and Ophthalmic Technicians, the Board of Pharmacy, the State Board of Professional Planners, the State Board of Psychological Examiners, the New Jersey Real Estate Commission, the State Board of Shorthand Reporting, the State Board of Social Work Examiners, [and] the State Board of Veterinary Medical Examiners, and the State Board of Alcohol and Drug Counselor Examiners, and one additional public member to each of the following boards: the Board of Examiners of Electrical Contractors, the State Board of Marriage Counselor Examiners, the State Board of Examiners of Master Plumbers, and the State Real Estate Appraiser Board. Each public member shall be appointed for the term prescribed for the other members of the board or commission and until the appointment of his successor. Vacancies shall be filled for the unexpired term only. The Governor may remove any such public member after hearing, for misconduct, incompetency, neglect of duty or for any other sufficient cause.
No public member appointed pursuant to this section shall have any association or relationship with the profession or a member thereof regulated by the board of which he is a member, where such association or relationship would prevent such public member from representing the interest of the public. Such a relationship includes a relationship with members of one's immediate family; and such association includes membership in the profession regulated by the board. To receive services rendered in a customary client relationship will not preclude a prospective public member from appointment. This paragraph shall not apply to individuals who are public members of boards on the effective date of this act.
It shall be the responsibility of the Attorney General to insure that no person with the aforementioned association or relationship or any other questionable or potential conflict of interest shall be appointed to serve as a public member of any board regulated by this section.
Where a board is required to examine the academic and professional credentials of an applicant for licensure or to test such applicant orally, no public member appointed pursuant to this section shall participate in such examination process; provided, however, that public members shall be given notice of and may be present at all such examination processes and deliberations concerning the results thereof, and, provided further, that public members may participate in the development and establishment of the procedures and criteria for such examination processes.
c. The Governor shall designate a department in the Executive Branch of the State Government which is closely related to the profession or occupation regulated by each of the boards or commissions designated in section 1 of P.L.1971 c.60 (C.45:1-2.1) and shall appoint the head of such department, or the holder of a designated office or position in such department, to serve without compensation at the pleasure of the Governor as a member of such board or commission.
d. A majority of the voting members of such boards or commissions shall constitute a quorum thereof and no action of any such board or commission shall be taken except upon the affirmative vote of a majority of the members of the entire board or commission.
(cf: P.L.1991, c.134, s.16)
21. Section 1 of P.L.1974, c.46 (C.45:1-3.1) is amended to read as follows:
1. The provisions of this act shall apply to the following boards and commissions: the New Jersey State Board of Accountancy, the New Jersey State Board of Architects, the New Jersey State Board of Cosmetology and Hairstyling, the Board of Examiners of Electrical Contractors, the New Jersey State Board of Dentistry, the State Board of Mortuary Science of New Jersey, the State Board of Professional Engineers and Land Surveyors, the State Board of Marriage Counselor Examiners, the State Board of Medical Examiners, the New Jersey Board of Nursing, the New Jersey State Board of Optometrists, the State Board of Examiners of Ophthalmic Dispensers and Ophthalmic Technicians, the Board of Pharmacy, the State Board of Professional Planners, the State Board of Psychological Examiners, the State Board of Examiners of Master Plumbers, the State Board of Shorthand Reporting, the State Board of Veterinary Medical Examiners, the Radiologic Technology Board of Examiners, the Acupuncture Examining Board, the State Board of Chiropractic Examiners, the State Board of Respiratory Care, the State Real Estate Appraiser Board, [and] the State Board of Social Work Examiners , and the State Board of Alcohol and Drug Counselor Examiners.
(cf: P.L.1991, c.134, s.17)
22. Section 2 of P.L.1978, c.73 (C.45:1-15) is amended to read as follows:
2. The provisions of this act shall apply to the following boards and all professions or occupations regulated by or through such boards: the New Jersey State Board of Accountancy, the New Jersey State Board of Architects, the New Jersey State Board of Cosmetology and Hairstyling, the Board of Examiners of Electrical Contractors, the New Jersey State Board of Dentistry, the State Board of Mortuary Science of New Jersey, the State Board of Professional Engineers and Land Surveyors, the State Board of Marriage Counselor Examiners, the State Board of Medical Examiners, the New Jersey Board of Nursing, the New Jersey State Board of Optometrists, the State Board of Examiners of Ophthalmic Dispensers and Ophthalmic Technicians, the Board of Pharmacy, the State Board of Professional Planners, the State Board of Psychological Examiners, the State Board of Examiners of Master Plumbers, the State Board of Shorthand Reporting, the State Board of Veterinary Medical Examiners, the Acupuncture Examining Board, the State Board of Chiropractic Examiners, the State Board of Respiratory Care, the State Real Estate Appraiser Board, [and] , the State Board of Social Work Examiners and the State Board of Alcohol and Drug Counselor Examiners.
(cf: P.L.1991, c.134, s.14)
23. There is appropriated from the General Fund to the Division of Consumer Affairs in the Department of Law and Public Safety $95,000 for the use of the board to implement and effectuate the provisions of this act.
24. This act shall take effect immediately except that subsections a. and b. of section 7 of this act shall take effect on the 730th day following enactment.
STATEMENT
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 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 this bill take effect on the 730th day following enactment.
Establishes the "Alcohol and Drug Counselor Licensing and Certification Act," appropriates $95,000.