45:2D-9 Construction of act.

9. a. Nothing in P.L.1997, c.331 (C.45:2D-1 et seq.) shall be construed to prevent a person from engaging in or offering services for alcohol use disorder and substance use disorder involving drugs, such as self-help, sponsorship through alcoholics and narcotics anonymous groups or other uncompensated counseling assistance for alcohol use disorder and substance use disorder involving drugs.

b. 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 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 P.L.1997, c.331 (C.45:2D-1 et seq.) is not a requirement for employment.

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.

d. 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 student, intern or trainee in counseling for alcohol use disorder and substance use disorder involving drugs 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 P.L.1997, c.331 (C.45:2D-1 et seq.) shall be construed to prevent a person from doing work of an alcohol 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.).

L.1997, c.331, s.9; amended 2017, c.131, s.180.