DAR File No. 32652

Commerce, Occupational and Professional Licensing

R156-20a

Environmental Health Scientist Act Rules

NOTICE OF PROPOSED RULE

DAR File No.: 32652
Filed: 05/05/2009, 11:28
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The Division and the Environmental Health Scientist Board reviewed this rule and determined that proposed changes needed to be made. The proposed amendment adds an additional qualifying examination and makes other minor changes.

Summary of the rule or change:

Throughout the rule the term "rules" has been changed to "rule" where applicable. In Section R156-20a-302b, the National Environmental Health Association Registered Environmental Health Specialist/Registered Sanitarian-in-training Examination is being added as an additional examination qualifying an applicant for licensure. Section R156-20a-302d, regarding an application deadline, is no longer applicable and is thus being deleted.

State statutory or constitutional authorization for this rule:

Section 58-20a-101 and Subsections 58-1-106(1)(a) and 58-1-202(1)(a)

Anticipated cost or savings to:

the state budget:

The Division will incur minimal costs of approximately $50 to print the rule once the proposed amendments are made effective. Any costs incurred will be absorbed in the Division's current budget.

local governments:

The proposed amendments only apply to applicants for licensure as either an environmental health scientist or an environmental health scientist-in-training. As a result, the proposed amendments do not apply to local governments.

small businesses and persons other than businesses:

The proposed amendments only apply to applicants for licensure as either an environmental health scientist or an environmental health scientist-in-training. Applicants in these licensure classifications may work in a small business; however, the proposed amendments would not directly affect the business. For applicants, the examination cost for either qualifying examination for licensure is the same cost for either examination. The Division does not anticipate any additional costs or savings as a result of these proposed amendments for applicants for licensure beyond those currently required.

Compliance costs for affected persons:

The proposed amendments only apply to applicants for licensure as either an environmental health scientist or an environmental health scientist-in-training. For applicants, the examination cost for either qualifying examination for licensure is the same cost for either examination. The Division does not anticipate any additional costs as a result of these proposed amendments for applicants for licensure beyond those currently required.

Comments by the department head on the fiscal impact the rule may have on businesses:

No fiscal impact to businesses is anticipated from this rule filing which recognizes an alternative examination to meet licensure requirements and otherwise make minor technical amendments. A positive fiscal impact to businesses could result to license applicants and to the industry from the acceptance of the alternative examination, but that cost savings depends on the number of applicants and is difficult to ascertain. Francine A. Giani, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Commerce
Occupational and Professional Licensing
HEBER M WELLS BLDG
160 E 300 S
SALT LAKE CITY UT 84111-2316

Direct questions regarding this rule to:

Sally Stewart at the above address, by phone at 801-530-6179, by FAX at 801-530-6511, or by Internet E-mail at SStewart@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

07/01/2009

Interested persons may attend a public hearing regarding this rule:

6/10/2009 at 9:00 AM, Heber Wells Bldg, 160 E 300 S, Conference Room 210 (second floor), Salt Lake City, UT

This rule may become effective on:

07/08/2009

Authorized by:

Thad LeVar, Deputy Director

R156. Commerce, Occupational and Professional Licensing.

R156-20a. Environmental Health Scientist Act Rule[s].

R156-20a-101. Title.

[These rules are]This rule is known as the "Environmental Health Scientist Act Rule[s]."

 

R156-20a-102. Definitions.

In addition to the definitions in Title 58, Chapters 1 and 20a, as used in Title 58, Chapters 1 and 20a or [these rules]this rule:

(1) "Qualified professional continuing education," as used in [these rules]this rule, means professional continuing education that meets the standards set forth in Section R156-20a-304.

(2) "Unprofessional conduct," as defined in Title 58 Chapters 1 and 20a, is further defined, in accordance with Subsection 58-1-203(5), in Section R156-20a-502.

 

R156-20a-103. Authority - Purpose.

[These rules are]This rule is adopted by the division under the authority of Subsection 58-1-106(1) to enable the division to administer Title 58, Chapter 20a.

 

R156-20a-302a. Qualifications for Licensure - Education Requirements.

In accordance with Subsections 58-20a-302(1)(d), (2)(d) and (3)(d), an applicant shall satisfy the education requirement as follows:

(1) submit evidence of a bachelor's or master's degree from an environmental health program accredited by the National Environmental Health Science and Protection Accreditation Council (EHAC); or

(2) submit evidence of a bachelor's or master's degree from an accredited program in a college or university with major study in one of the following:

(a) agronomy;

(b) biology;

(c) botany;

(d) chemistry;

(e) environmental health science;

(f) geology;

(g) microbiology;

(h) physics;

(i) physiology;

(j) sanitary engineering; or

(k) zoology; or

(3) submit evidence of a bachelor's or master's degree from an accredited program in a college or university including:

(a) a college or university level algebra or math course; and

(b) 30 semester hours or 45 quarter hours from at least three of the [curriculums]areas of study listed in Subsection (2).

 

R156-20a-302b. Qualifications for Licensure - Examination Requirement.

(1) In accordance with Subsection 58-20a-302(1)(e), an applicant shall satisfy the examination requirement by submitting evidence of having passed the National Environmental Health Association Registered Environmental Health Specialist/Registered Sanitarian (REHS/RS) Examination or the National Environmental Health Association Registered Environmental Health Specialist/Registered Sanitarian-in-training Examination.

(2) An applicant may take [the REHS/RS examination]either examination identified in Subsection (1) upon completion of the education requirements listed in Section R156-20a-302a.

 

[R156-20a-302d. Qualifications for Licensure - Application Deadline.

An applicant for licensure under Subsection 58-20a-302(2) shall apply before July 1, 1996.

]

R156-20a-303. Renewal Cycle - Procedures.

(1) In accordance with Subsection 58-1-308(1), the renewal date for the two-year renewal cycle applicable to licensees under Title 58, Chapter 20a is established by rule in Section R156-1-308a.

(2) Renewal procedures shall be in accordance with Section R156-1-308c.

 

R156-20a-304. Professional Continuing Education.

(1) In accordance with Section 58-20a-304, during each two year period commencing January of each even numbered year, an environmental health scientist or environmental health scientist-in-training shall be required to complete not less than 30 hours of qualified professional continuing education directly related to the licensee's professional practice.

(2) The required number of hours of professional continuing education for an individual who first becomes licensed during the two year period shall be decreased in a pro-rata amount equal to any part of that two year period preceding the date on which that individual first became licensed.

(3) Qualified professional continuing education under this section shall:

(a) have an identifiable clear statement of purpose and defined objective for the educational program directly related to the practice of a environmental health scientist;

(b) be relevant to the licensee's professional practice;

(c) be presented in a competent, well organized, and sequential manner consistent with the stated purpose and objective of the program;

(d) be prepared and presented by individuals who are qualified by education, training, and experience; and

(e) have associated with it a competent method of registration of individuals who actually completed the professional education program and records of that registration and completion are available for review.

(4) Credit shall be recognized for professional continuing education on an hour for hour basis as a student completed in blocks of time of not less than 50 minutes in formally established classroom courses, seminars, lectures, labs, or specific environmental conferences approved, taught or sponsored by:

(a) Utah Environmental Health Association;

(b) Bureau of Environmental Services;

(c) Utah Department of Environmental Quality;

(d) Bureau of Epidemiology;

(e) State Food Program;

(f) National Environmental Health Association;

(g) Food and Drug Administration;

(h) Center for Disease Control and Prevention;

(i) any local, state or federal health agency; and

(j) a college or university which provides courses in or related to environmental health science.

(5) A maximum of 15 hours of credit may be recognized for a person who teaches continuing professional education on an hour for hour basis completed in block of time of not less than 50 minutes in formally established classroom courses, seminars, lectures, conferences which meet the requirements in Subsections (3) and (4).

(6) A licensee is responsible for maintaining competent records of completed qualified professional continuing education for a period of four years after close of the two year period to which the records pertain. It is the responsibility of the licensee to maintain such information with respect to qualified continuing professional education to demonstrate it meets the requirements under this section.

(7) [A licensee who documents they are]If properly documented that a licensee is engaged in full time activities or is subjected to circumstances which prevent that licensee from meeting the continuing professional education requirements established under this section, the licensee may be excused from the requirement for a period of up to three years. However, it is the responsibility of the licensee to document the reasons and justify why the requirement could not be met.

 

KEY: licensing, environmental health scientist[*], sanitarian[*], enviromental health scientist-in-training

Date of Enactment or Last Substantive Amendment: [January 2, 1996]2009

Notice of Continuation: October 6, 2005

Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-20a-101