Commerce, Occupational and Professional Licensing

Rule R156-20a

Environmental Health Scientist Act Rule

Notice of Proposed Rule

(Amendment)

DAR File No.: 35430
Filed: 11/14/2011 12:05:01 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The Division and the Environmental Health Scientist Licensing Board are proposing amendments to clarify educational requirements, and professional continuing education is expanded into professional arenas in which licensees practice. The filing also makes various technical corrections and statute citation amendments.

Summary of the rule or change:

Throughout the rule, various statute citations have been updated and the term "Division" capitalized where appropriate. In Section R156-20a-302a, added "public health science" as an additional educational program relating to the practice of environmental health science. In Section R156-20a-304, the amendment changes the period during which professional continuing education must be obtained for renewal of the license so that it corresponds to the renewal cycle for this license type. An amendment also clarifies who may sponsor, teach, or approve professional continuing education courses.

State statutory or constitutional authorization for this rule:

• Subsection 58-1-202(1)(a)
• Subsection 58-1-106(1)(a)
• Section 58-20a-101

Anticipated cost or savings to:

the state budget:

The Division will incur minimal costs of approximately $50 to print and distribute 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 licensees provided in Title 58, Chapter 20a, and applicants for licensure in those classifications. As a result, the proposed amendments do not apply to local governments. However, the proposed amendments may provide additional potential licensees with expanded qualifications to fill potential employment opportunities within a local government.

small businesses:

The proposed amendments only apply to licensees provided in Title 58, Chapter 20a, and applicants for licensure in those classifications. A licensed environmental health scientist is generally employed by a company or government entity rather than in an office owned by a licensee; however, expansion of the educational opportunities to qualify for licensure would positively impact licensure. The Division is not able to determine an exact cost or savings impact due to the varying circumstances or frequency involving potential employment.

persons other than small businesses, businesses, or local governmental entities:

The proposed amendments only apply to licensees provided in Title 58, Chapter 20a, and applicants for licensure in those classifications. The proposed amendments will expand the potential educational opportunities of a licensee to the benefit and safety of the public.

Compliance costs for affected persons:

The proposed amendments only apply to licensees provided in Title 58, Chapter 20a, and applicants for licensure in those classifications. The Division anticipates the proposed amendments should have no increased compliance cost or impact for licensed environmental health scientists.

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

This filing adds public health science programs to the list of acceptable programs to meet the education requirement, updates the continuing education requirement to coincide with the license renewal period, and adds any local, state or federal agency as an acceptable provider of continuing education. Any fiscal impact to businesses resulting from such changes would likely be positive in nature.

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:

01/03/2012

This rule may become effective on:

01/10/2012

Authorized by:

Mark Steinagel, Director

R156. Commerce, Occupational and Professional Licensing.

R156-20a. Environmental Health Scientist Act Rule.

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 this rule:

(1) "Qualified professional continuing education," as used in 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]1) (e), in Section R156-20a-502.

 

R156-20a-103. Authority - Purpose.

This rule is adopted by the [d]Division under the authority of Subsection 58-1-106(1) (a) to enable the [d]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) public health science;

(k) sanitary engineering;[ or]

([k]l) 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 areas of study listed in Subsection (2).

 

R156-20a-302c. Qualifications for Licensure - Supervision Requirements.

In accordance with Subsections 58-1-203([2]1) (b) and 58-20a-302(3)(f), an applicant when licensed as an environmental health scientist-in-training shall practice under the general supervision of a supervising licensed environmental health scientist for a minimum of six months, except for an applicant who has completed an environmental health science program accredited by EHAC as set forth in Subsection R156-20a-302a(1).

 

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

(1) In accordance with Subsection 58-1-308(1) (a), 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]June 1 of each [even]odd 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) 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, environmental health scientist-in-training

Date of Enactment or Last Substantive Amendment: [July 9, 2009]2012

Notice of Continuation: July 6, 2010

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