Commerce, Occupational and Professional Licensing

Rule R156-20a

Environmental Health Scientist Act Rule

Notice of Proposed Rule

(Amendment)

DAR File No.: 36484
Filed: 07/12/2012 08:23:38 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The Division and the Environmental Health Scientist Board want to clarify professional continuing education being provided in the expanding professional arenas in which licensed environmental health scientists practice and to add a definition to support that clarification.

Summary of the rule or change:

In Section R156-20a-102, a definition of "distance learning" is added to define the expanded area of professional continuing education programs available for licensees; which continuing education is a requirement for the renewal of licensure. In Subsection R156-20a-304(4), "distance learning" is added as a type of recognized professional continuing education.

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 licensed environmental health scientists and environmental health scientists-in-training. As a result, the proposed amendments do not apply to local governments.

small businesses:

The proposed amendments only apply to licensed environmental health scientists and licensed environmental health scientists-in-training. 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 continuing education opportunities for licensees may positively impact a small business that is involved in providing continuing education courses. The Division is not able to determine an exact cost or saving impact of this proposed amendment due to varying circumstances or frequency involving continuing education.

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

The proposed amendments only apply to licensed environmental health scientists and environmental health scientists-in-training. The proposed amendments to include distance learning will expand potential continuing education opportunities for the licensee to the benefit and safety of the public.

Compliance costs for affected persons:

The proposed amendments only apply to licensed environmental health scientists and environmental health scientists-in-training. The Division does not anticipate any increase in compliance costs as a result of the proposed amendment which allows for distance learning in recognized professional continuing education programs.

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

This filing adds distance learning to the types of continuing education courses that licensees may take for licensure renewal. Any fiscal impact to businesses resulting from this change 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:

08/31/2012

Interested persons may attend a public hearing regarding this rule:

• 08/20/2012 10:00 AM, Heber Wells Bldg, 160 E 300 S, Conference Room 474, Salt Lake City, UT

This rule may become effective on:

09/07/2012

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) "Distance learning" means the acquisition of knowledge and skills through information and instruction encompassing all technologies and other forms of learning at a distance, including internet, audio/visual recordings, mail or other correspondence.

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

 

R156-20a-304. Professional Continuing Education.

(1) In accordance with Section 58-20a-304, during each two year period commencing June 1 of each 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, distance learning, 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 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: [January 10, ]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