DAR File No. 39351

Commerce, Occupational and Professional Licensing

Rule R156-20a

Environmental Health Scientist Act Rule

Notice of Proposed Rule

(Amendment)

DAR File No.: 39351
Filed: 05/07/2015 08:39:23 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The Division and Environmental Health Scientist Board reviewed the rule and determined the following changes need to be made. Proposed amendments clarify the prelicensing education required for licensure. A new section is added to outline the factors that will be considered in evaluating for licensure an applicant who has criminal history.

Summary of the rule or change:

Section R156-20a-302 is added to define areas of consideration of good moral character as a qualification for licensure. In Section R156-20a-302a, the proposed amendments update the areas of education requirements which qualify for licensure.

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 apply only to licensed environmental health scientists and environmental health scientists-in-training and applicants for licensure in those classifications. As a result, the proposed amendments do not apply to local governments.

small businesses:

The proposed amendments apply only to licensed environmental health scientists and environmental health scientists-in-training 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 opportunities for license qualification could positively impact small business. The Division is not able to determine an exact cost or saving impact due to the varying circumstances involving education requirements for licensure.

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

The proposed amendments apply only to licensed environmental health scientists and environmental health scientists-in-training and applicants for licensure in those classifications. The proposed amendments will expand potential opportunities for licensure to the benefit and safety of the public.

Compliance costs for affected persons:

The proposed amendments apply only to licensed environmental health scientists and environmental health scientists-in-training and applicants for licensure in those classifications. The proposed amendments should have no increased compliance cost or impact for these persons.

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

As stated in the rule analysis, this filing clarifies for prospective licensees the education that must be completed in order to qualify for licensure. In addition, it places prospective licensees on notice that their criminal history will be evaluated and may preclude licensure. Where this rule affects individuals seeking licensure, no fiscal impact to businesses is anticipated.

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:

• Maria Skedros (Lohse) at the above address, by phone at 801-530-6179, by FAX at 801-530-6511, or by Internet E-mail at mskedros@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:

07/01/2015

Interested persons may attend a public hearing regarding this rule:

• 06/10/2015 09:30 AM, Heber Wells Bldg, 160 E 300 S, Conference Room 464, Salt Lake City, UT

This rule may become effective on:

07/08/2015

Authorized by:

Mark Steinagel, Director

R156. Commerce, Occupational and Professional Licensing.

R156-20a. Environmental Health Scientist Act Rule.

R156-20a-302. Good Moral Character - Disqualifying Convictions.

(1) When reviewing an application to determine the good moral character of an applicant as set forth in Section 58-20a-302 and whether the applicant has been involved in unprofessional conduct as set forth in Subsection 58-1-501(2)(c), the Division and the Board shall consider the applicant's criminal record as follows:

(a) A criminal conviction for a sex offense as defined in Title 76, Chapter 5, Part 4 and Chapter 5a, and Title 76, Chapter 10, Part 12 and 13, may disqualify an applicant from becoming licensed.

(b) Other criminal history is relevant, including as to the following:

(i) crimes against a person as defined in Title 76, Chapter 5, Parts 1, 2 and 3;

(ii) crimes against property as defined in Title 76, Chapter 6, Parts 1 through 6;

(iii) any offense involving controlled dangerous substances; or

(iv) conspiracy to commit or any attempt to commit any of the above offenses.

(2) An applicant who has a criminal conviction for a felony crime of violence may be considered ineligible for licensure for a period of seven years from the termination of parole, probation, judicial proceeding or date of incident, whichever is later.

(3) An applicant who has a criminal conviction for a felony involving a controlled substance may be considered ineligible for licensure for a period of five years from the termination of parole, probation, judicial proceeding or date of incident, whichever is later.

(4) An applicant who has a criminal conviction for any misdemeanor crime of violence or the use of a controlled substance may be considered ineligible for licensure for a period of three years from the termination of parole, probation, judicial proceeding or date of incident, whichever is later.

(5) Each application for licensure or renewal of licensure shall be considered in accordance with the requirements of Section R156-1-302.

(6) A person whose moral character is subject to review under this Section R156-20a-302 is not guaranteed licensure after allowing a specified period of time to pass after conviction.

 

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) civil engineering;

(f)  environmental health;

(g) environmental science;

(h) environmental studies;

([f]i) geology;

([g]j) microbiology;

([h]k) physics;

([i]l) physiology;[

(j) public health science;]

([k]m) sanitary engineering;

(n) science-based public health;

(o) sustainability studies; or

([l](p) 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).

 

KEY: licensing, environmental health scientist, sanitarian, environmental health scientist-in-training

Date of Enactment or Last Substantive Amendment: [September 11, 2012]2015

Notice of Continuation: April 27, 2015

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