DAR File No. 43250

Commerce, Occupational and Professional Licensing

Section R156-20a-302a

Qualifications for Licensure - Education Requirements

Notice of Proposed Rule

(Amendment)

DAR File No.: 43250
Filed: 10/11/2018 10:49:20 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The Environmental Health Scientist Licensing Board (Board) proposes these amendments to: 1) make minor formatting changes for clarity; 2) allow applicants for licensure under Rule R156-20a to meet certain education requirements through greater consideration of additional coursework; and 3) in accordance with changes made by S.B. 15 (2018), update the rule regarding education requirements by identifying options for foreign credential evaluation.

Summary of the rule or change:

These proposed substantive amendments are as follows: in former Subsection R156-20a-302a(2) (now new Subsection R156-20a-302a(1)(b) and new Subsection R156-20a-302a(3)), these proposed amendments will allow applicants seeking licensure as an environmental health scientist or environmental health scientist-in-training to satisfy certain education requirements through greater consideration of additional coursework by the Division Of Occupational and Professional Licensing in collaboration with the Board. New Subsection R156-20a-302a(2), to comply with S.B. 15 (2018), these proposed amendments identify additional options for foreign credential evaluations for an applicant seeking licensure as an environmental health scientist or environmental health scientist-in-training.

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 currently processes, on average, approximately 15 new applications for licensure under this rule each year, and the Division estimates that these proposed amendments will lead to an increase in licensure of qualified applicants. This estimated increase cannot be quantified as the data is not available, but any increase will indirectly affect those who employ licensed environmental health scientists or environmental health scientists-in-training. This will include certain government entities because the majority of these licensees are employed by state agencies or various counties in the state of Utah. These state employers will benefit due to a corresponding increase in both new and experienced licensees available for employment. Also, in addition to being able to more easily hire new employees, these employers may be able to transfer existing employees from another state to a Utah location. However, the full fiscal and non-fiscal benefits to the state budget cannot be estimated because the benefits obtained from being able to more easily hire qualified employees will vary substantially depending on the requirements of each employer, and on the individual characteristics and unique choices of each individual applicant and licensee. Further, because the proposed amendments regarding foreign credentialing only conform this rule to practices already required by S.B. 15 (2018), there will no impact on state agencies from those changes over and above that included in the fiscal note for S.B. 15 (2018), available online at https://le.utah.gov/~2018/bills/static/SB0015.html. Lastly, none of these proposed amendments will otherwise impact state government revenues or expenditures because they merely allow applicants additional options for meeting requirements, and will not affect the Division's existing licensing procedures or processes. Also, any increase in staff workload that may be caused by additional applications and individuals becoming licensed will be balanced by additional revenue and absorbed within the Division's existing budget. No other fiscal impact to the state is expected, beyond a minimal cost to the Division of approximately $75 to print and distribute this rule once these proposed amendments are made effective.

local governments:

The Division estimates that these proposed amendments will lead to an increase in licensure of qualified applicants. This estimated increase cannot be quantified as the data is not available, but any increase will indirectly affect those who employ licensed environmental health scientists or environmental health scientists-in-training. This will include certain local government entities because the majority of these licensees are employed by Utah agencies or various counties in the state of Utah. Local government employers will benefit due to a corresponding increase in both new and experienced licensees available for employment. Also, in addition to being able to more easily hire new employees, these employers may be able to transfer existing employees from another state to a Utah location. However, the full fiscal and non-fiscal benefits to local governments cannot be estimated because the benefits obtained from being able to more easily hire qualified licensed employees will vary substantially depending on the requirements of each employer and on the individual characteristics and unique choices of each individual applicant and licensee. Further, because these proposed amendments regarding foreign credentialing only conform this rule to practices already required by S.B. 15 (2018), there will be no impact on local governmentd from those changes over and above that included in the fiscal note for S.B 15 (2018), available online at https://le.utah.gov/~2018/bills/static/SB0015.html.

small businesses:

The Division estimates that these proposed amendments will lead to an increase in licensure of qualified applicants. This estimated increase cannot be quantified as the data ais not available, but any increase will indirectly affect the estimated 16 small businesses (NAICS 923120, 926140) who employ licensed environmental health scientists or environmental health scientists-in-training. Small business employers will benefit due to a corresponding increase in both new and experienced licensees available for employment. Also, in addition to being able to more easily hire new employees, employers may be able to transfer existing employees from another state to a Utah location. The full fiscal and non-fiscal benefits cannot be estimated because the benefits obtained from being able to more easily hire qualified licensed employees will vary substantially depending on the requirements of each employer, and on the individual characteristics and unique choices of each individual applicant and licensee. Further, because these proposed amendments regarding foreign credentialing only conform this rule to practices already required by S.B. 15 (2018), there will be no impact on small businesses from those changes over and above that included in the fiscal note for S.B 15 (2018), available online at https://le.utah.gov/~2018/bills/static/SB0015.html.

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

The Division currently processes, on average, approximately 15 new applications for licensure under this rule each year, and the Division estimates that these proposed amendments will lead to an increase in licensure of qualified applicants. This estimated increase cannot be quantified as the data is not available, but any increase will benefit those applicants who are able to become licensed and become employed in their field. The full fiscal and non-fiscal benefits to these persons cannot be estimated because the benefits obtained will vary substantially depending on the requirements of each employer, and on the individual characteristics and unique choices of each individual licensee. Further, because these proposed amendments regarding foreign credentialing only conform this rule to practices already required by S.B. 15 (2018), there will be no impact on other persons from those changes over and above that included in the fiscal note for S.B 15 (2018), available online at https://le.utah.gov/~2018/bills/static/SB0015.html.

Compliance costs for affected persons:

The Division estimates that there will be no compliance costs for any affected persons from these proposed amendments.

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

The proposed substantive amendments are as follows: in the former Subsection R156-20a-302a(2) (now new Subsection R156-20a-302a(1)(b) and new Subsection R156-20a-302a(3)), these proposed amendments will allow applicants seeking licensure as an environmental health scientist or environmental health scientist-in-training to satisfy certain education requirements through greater consideration of additional coursework by the Division in collaboration with the Board. New Subsection R156-20a-302a(2), to comply with S.B. 15 (2018), these proposed amendments identify additional options for foreign credential evaluations for an applicant seeking licensure as an environmental health scientist or environmental health scientist-in-training. The Division estimates that these proposed amendments will lead to an increase in licensure of qualified applicants. This estimated increase cannot be quantified as the data is not available, but any increase will indirectly affect the estimated 16 small businesses (NAICS 923120, 926140) who employ licensed environmental health scientists or environmental health scientists-in-training. Small business employers will benefit due to a corresponding increase in both new and experienced licensees available for employment. Also, in addition to being able to more easily hire new employees, employers may be able to transfer existing employees from another state to a Utah location. The full fiscal and non-fiscal benefits cannot be estimated because the benefits obtained from being able to more easily hire qualified licensed employees will vary substantially depending on the requirements of each employer and on the individual characteristics and unique choices of each individual applicant and licensee. Further, because these proposed amendments regarding foreign credentialing only conform this rule to practices already required by S.B. 15 (2018), there will be no impact on small businesses from those changes over and above that included in the fiscal note for S.B 15 (2018), available online at https://le.utah.gov/~2018/bills/static/SB0015.html. The Division estimates that these proposed amendments will lead to an increase in licensure of qualified applicants. This estimated increase cannot be quantified as the data are not available, but any increase will indirectly affect the single non-small business (NAICS 923120, 926140) who employs licensed environmental health scientists or environmental health scientists-in-training. Because these proposed amendments regarding foreign credentialing only conform this rule to practices already required by S.B. 15 (2018), there will be no impact on non-small business from those changes over and above that included in the iscal note for S.B 15 (2018), available online at https://le.utah.gov/~2018/bills/static/SB0015.html.

Francine A. Giani, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Office 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:

• Allyson Pettley at the above address, by phone at 801-530-6179, by FAX at 801-530-6511, or by Internet E-mail at apettley@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:

12/03/2018

Interested persons may attend a public hearing regarding this rule:

• 11/07/2018 09:00 AM, Heber Wells Bldg, 160 E 300 S, Hearing Room 250 (second floor), Salt Lake City, UT

This rule may become effective on:

12/10/2018

Authorized by:

Mark Steinagel, Director

Appendix 1: Regulatory Impact Summary Table*

Fiscal Costs	FY 2019	FY 2020	FY 2021
State Government	$0	$0	$0
Local Government	$0	$0	$0
Small Businesses	$0	$0	$0
Non-Small Businesses	$0	$0	$0
Other Person	$0	$0	$0
Total Fiscal Costs:	$0	$0	$0
Fiscal Benefits
State Government	$0	$0	$0
Local Government	$0	$0	$0
Small Businesses	$0	$0	$0
Non-Small Businesses	$0	$0	$0
Other Persons	$0	$0	$0
Total Fiscal Benefits:	$0	$0	$0
Net Fiscal Benefits:	$0	$0	$0

 

*This table only includes fiscal impacts that could be measured. If there are inestimable fiscal impacts, they will not be included in this table. Inestimable impacts for State Government, Local Government, Small Businesses and Other Persons are described above. Inestimable impacts for Non - Small Businesses are described below.

 

Appendix 2: Regulatory Impact to Non - Small Businesses (50 or more employees)

The Division estimates that these proposed amendments will lead to an increase in licensure of qualified applicants. This estimated increase cannot be quantified as the data are not available, but any increase will indirectly affect the estimated 1 non-small businesses (NAICS 923120, 926140) who employ licensed environmental health scientists or environmental health scientists-in-training. Non-small business employers will benefit due to a corresponding increase in both new and experienced licensees available for employment. Also, in addition to being able to more easily hire new employees, employers may be able to transfer existing employees from another state to a Utah location. The full fiscal and non-fiscal benefits cannot be estimated because the benefits obtained from being able to more easily hire qualified licensed employees will vary substantially depending on the requirements of each employer and on the individual characteristics and unique choices of each individual applicant and licensee. Further, because the proposed amendments regarding foreign credentialing only conform the rule to practices already required by S.B. 15 (2018), there will be no impact on non-small business from those changes over and above that included in the Fiscal Note for S.B 15 (2018), available online at https://le.utah.gov/~2018/bills/static/SB0015.html.

 

The head of the Department of Commerce, Francine A. Giani, has reviewed and approved this fiscal analysis.

 

 

R156. Commerce, Occupational and Professional Licensing.

R156-20a. Environmental Health Scientist Act Rule.

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

In accordance with Subsections 58-20a-102(1)(b) and 58-20a-302(1)(d)[,] and (2)(d)[and (3)(d)], an applicant for licensure shall satisfy the education requirement as follows:

(1) The applicant shall submit evidence of a bachelor's [or master's] degree or higher from:

(a) an environmental health program accredited by the National Environmental Health Science and Protection Accreditation Council (EHAC);[ or]

([2]b) [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]i) agronomy;

([b]ii) biology;

([c]iii) botany;

([d]iv) chemistry;

([e]v) civil engineering;

([f]vi) environmental health;

([g]vii) environmental science;

([h]viii) environmental studies;

(ix) geology;

([j]x) microbiology;

([k]xi) physics;

([l]xii) physiology;

([m]xiii) sanitary engineering;

[(n) science-based public health;]

([o]xiv) sustainability studies;[ or]

([p]xv) zoology; or

(xvi) coursework approved by the Division in collaboration with the Board; or

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

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

([b]ii) 30 semester hours or 45 quarter hours from at least three of the areas of study listed in Subsection [(2)](1)(b).

(2) If the applicant's degree was earned at an institution, college, or university not accredited by the Department of Education or the Council for Higher Education Accreditation (such as in a foreign country), the applicant shall submit evidence of the education's equivalency to Department of Education-accredited programs, as determined by:

(a) Academic Evaluation Services, Inc;

(b) Josef Silny & Associates, Inc.; or

(c) a credentialing agency approved by the Division in collaboration with the Board.

(3) An applicant may satisfy deficiencies in coursework by completion of additional hours of approved coursework at an institution, college, or university accredited by the Department of Education or the Council for Higher Education Accreditation, as approved by the Division in collaboration with the Board.

 

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

Date of Enactment or Last Substantive Amendment: [July 9, 2015]2018

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