H. B. 4521
(By Delegates Argento, Martin, Eldridge,
Miley, Morgan and Hrutkay)
[Introduced February 13, 2008; referred to the
Committee on Government Organization.]
A BILL to amend and reenact §30-17-4, §30-17-5, §30-17-6, §30-17-8
and §30-17-11 of the Code of West Virginia, 1931, as amended,
all relating to the qualifications and reinstatement of
sanitarians; a board member whose term has expired may
continue to serve until a replacement has been appointed and
approved to serve on the board; applicant fee increases; and
registrations are not renewed unless continuing education
requirements have been met.
Be it enacted by the Legislature of West Virginia:
That §30-17-4, §30-17-5, §30-17-6, §30-17-8 and §30-17-11 of
the Code of West Virginia, 1931, as amended, be amended and
reenacted, all to read as follows:
ARTICLE 17. SANITARIANS.
§30-17-4. Qualifications for registration.
Any person desiring to be registered as a sanitarian may make application to the board on a form prescribed by the board. The
board shall accept such application when submitted if accompanied
by the required fees. Persons meeting the following qualifications
shall be eligible for registration under this article:
(a) Graduate with a baccalaureate or higher degree from an
accredited college or university.
(b) Successfully completed a sanitarian's training course of
a minimum of three hundred hours approved by the board of
registration within twelve months of hire, employed as a sanitarian
in an official health department or allied agency for a period of
not less than two years, and has passed an examination given and
conducted by the board under the provisions of this article.
(c) A master's or higher degree in public health,
environmental science, sanitary science, community hygiene or other
science field as approved by the board of registration may be
substituted for one of the required years of experience.
(d) Any person who on or before the first day of July, one
thousand nine hundred ninety-two, has been registered as a
sanitarian in the state of West Virginia.
(e) A person who previously had been registered as a
registered sanitarian and whose registration has been revoked
pursuant to section twelve of this article may have his or her
registration reinstated only by specific action by the board.
§30-17-5. Qualifications for registration as a sanitarian-in-training.
(a) Any person meeting the educational qualifications of
section four, subdivisions subsections (a) and (c) of section four
of this article, but who does not meet the experience requirements
of said section those subsections may make application to the
board on a form prescribed by the board for registration as a
sanitarian-in-training. The board shall accept such application
when submitted, if accompanied by the required fees.
(b)
A person who previously had been registered as a
sanitarian-in-training and whose registration has been revoked
pursuant to section twelve of this article may have his or her
registration reinstated only by specific action by the board.
§30-17-6. Examination for registration as a sanitarian.
(a) On and after the first day of July, one thousand nine
hundred ninety-two two thousand eight, only persons who meet the
education and experience requirements in section four,
subdivisions (a),(b) and (c) subsections (a) and (b) of section
four of this article, shall be eligible for admission to
examination for registration as a sanitarian.
(b) Examination for the registration of sanitarians-in-
training may be required by the discretion of the board.
(c) Examination for registration of sanitarians under this
article, shall be administered not less than once each calendar
year, in the state at such times and places as may be specified from time to time by the board. Such examination may be written,
oral, or both, and shall include applicable subjects in the field
of environmental sanitation as it relates to public health and such
other subjects pertinent to the qualifications of sanitarians such
as, the board may prescribe, physical, biological and sanitary
sciences or environmental health and community hygiene. The
examination shall be objective and of practical character. The
examination papers shall not disclose the name of any applicant,
but shall be identified by a number assigned by the chairperson of
the board.
(d) A person shall not be registered if he or she fails to
meet the minimum grade requirements for examination specified by
the board. If an applicant fails to meet such minimum grade
requirements in his or her first examination, he or she may be
reexamined at any time and place specified by the board for the
administration of such examination and upon resubmitting his or her
application accompanied by the prescribed fees.
(e) The board shall hold at least one meeting each year to
review and evaluate applications for registration as sanitarians
and sanitarians-in-training, conduct examinations, review and
approve all bills, prepare and approve reports, and transact all
other business as may be necessary to carry out the provisions of
this article.
(f) The board shall issue certificates of registration to which the official seal of the board has been affixed, and shall
annually issue numbered identification cards to applicants who have
been found qualified as sanitarians and sanitarians-in-training.
(g) The board may hold hearings for the purpose of
administrative adjudication of such matters as may properly come
before it, make the necessary determinations in conjunction
therewith and issue such orders as may be consistent with the
findings. The board may designate one or more of its members as a
hearing agent. Such agent or representative shall conduct such
hearings in the manner provided by law.
(h) Three members of the board shall constitute a quorum and
special meetings of the board shall be called by the chairperson
upon written request of any two members of the board, or upon a
written request signed by ten registered sanitarians.
(i) All board meetings shall be open to the public with the
exception of the executive board sessions.
(j) The chairperson of the board shall receive and account for
all money received from the operation of this article.
(k) The examination papers and records pertaining thereto
shall be filed with the board and retained for at least one year.
§30-17-8. Terms of office.
On or before the first day of July, one thousand nine hundred
ninety-two, the governor (a) The Governor shall name appoint the
five original appointive board members for terms of one, two, three, four and five years respectively, beginning on that date.
Thereafter each appointment shall be for a term of five years,
except that an appointment to fill a vacancy shall be for the
unexpired term.
(b) A member of the board whose term has expired may continue
to serve on the board until a successor has been appointed by the
Governor and approved by the Senate.
(c) The governor Governor, with the concurrence of the board,
may remove an appointive a board member for misconduct in office,
incompetency incompetence, conflict of interest, neglect of duty or
other sufficient cause after due notice and hearing, if requested.
§30-17-11. Application; fees; renewals, etc.
The board shall prescribe and provide an application form for
use of all applicants. Applicants for registration as sanitarians
shall deposit a fee of twenty thirty dollars, and applicants for
registration as sanitarians-in-training shall deposit a fee of
twenty thirty dollars, at the time of making application for
registration. The board may also assess an additional fee for the
cost of the examination when deemed necessary. Should the board
deny the issuance of a certificate to any applicant, the initial
fee deposited shall be retained as a fee for processing and
evaluating the application.
All sanitarians and sanitarians-in-training registered under
the provisions of this article may renew their certificates by paying the board an annual renewal fee of twenty thirty dollars and
proof of fifteen hours of continuing education hours. These hours
are to be earned annually and the courses approved by the board
(excluding retirees of an official health department). Said fee
and proof of educational hours shall be due and payable on or
before the first day of July for which a renewal certificate for
the current year shall be issued. All certificates shall expire on
the renewal date unless renewed prior to such date. Registrations
expired for failure to pay renewal fees may be reinstated only upon
the payment of all lapsed renewal fees up to five years and submit
to training approved by the board if in excess of five years.
Registrations not renewed for failure to obtain the required
fifteen hours of continuing education will not be renewed during
the then current fiscal year.
NOTE: The purpose of this bill sets forth the qualifications
and reinstatement conditions of sanitarians. The bill increases the
application fee and does not permit registrations to be renewed
unless continuing education requirements are met. The bill also
permits a board member whose term has expired to continue to serve
until such time as the Governor's replacement has been approved by
the Senate.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
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