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Engrossed Version House Bill 4142 History

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hb4142 ENG
ENGROSSED

H. B. 4142


(By Delegates Morgan, Stephens, Swartzmiller,
Martin, Hartman, Manypenny and Staggers)
[Introduced January 19, 2010; referred to the
Committee on Government Organization then the Judiciary.]



A BILL to amend and reenact §30-17-1, §30-17-2, §30-17-3, §30-17-4, §30-17-5, §30-17-6, §30-17-7, §30-17-8, §30-17-9, §30-17-10 and §30-17-11 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto nine new sections, designated §30-17-12, §30-17-13, §30-17-14, §30-17-15, §30-17-16, §30-17-17, §30-17-18, §30-17-19 and §30-17-20, all relating to the State Board of Sanitarians; prohibiting the practice of environmental health science without a license; prohibiting the practice of public health sanitation without a certificate; providing other applicable sections; providing definitions; providing for board composition; setting forth the powers and duties of the board; clarifying rule-making authority; continuing a special revenue account; establishing license, permit and certificate requirements; providing for exemptions from licensure; providing for licensure for persons licensed in another state; establishing renewal requirements; requiring display of license; setting forth grounds for disciplinary actions; allowing for specific disciplinary actions; providing procedures for investigation of complaints; providing for judicial review and appeals of decisions; setting forth hearing and notice requirements; providing for civil causes of action; providing criminal penalties; providing that a single act is evidence of practice; establishing fees; and establishing continuing education requirements.

Be it enacted by the Legislature of West Virginia:
That §30-17-1, §30-17-2, §30-17-3, §30-17-4, §30-17-5, §30-17-6, §30-17-7, §30-17-8, §30-17-9, §30-17-10, 30-17-11, §30- 17-12, §30-17-13, §30-17-14 and §30-17-15, of the Code of West Virginia, 1931, as amended, be amended and reenacted; and that said code be amended by adding thereto five new sections, designated §30-17-16, §30-17-17, §30-17-18, §30-17-19 and §30-17-20, all to read as follows:
ARTICLE 17. SANITARIANS.
§30-17-1. Unlawful acts.
It is unlawful for any person to practice or offer to practice environmental health science in this state without being licensed, certified or permitted under the provisions of this article, or to advertise or use any title or description tending to convey the impression that the person is a registered sanitarian, sanitarian or sanitarian-in-training unless he or she has been duly authorized under the provisions of this article, and the license, certification or permit has not expired or been suspended or revoked.
§30-17-2. Applicable law.
The practice of environmental health science and the board are subject to the provisions of article one of this chapter, the provisions of this article and any rules promulgated hereunder.
§30-17-3. Definitions.
As used in this article, the following words and terms have the following meanings:
(a) "Board" means the State Board of Sanitarians.
(b) "Bureau" means the Bureau for Public Health.
(c) "Certification" means a document issued as evidence of qualifications to practice public health sanitation under the provisions of this article.
(d) "Environmental health science" means public health science that includes, but is not limited to, the following bodies of knowledge: air quality, food quality and protection, hazardous and toxic substances, consumer product safety, housing, institutional health and safety, community noise control, radiation protection, recreational facilities, solid and liquid waste management, vector control, drinking water quality, milk sanitation and rabies control.
(e) "License" means a document issued as evidence of knowledge and the qualification to practice environmental health science under this article.
(f) "Registered sanitarian" means a person who is licensed under the provisions of this article and possesses the educational qualifications, experience requirements and successfully passed a national examination.
(g) "Permit" means a document issued as evidence of qualification to practice as a sanitarian-in-training under this article.
(h) "Practice of Public Health Sanitation" means the consultation, instruction, investigation, inspection or evaluation by an employee of the bureau or municipal or county health department with the primary purpose of improving or conducting administration of enforcement of state laws and rules.
(i) "Sanitarian" means a person who is certified by the board being uniquely qualified by education in the arts and sciences, specialized training and credible field experience to assist in the enforcement of public health sanitation laws and environmental sanitation regulations, and to effectively plan, organize, manage, evaluate and execute one or more of the many diverse disciplines comprising the field of public health sanitation.
(j) "Sanitarian-in-training" means a person who possesses the necessary educational qualifications as prescribed in this article for certification as a sanitarian, but who has not completed the experience requirements in the fields of public health sanitation as required for certification.
§30-17-4. State Board of Sanitarians.
(a) Beginning July 1, 2010, the Board of Registration for Sanitarians is continued and shall be known as the State Board of Sanitarians. The members of the board in office on July 1, 2010, shall, unless sooner removed, continue to serve until their respective terms expire and until their successors have been appointed and qualified.
(b) Effective July 1, 2010, the board shall consist of the following eight members:
(1) Four members who are registered sanitarians, under the provisions of this article;
(2) One member who may either be a registered sanitarian or a sanitarian, under the provisions of this article;
(3) Two citizen members, who are not licensed or certified under the provisions of this article, and who do not perform any services related to the practice of the professions regulated under the provisions of this article; and,
(4) The Commissioner of the Bureau of Public Health, or his or her designee, who is a nonvoting member.
(c) Each member shall be appointed by the Governor with the advice and consent of the Senate.
(d) Each member is appointed for a term of five years and may not serve more than two consecutive full terms. A member having served two consecutive full terms may not be appointed for at least one year after completion of his or her second full term. A member may continue to serve until a successor has been appointed and has qualified. The terms shall be staggered in accordance with the initial appointments under prior enactments of this article. Any member serving on the board on the effective date of this article may be reappointed in accordance with the provisions of this section.
(e) Each member of the board shall be a resident of West Virginia during the appointment term.
(f) Each licensed or certified member shall maintain an active license or certification with the board.
(g) Each licensed or certified member shall have been engaged in the practice of environmental health science or public health sanitation for at least five years.
(h) A vacancy on the board shall be filled by appointment by the Governor for the unexpired term of the member whose office is vacant.
(i) The Governor may remove any member from the board for neglect of duty, incompetency or official misconduct.
(j) A member of the board immediately and automatically forfeits membership on the board if his or her license or certification to practice has been suspended or revoked, is convicted of a felony under the laws of any jurisdiction, or becomes a nonresident of this state.
(k) The board shall elect one of its members as chairperson who serves at the will of the board.
(l) Each member of the board is entitled to compensation and expense reimbursement in accordance with article one of this chapter.
(m) A majority of the members of the board constitutes a quorum.
(n) The board shall hold at least two annual meetings. Other meetings may be held at the call of the chairperson or upon the written request of two members, at such time and place as designated in the call or request.
(o) Prior to commencing his or her duties as a member of the board, each member shall take and subscribe to the oath required by section five, article four of the Constitution of this state.
§30-17-5. Powers and duties of the board.
(a) The board has all the powers and duties set forth in this article, by rule, in article one of this chapter and elsewhere in law.
(b) The board shall:
(1) Hold meetings, conduct hearings and administer examinations;
(2) Establish requirements for a license, permit, and certificate;
(3) Establish procedures for submitting, approving and rejecting applications for a license, permit, and certificate;
(4) Determine the qualifications of any applicant for a license, permit, and certificate;
(5) Prepare, conduct, administer and grade written, oral or written and oral examinations for a license and certificate;
(6) Determine the passing grade for the examinations;
(7) Maintain records of the examinations the board or a third party administers, including the number of persons taking the examination and the pass and fail rate;
(8) Maintain an office, and hire, discharge, establish the job requirements and fix the compensation of employees and contracted employees necessary to enforce the provisions of this article;
(9) Investigate alleged violations of the provisions of this article, legislative rules, orders and final decisions of the board;
(10) Conduct disciplinary hearings of persons regulated by the board;
(11) Determine disciplinary action and issue orders;
(12) Institute appropriate legal action for the enforcement of the provisions of this article;
(13) Maintain an accurate registry of names and addresses of all persons regulated by the board;
(14) Keep accurate and complete records of its proceedings, and certify the same as may be necessary and appropriate;
(15) Establish, by legislative rule, the continuing education requirements for licensees, permittees and certificate holders; and
(16) Propose rules in accordance with the provisions of article three, chapter twenty-nine-a of this code to implement the provisions of this article.
(c) The board may:
(1) Contract with third parties to administer the examinations required under the provisions of this article;
(2) Define, by legislative rule, the fees charged under the provisions of this article;
(3) Issue, renew, deny, suspend, revoke or reinstate a license, permit and certificate;
(4) Sue and be sued in its official name as an agency of this state;
(5) Confer with the Attorney General or his or her assistant in connection with legal matters and questions; and
(6) Take all other actions necessary and proper to effectuate the purposes of this article.
§30-17-6. Rulemaking.
(a) The board shall propose rules for legislative approval, in accordance with the provisions of article three, chapter twenty- nine-a of this code, to implement the provisions of this article, including:
(1) Standards and requirements for a license, permit or certification to practice environmental health science and public health sanitation;
(2) Procedures for examinations and reexaminations;
(3) Requirements for third parties to prepare and/or administer examinations and reexaminations;
(4) Educational and experience requirements, and the passing grade on the examination;
(5) Standards for approval of courses;
(6) Procedures for the issuance and renewal of a license, permit or certificate;
(7) A fee schedule;
(8) The procedures for denying, suspending, revoking, reinstating or limiting the practice of a licensee, permittee or certificate holder;
(9) Requirements for inactive or revoked license, permit or certificate; and
(10) Any other rules necessary to effectuate the provisions of this article.
(b) All of the board's rules in effect on the effective date of this article shall remain in effect until they are amended or repealed, and references to provisions of former enactments of this article are interpreted to mean provisions of this article.
§30-17-7. Fees; special revenue account; administrative fines.
(a) All fees and other moneys, except administrative fines, received by the board shall be deposited in a separate special revenue fund in the State Treasury designated the "Sanitarians Operating Fund", which fund is continued. The fund shall be used by the board for the administration of this article. Except as may be provided in article one of this chapter, the board shall retain the amounts in the special revenue account from year to year. No compensation or expense incurred under this article is a charge against the General Revenue Fund.
(b) Any amounts received as fines imposed pursuant to this article shall be deposited into the General Revenue Fund of the State Treasury.
§30-17-8. Qualifications for licensure as a registered sanitarian.
(a) To be eligible to be licensed as a registered sanitarian, the applicant must:
(1) Be of good moral character;
(2) Be a graduate with a baccalaureate or higher degree from an accredited college or university;
(3) Successfully complete a sanitarian's training course of a minimum of three hundred hours as approved by the board;
(4) Have at least two years of experience in the field of public health sanitation; and,
(5) Pass an examination as required by the board.
(b) An applicant may substitute a successfully completed master's or higher degree in public health, environmental science, sanitary science, community hygiene or other science field as approved by the board for one of the required years of experience.
(c) A person holding a registration issued under a prior enactment of this article is eligible to renew the license in accordance with the provisions of this article and any legislative rule promulgated by the board.
§30-17-9. Qualifications for certification as a sanitarian.
(a) To be eligible to be certified as a sanitarian, the applicant must:
(1) Be of good moral character;
(2) Be a graduate with a baccalaureate or higher degree from an accredited college or university;
(3) Successfully complete a sanitarian's training course of a minimum of three hundred hours as approved by the board; and,
(4) Have at least two years of experience in the field of public health sanitation.
(b) An applicant may substitute a successfully completed master's or higher degree in public health, environmental science, sanitary science, community hygiene or other science field as approved by the board for one of the required years of experience.
§30-17-10. Qualifications for permit as a sanitarian-in-training.
(a) To be eligible to be permitted as a sanitarian-in- training, the applicant must:
(1) Be of good moral character;
(2) Be a graduate with a baccalaureate or higher degree from an accredited college or university; and
(3) Successfully complete a sanitarian's training course of a minimum of three hundred hours within twelve months of hire.
(b) A person may practice as a sanitarian-in-training for a period not to exceed three years.
(c) The board may waive the requirements of subdivision (3), subsection (a) and subsection (b) for a person who experiences an undue hardship.
§30-17-11. Persons exempted from licensure.
The activities and services of qualified members of other recognized professions practicing environmental health science consistent with the laws of this state, their training and any code of ethics of their professions so long as such person does not represent themselves as a registered sanitarian, sanitarian or sanitarian-in-training as defined by this article.
§30-17-12. License from another state.
The board may issue a license or a certification to practice environmental health science or public health sanitation in this state, without requiring an examination, to an applicant from another jurisdiction who:
(1) Is of good moral character:
(2) Holds a valid sanitarian license or other authorization to practice environmental health science or public health sanitation
in another jurisdiction and meets requirements which are substantially equivalent to the requirements set forth in this article;
(3) Is not currently being investigated by a disciplinary authority of this state or another jurisdiction, does not have charges pending against his or her license or other authorization to practice environmental health science or public health sanitation, and has never had a license or other authorization to practice environmental health science or public health sanitation revoked;
(4) Has paid all the applicable fees;
(5) Completes any additional training as determined by the board; and,
(6) Completes such other action as required by the board.
§30-17-13. Renewal requirements.
(a) All persons regulated by this article shall annually before January 1, renew his or her license, permit or certification by completing a form prescribed by the board and submit any other information required by the board.
(b) At least thirty days prior to January 1 of each year, the board shall mail to every person regulated by this article an application for renewal.
(c) The board shall charge a fee for each renewal of a license permit or certification and may charge a late fee for any renewal not paid in a timely manner.
(d) The board shall require as a condition for the renewal of a license, permit or certification that each person regulated by this article complete continuing education.
(e) The board may deny an application for renewal for any reason which would justify the denial of an original application for a license, permit or certification.
§30-17-14. Display of license.
(a) The board shall prescribe the form for a license, permit and certification and may issue a duplicate, upon payment of a fee. (b) Any person, not employed by the bureau or a municipal or county health department, shall conspicuously display his or her license, permit or certification at his or her principal place of practice.
(c) Any person regulated by the board shall carry proof of valid licensure, permit or certification on his or her person during the performance of their duties.
§30-17-15. Complaints; investigations; due process procedure; grounds for disciplinary action.

(a) The board may upon its own motion and shall upon the written complaint of any person cause an investigation to be made to determine whether grounds exist for disciplinary action under this article or the legislative rules of the board.
(b) Upon initiation or receipt of the complaint, the board shall provide a copy of the complaint to the licensee, permittee or certificate holder.
(c) The board may cause an investigation to be made into the facts and circumstances giving rise to the complaint and any person regulated by this article has an affirmative duty to assist the board, or its authorized representative, in the conduct of its investigation.
(d) After reviewing any information obtained through an investigation, the board shall determine if probable cause exists that the licensee, permittee or certificate holder has violated any provision of this article or rules promulgated pursuant to this article.
(e) Upon a finding that probable cause exists that the licensee, permittee or certificate holder has violated any provision of this article or rules promulgated pursuant to this article, the board may enter into a consent decree or hold a hearing for the suspension or revocation of the license or permit or the imposition of sanctions against the licensee, permittee or certificate holder. The hearing shall be held in accordance with the provisions of section sixteen of this article.
(f) Any member of the board or the executive director of the board may issue subpoenas and subpoenas duces tecum to obtain testimony and documents to aid in the investigation of allegations against any person regulated by this article.
(g) Any member of the board or its executive director may sign a consent decree or other legal document on behalf of the board.
(h) The board may, after notice and opportunity for hearing, deny or refuse to renew, suspend or revoke the license, permit or certification of, impose probationary conditions upon or take disciplinary action against, any licensee, permittee or certificate holder for any of the following reasons:
(1) Obtaining a license, permit or certification by fraud, misrepresentation or concealment of material facts;
(2) Being convicted of a felony or other crime involving moral turpitude;
(3) Being guilty of unprofessional conduct as defined by legislative rule of the board;
(4) Violating any provision of this article, lawful order or legislative rule of the board;
(5) Having had a license or other authorization revoked or suspended, other disciplinary action taken, or an application for licensure or other authorization refused, revoked or suspended by the proper authorities of another jurisdiction, irrespective of intervening appeals and stays; or
(6) Engaging in any act which has endangered or is likely to endanger the health, welfare or safety of the public.
(i) For the purposes of subsection (h) of this section, disciplinary action may include:
(1) Reprimand;
(2) Probation;
(3) Administrative fine, not to exceed $1,000 a day per violation;
(4) Mandatory attendance at continuing education seminars or other training;
(5) Practicing under supervision or other restriction;
(6) Requiring the licensee, permittee or certificate holder to report to the board for periodic interviews for a specified period of time; or
(7) Other corrective action considered by the board to be necessary to protect the public, including advising other parties whose legitimate interests may be at risk.
§30-17-16. Procedures for hearing; right of appeal.
(a) Hearings shall be governed by the provisions of section eight, article one of this chapter.
(b) The board may conduct the hearing or elect to have an administrative law judge conduct the hearing.
(c) If the hearing is conducted by an administrative law judge, at the conclusion of a hearing he or she shall prepare a proposed written order containing findings of fact and conclusions of law. The proposed order may contain proposed disciplinary actions if the board so directs. The board may accept, reject or modify the decision of the administrative law judge.
(d) Any member or the executive director of the board has the authority to administer oaths, examine any person under oath and issue subpoenas and subpoenas duces tecum.
(e) If, after a hearing, the board determines the licensee, permittee or certificate holder has violated any provision of this article or the board's rules, a formal written decision shall be prepared which contains findings of fact, conclusions of law and a specific description of the disciplinary actions imposed.
§30-17-17. Judicial review; appeal to Supreme Court of Appeals.
Any licensee, permittee or certification holder adversely affected by a decision of the board entered after a hearing may obtain judicial review of the decision in accordance with section four, article five, chapter twenty-nine-a of this code, and may appeal any ruling resulting from judicial review in accordance with article six, chapter twenty-nine-a of this code.
§30-17-18. Criminal proceedings; penalties.
(a) When, as a result of an investigation under this article or otherwise, the board has reason to believe that a person has knowingly violated the provisions of this article or rules promulgated pursuant to this article, the board may bring its information to the attention of an appropriate law-enforcement official who may cause criminal proceedings to be brought.
(b) Any person violating a provision of this article is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $500 nor more than $1,000 or confined in jail not more than six months, or both fined and confined.
§30-17-19. Single act evidence of practice.
In any action brought or in any proceeding initiated under this article, evidence of the commission of a single act prohibited by this article is sufficient to justify a penalty, injunction, restraining order or conviction without evidence of a general course of conduct.
§30-17-20. Fees and Continuing Education.
(a) The board may charge a fee of $35 for each license, certificate or permit issued under the provisions of this article.
(b) The board shall require each licensee, permittee and certificate holder to complete fifteen continuing education hours each year.
(c) The fees and continuing education requirements authorized by this section will remain in effect until amended, modified, repealed or replaced by legislative rule.


NOTE: The purpose of this bill is to update the law governing the practice of environmental health science and public health sanitation.

This article has been completely rewritten, therefore the entire article is underscored.

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