GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2009
SESSION LAW 2009-443
SENATE BILL 834
AN ACT rewriting the laws regulating sanitarians and authorizing the state board of sanitarian examiners to impose an application fee, and to increase certain fees.
The General Assembly of North Carolina enacts:
SECTION 1.(a) The title of Article 4 of Chapter 90A of the General Statutes reads as rewritten:
"Article 4.
Registrations of Sanitarians.Environmental
Health Specialists."
SECTION 1.(b) G.S. 90A-50 reads as rewritten:
"§ 90A-50.
State Board of Sanitarian Environmental Health Specialist Examiners.
(a) There is
hereby created a State Board of Sanitarian Environmental Health
Specialist Examiners to register qualified sanitarians environmental
health specialists to practice within the State. Each registered
sanitarian and registered sanitarian intern shall be a registered environmental
health specialist or a registered environmental health specialist intern as
applicable.
(b) It is the sole purpose of this Article to safeguard the health, safety, and general welfare of the public from adverse environmental factors and to register those environmental health professionals practicing as registered environmental health specialists or registered environmental health specialist interns who are qualified by education, training, and experience to work in the public sector in the field of environmental health within the scope of practice as defined in this Article."
SECTION 2. G.S. 90A-51 reads as rewritten:
"§ 90A-51. Definitions.
The words and phrases defined below shall when used in this Article have the following meaning unless the context clearly indicates otherwise:
(1)
"Board" means the Board of Sanitarian Environmental Health
Specialist Examiners.
(2)
"Certificate of registration" is means a document
issued by the Board as evidence of registration and qualification to
practice as a sanitarian or a sanitarian internregistered
environmental health specialist or a registered environmental health specialist
intern under this Article. The certificate shall bear the designation "registered
sanitarian" or "sanitarian intern"'Registered
Environmental Health Specialist' or 'Registered Environmental Health Specialist
Intern' and show the name of the person, date of issue, serial number,
seal, and signatures of the members of the Board.
(2a) 'Environmental health practice' means the provision of environmental health services, including administration, organization, management, education, enforcement, and consultation regarding environmental health services provided to or for the public. These services are offered to prevent environmental hazards and promote and protect the health of the public in the following areas: food, lodging, and institutional sanitation; on-site wastewater treatment and disposal; milk and dairy sanitation; shellfish sanitation; recreational water quality; public swimming pool sanitation; childhood lead poisoning prevention; well permitting and inspection; tattoo parlor sanitation; and all other areas of environmental health requiring the delegation of authority by the Division of Environmental Health to State and local environmental health professionals to enforce rules adopted by the Commission for Public Health or the Environmental Management Commission. The definition also includes local environmental health professionals enforcing rules of local boards of health for on-site wastewater systems and wells.
(2b) 'Environmental health specialist' means a public health professional who meets the educational requirements under this Article and has attained specialized training and acceptable environmental health field experience effectively to plan, organize, manage, provide, execute, and evaluate one or more of the many diverse elements comprising the field of environmental health practice.
(3) "Registered
sanitarian" is a sanitarian registered in accordance with the provisions
of this Article.
(4) "Sanitarian"
is a public health professional qualified by education in the arts and
sciences, specialized training, and acceptable environmental health field
experience to effectively plan, organize, manage, execute and evaluate one or
more of the many diverse elements comprising the field of environmental health.
Practice in the field of environmental health within the meaning of this
Article includes, but is not limited to, organization, management, education,
enforcement, and consultation for the purpose of prevention of environmental
health hazards and the promotion and protection of the public health and the
environment in the following areas: food, lodging and institutional
sanitation, on-site sewage treatment and disposal, and milk and dairy
sanitation.
'Registered environmental health specialist' means an environmental health specialist registered in accordance with the provisions of this Article.
For purposes of this Article the
following are not included within the definition of "sanitarian":'registered
environmental health specialist' unless the person is working as an
environmental health specialist:
a. A person teaching, lecturing, or engaging in research.
b. A person
who is a sanitary engineer, public health engineer, public health engineering
assistant, registered professional engineer, industrial hygienist, health
physicist, chemist, epidemiologist, toxicologist, geologist, hydrogeologist,
waste management specialist, or soil scientist, except when the person is
working as a sanitarian.scientist.
c. A public health officer or public health department director.
d. A person who holds a North Carolina license to practice medicine, veterinary medicine, or nursing.
e. Laboratory personnel when performing or supervising the performance of sanitation related laboratory functions.
It is the sole purpose of this
Article to safeguard the health, safety, and general welfare of the public from
adverse environmental factors and to register those environmental health
professionals practicing as sanitarians who are qualified by education,
training, and experience to work, or are working, in the public sector in the
field of environmental health within the scope of practice as defined in this
Article.
(5) "Sanitarian
intern" is'Registered environmental health specialist intern' means
a person who possesses the necessary educational qualifications as prescribed
in G.S. 90A-53(3),G.S. 90A-53, but who has not
completed the experience and specialized training requirements in the field of
public health sanitation as required for registration."
SECTION 3. G.S. 90A-52 reads as rewritten:
"§ 90A-52. Practice without certificate unlawful.
(a) In order to
safeguard life, health and the environment, it shall be unlawful for any person
to practice as a sanitarian an environmental health specialist or an
environmental health specialist intern in the State of North Carolina or
use the title "registered sanitarian"'registered
environmental health specialist' or 'registered environmental health specialist
intern' unless such the person shall have obtained a
certificate of registration from the Board. No person shall offer his services
as a registered sanitarian environmental health specialist or
registered environmental health specialist intern or use, assume or advertise
in any way any title or description tending to convey the impression that he
the person is a registered sanitarian environmental health
specialist or registered environmental health specialist intern unless he
the person is the holder of a current certificate of registration
issued by the Board.
(b) Notwithstanding
the provisions of subsection (a) of this section, a person may practice
as a an sanitarian internenvironmental health
specialist intern for a period not to exceed three years from the date
of the initial registration, provided he the person has
obtained a temporary certificate of registration from the Board."
SECTION 4. G.S. 90A-53 reads as rewritten:
"§ 90A-53.
Qualifications and examination for registration as a sanitarian.an
environmental health specialist or environmental health specialist intern.
(a) The
Board shall issue certificates a certificate to a qualified
persons person as a registered sanitarians.environmental
health specialist or a registered environmental health specialist intern. A
certificate as a registered sanitarian environmental health
specialist or a registered environmental health specialist intern shall be
issued to any person upon the Board's determination that such the person:
(1) Has made application
to the Board on a form prescribed by the Board;Board and paid a fee
not to exceed one hundred dollars ($100.00);
(2) Is of good moral
character;and ethical character and has signed an agreement to adhere
to the Code of Ethics adopted by the Board;
(3) Has received
a baccalaureate degree from a post-secondary educational institution rated as
acceptable by the Board with a minimum of 30 semester hours or its equivalent
in the physical and/or biological sciences;Meets any of the following combinations
of education and practice experience standards:
a. Graduated from a baccalaureate or postgraduate degree program that is accredited by the National Environmental Health Science and Protection Accreditation Council (EHAC) and has one or more years of experience in the field of environmental health practice; or
b. Graduated from a baccalaureate or postgraduate degree program that is accredited by an accrediting organization recognized by the United States Department of Education, Council for Higher Education Accreditation (CHEA) and meets both of the following:
1. Earned a minimum of 30 semester hours or its equivalent in the physical or biological sciences; and
2. Has two or more years of experience in the field of environmental health practice.
c. Graduated from a baccalaureate program rated as acceptable by the Board and meets both of the following:
1. Earned a minimum of 30 semester hours or its equivalent in the physical or biological sciences; and
2. Has two or more years of experience in the field of environmental health practice.
(4) Has
satisfactorily completed a course in specialized instruction and training
approved by the Board which course shall be designed as to content and so
administered as to present sufficient knowledge of the needs properly to be
served by public health sanitation, the elements of good environmental health
sanitation, the laws and regulations governing sanitation in environmental
health and the protection of the public health;Board in the practice of
environmental health;
(5) Has
had at least two years' experience in the field of environmental health as
defined in this Article. Provided, however, that only one year of experience in
the field of environmental health as defined in this Article is required of a
sanitarian intern who is a graduate of a bachelor's or master's degree program
that is accredited by the National Accreditation Council for Environmental Health
Curricula of the National Environmental Health Association;
(6) Has passed an examination administered by the Board designed to test for competence in the subject matters of environmental health sanitation. The examination shall be in a form prescribed by the Board and may be oral, written, or both. The examination for applicants shall be held annually or more frequently as the Board may by rule prescribe, at a time and place to be determined by the Board. A person shall not be registered if such person fails to meet the minimum grade requirements for examination specified by the Board. Failure to pass an examination shall not prohibit such person from being examined at subsequent times and places as specified by the Board; and
(7) Has paid a fee
set by the Board not to exceed the cost of purchasing the examination.examination
and an administrative fee not to exceed one hundred fifty dollars ($150.00).
(b) The Board may issue a certificate to a person serving as a registered environmental health specialist intern without the person meeting the full requirements for experience of a registered environmental health specialist for a period not to exceed three years from the date of initial registration as a registered environmental health specialist intern, provided, the person meets the educational requirements in G.S. 90A-53 and is in the field of environmental health practice."
SECTION 5. G.S. 90A-54 is repealed.
SECTION 6. G.S. 90A-55 reads as rewritten:
"§ 90A-55.
State Board of Sanitarian Environmental Health Specialist Examiners;
appointment and term of office.
(a) Board
Membership. - The Board shall consist of nine members:12 members who
shall serve staggered terms: the Secretary of Environment and Natural
Resources, or the Secretary's duly authorized representative, one public-spirited
citizen, one environmental sanitation educator from an accredited college or
university, one local health director, a representative of the Division of
Environmental Health of the Department of Environment and Natural Resources,
and four seven practicing sanitarians environmental
health specialists who qualify by education and experience for registration
under this Article, three six of whom will shall represent
the Western, Piedmont, and Eastern Regions of the State as described more
specifically in the rules adopted by the Board.
(b) Term of Office.
- Each member of the State Board of Sanitarian Environmental Health
Specialist Examiners shall be appointed by the Governor for a term of four
years. As the term of each current member expires, the Governor shall appoint a
successor in accordance with the provisions of this section. If a vacancy
occurs on the Board for any other reason than the expiration of a member's
term, the Governor shall appoint a successor for the remainder of the unexpired
term. No person shall serve as a member of the Board for more than two
consecutive four-year terms.
(c) The
Environmental Health Section of the North Carolina Public Health Association,
Inc., shall submit a recommended list of Board member candidates to the
Governor for his the Governor's consideration in appointments.appointments,
except for the two representatives of the Department of Environment and Natural
Resources recommended by the Secretary of Environment and Natural Resources and
the local health director recommended by the North Carolina Local Health
Directors Association.
(d) The Governor may remove an appointee member for misconduct in office, incompetency, neglect of duty, or other sufficient cause."
SECTION 7. G.S. 90A-56 reads as rewritten:
"§ 90A-56. Compensation of Board members; expenses; employees.
Members of the Board shall may receive
compensation and be reimbursed for travel expenses in accordance with
G.S. 93B-5. Notwithstanding G.S. 93B-5(a), the per diem for
eligible Board members shall not exceed fifty dollars ($50.00). The Board
may employ necessary personnel for the performance of its functions and fix the
compensation therefor, within the limits of funds available to the Board. The
total expenses of the administration of this Article shall not exceed the total
income therefrom and none of the expenses of said Board or the compensation or
expenses of any officer thereof or any employee shall ever be paid or payable
out of the treasury of the State of North Carolina; and neither the Board nor
any officer or employee thereof shall have any power or authority to make or
incur any expense, debt, or other financial obligation binding upon the State
of North Carolina."
SECTION 8. G.S. 90A-57(a) reads as rewritten:
"(a) The Board shall
annually elect a chairman, vice-chairman and a secretarychair, vice-chair,
and a secretary-treasurer from among its membership. The officers may serve
more than one term. The Board shall meet annually in the City of Raleigh, at a
time set by the Board, and it may hold additional meetings and conduct business
at any place in the State. Five Seven members of the Board shall
constitute a quorum to do business. The Board may designate any member to
conduct any proceeding, hearing, or investigation necessary to its purpose, but
any final action requires a quorum of the Board. The Board is authorized to
adopt such rules and regulations as may be necessary for the efficient
operation of the Board."
SECTION 9. G.S. 90A-59 reads as rewritten:
"§ 90A-59.
Record of proceedings; register of applications; register registry of
registered sanitarians and sanitarian interns.environmental health
specialists and environmental health specialist interns.
(a) The Board shall keep a record of its proceedings.
(b) The Board shall
maintain a register of all applicationsrecords for registration,
which shall show:include:
(1) The place of residence, name and age of each applicant;
(2) The name and address of the employer of each applicant;
(3) The date of application;
(3a) The date of employment;
(4) Complete information of educational and experience qualifications;
(4a) A signed Code of Ethics;
(5) The action taken by the Board;
(6) The serial number of the certificate of registration issued to the applicant;
(7) The date on
which the Board reviewed and acted upon the application; and
(7a) Information on continuing education required to maintain registration; and
(8) Such other pertinent information as may be deemed necessary by the Board.
(c) The Board shall
maintain a current registry of all sanitarians and sanitarian internsenvironmental
health specialists and environmental health specialist interns in the State
of North Carolina that have been registered in accordance with the provisions
of this Article.
(d) These
records shall be Records of the Board are public records as defined
in Chapter 132 of the General Statutes of North Carolina. However, college
transcripts, examinations, and medical information submitted to the Board shall
not be considered public records."
SECTION 10. G.S. 90A-60 and G.S. 90A-61 are repealed.
SECTION 11. G.S. 90A-62 reads as rewritten:
"§ 90A-62.
Certification and registration of sanitarians certifiedenvironmental
health specialists registered in other states.
The Board may, without examination, grant a certificate as a
registered sanitarian environmental health specialist to any
person who at the time of application, is certified registered as
a registered sanitarian environmental health specialist by
a similar board of another state, district or territory whose standards are determined
to be acceptable to the Board but not lower than those required by this
Article.and comply with rules adopted by the Board. A fee to be
determined by the Board and not to exceed thirty-five dollars ($35.00)one
hundred dollars ($100.00) shall be paid by the applicant to the Board for
the issuance of a certificate under the provisions of this section."
SECTION 12. G.S. 90A-63 reads as rewritten:
"§ 90A-63. Renewal of certificates.
(a) A certificate
as a registered sanitarian or sanitarian intern environmental health
specialist or registered environmental health specialist intern issued
pursuant to the provisions of this Article will expire on the thirty-first day
of December of the current year and must be renewed annually on or before the
first day of January. Each application for renewal must be accompanied by a
renewal fee to be determined by the Board, but not to exceed thirty-five
dollars ($35.00).one hundred twenty-five dollars ($125.00). However, for
renewals postmarked before January 1 of each year, the renewal fee shall not
exceed one hundred dollars ($100.00). The Board is authorized to charge
an extra five dollar late renewal fee for renewals made after the first day of
January of each year.
(b) Registrations expired for failure to pay renewal fees may be reinstated under the rules and regulations adopted by the Board.
(c) A registered sanitarian
environmental health specialist shall complete any continuing
education requirements specified by the Board for renewal of a certificate."
SECTION 13. G.S. 90A-64 reads as rewritten:
"§ 90A-64. Suspensions and revocations of certificates.
(a) The Board shall
have the power to refuse to grant, or may suspend or revoke, any certificate
issued under provisions of this Article for any of the causes hereafter enumerated:enumerated,
as determined by the Board:
(1) Fraud, deceit, or perjury in obtaining registration under the provisions of this Article;
(2) Addiction to
narcotics;Inability to practice with reasonable skill and safety due to
drunkenness or excessive use of alcohol, drugs, or chemicals;
(3) Drunkenness
on duty;Unprofessional conduct, including a material departure from or
failure to conform to the standards of acceptable and prevailing practice or
the ethics of the profession;
(4) Defrauding the public or attempting to do so;
(5) Failing to renew certificate as required;
(6) Dishonesty;
(7) Incompetency;
(8) Inexcusable neglect of duty;
(9) Guilty of any
unprofessional or dishonorable conduct unworthy of and affecting the practice
of his profession.Conviction in any court of a crime involving moral
turpitude or conviction of a felony;
(10) Failing to adhere to the Code of Ethics; or
(11) Failing to meet qualifications for renewal.
(a1) A registered environmental health specialist or registered environmental health specialist intern who is convicted of a felony or a crime of moral turpitude shall report the conviction to the Board within 30 days from the date of the conviction. A felony conviction shall result in the automatic suspension of a certificate issued by the Board for 60 days until further action is taken by the Board. The Board shall immediately begin the hearing process in accordance with Article 3A of Chapter 150B of the General Statutes. Nothing in this section shall preclude the Board from taking further action.
(b) The procedure to be followed by the Board when refusing to allow an applicant to take an examination, or revoking or suspending a certificate issued under the provisions of this Article, shall be in accordance with the provisions of Chapter 150B of the General Statutes of North Carolina.
(c) The Board may conduct investigations for any complaints alleged or upon its own motion for any allegations or causes for disciplinary action under subsection (a) of this section. The Board may subpoena individuals and records to determine if action is necessary to enforce this Article.
(d) The Board and its members, individually, or its staff shall not be held liable for any civil or criminal proceeding when exercising in good faith its powers and duties authorized under the provisions of this Article."
SECTION 14. G.S. 90A-65 reads as rewritten:
"§ 90A-65.
Representing oneself as a registered sanitarian.environmental health
specialist or registered environmental health specialist intern.
A holder of a current certificate of registration may append
to his or her name the letters, "R.S."'R.E.H.S.' or
'R.E.H.S.I.'"
SECTION 15. Article 4 of Chapter 90A of the General Statutes is amended by adding a new section to read:
"§ 90A-67. Code of Ethics.
The Board shall prepare and adopt, by rule, a Code of Ethics to be made available in writing to all registered environmental health specialists and registered environmental health specialist interns and each applicant for registration under this Article. All registered environmental health specialists and registered environmental health specialist interns shall adhere to the Code of Ethics adopted by the Board. Publication of the Code of Ethics shall serve as due notice to all certificate holders of its contents."
SECTION 16. Every person registered as an environmental health specialist or environmental health specialist intern on the effective date of this act shall sign a Code of Ethics pursuant to G.S. 90A-67, as enacted by Section 15 of this act. Each registered environmental health specialist or registered environmental health specialist intern shall submit a copy of the signed Code of Ethics with his or her application for registration renewal the following year from the effective date of this act.
SECTION 17. The three registered environmental health specialists to be appointed to the State Board of Environmental Health Specialist Examiners pursuant to G.S. 90A-55, as enacted by Section 6 of this act, shall each be appointed for four-year terms. The members described in this section shall serve for the term for which the members were appointed and until the members' successors are appointed and qualified.
SECTION 18. This act is effective when it becomes law.
In the General Assembly read three times and ratified this the 29th day of July, 2009.
s/ Marc Basnight
President Pro Tempore of the Senate
s/ Joe Hackney
Speaker of the House of Representatives
s/ Beverly E. Perdue
Governor
Approved 11:15 a.m. this 7th day of August, 2009