6 PROPOSED ADMINISTRATIVE RULES

 

SOAHR 2007-037

 

DEPARTMENT OF CONSUMER AND INDUSTRY SERVICES COMMUNITY HEALTH

 

ADVISORY COMMITTEE ON SANITARIANS

 

REGISTRATION

 

These rules become effective immediately upon filing with the Secretary of State unless adopted under sections 33, 44 or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State.

 

(By authority conferred on the director of the department of community health by section

sections 16145 and 18401 of Act No. 1978 PA 368, MCL 333.16145 and MCL 333.18401 368

of the Public Acts of 1978, as amended, being §333.16145 of the Michigan Compiled Laws and Executive Reorganization Order Numbers 1996-1, 1996-2 and 2003-1, MCL 330.3101,

445.2001 and 445.2011)

 

Draft January 22, 2008

 

R 338.3901, R 338.3902, R 338.3903, R 338.3905, R 338.3906, and R 338.3908 are being amended

and R 338.3906a and R 338.3910 are being added to the Michigan Administrative Code as follows:

 

R 338.3901  Definitions.

Rule 1. As used in these rules:

(a)   "Board" means the board of sanitarians. “Advisory committee” means the advisory committee on sanitarians.

(b)   "Code" means Act No. 368 of the Public Acts of 1978, as amended, being §333.1101 et seq. of the Michigan Compiled Laws 1978 PA 368, MCL 333.1101.

(c) "Completed an environmental health educational program acceptable to the board" means that the applicant has either completed an environmental health educational program approved by the board pursuant to the provisions of R 338.3903(l) or completed for academic credit, at an institution approved by the board, both of the following:

(i) The equivalent of 15 semester hours in the following 3 categories, with not less than the equivalent of 3 semester hours in each category:

(a) Chemistry: inorganic, organic, biochemistry, nuclear chemistry.

(b) Physics: mechanics, heat, light, sound, magnetism, electricity, modern physics. (c) Biology: zoology, human physiology, ecology.

(ii) The equivalent of 40 semester hours in the following areas:

(a) microbiology: general, applied, environmental, immunology, virology. (b) Biostatistics.

(c) Epidemiology.

(d)Public health organization and administration.

 

 

(e) Environmental health: water and waste water, food and milk, air, vectors, shelter, solid wastes, accident prevention, occupational health, radiation, industrial hygiene, noise.

(f) Academic work-study or field experience which provides exposure to the applied aspects of environmental health.

(c) “Completed an environmental health educational program acceptable to the advisory committee” means that an applicant has completed either of the following:

(i)   An undergraduate or graduate environmental health educational program approved by the advisory committee pursuant to the provisions of R 338.3903(1) or (2).

(ii)   An undergraduate or graduate program at an institution approved by the advisory committee pursuant to R 338.3903(3) or (4) that includes both of the following:

(A)  The equivalent of 15 semester hours in the following 3 categories with the equivalent of at least 3 semester hours in each category:

(1)   Chemistry: inorganic or organic.

(2)   Physics.

(3)   Biology: zoology, human physiology, or ecology.

(B)  The equivalent of 40 semester hours in at least 2 of the following areas:

(1)  Microbiology: general, applied, environmental, immunology, or virology.

(2)   Biostatistics.

(3)   Epidemiology.

(4)   Public health organization and administration.

(5)  Environmental health: water and waste water, food protection, air quality, vector control, housing, solid/hazardous waste, institutional/occupational health and safety, occupational health, radiation health, industrial hygiene, noise control, soil science, and recreational environmental health.

(6)  Internship or international study which provides exposure to the applied aspect of environmental health.

(7)   Technical report writing and risk communication.

(d) "Department" means the department of licensing and regulation community health.

 

R 338.3902  Registration by examination; requirements.

Rule 2. (1) An applicant for a sanitarian registration by examination shall submit a completed application on a form provided by the department, together with the requisite fee. In addition to meeting the requirements of the code and the administrative rules promulgated pursuant thereto to the code, an applicant shall satisfy all of the following requirements: 1 of the following requirements:

(a) The applicant shall have been granted a baccalaureate degree in science from an institution approved by the board and have completed an environmental health educational program that is acceptable to the board.

     (b) The applicant shall have obtained the equivalent of 3 years of experience in the field of environmental health by satisfying 1 of the following requirements:

     (i) The applicant shall have been employed full-time for not less that 3 years in planning, developing, or implementing systems to improve the quality of air, water, food, or other environmental factors which affect the health of the public.

     (ii) The applicant shall have been granted a master's degree in a field related to environmental health practice from a college or university approved by the board and have been employed full-time for not less than 2 years in planning, developing, or implementing

 

 

systems to improve the quality of air, water, food, or other environmental factors which affect the health of the public.

(iii) The applicant shall have been granted a doctorate degree in a field related to environmental health practice from a college or university approved by the board and have been employed full-time for not less than 1 year in planning, developing, or implementing systems to improve the quality of air, water, food, or other environmental factors which affect the health of the public.

As used in this subdivision, the term "full-time" means not less than an average of 35 hours per week.

(a)   An applicant shall have been granted a baccalaureate degree in science from an institution that meets the accreditation standards in R 338.3903(3) and (4) and shall have completed an environmental health educational program acceptable to the advisory committee, as defined in R 338.3901(c).  An applicant also shall have been employed for not less than 4,000 hours in planning, developing, or implementing systems to improve the quality of air, water, food, or other environmental factors which affect the health of the public.

(b)   An applicant shall have been granted a master’s degree or doctorate in a field related to environmental health practice from an institution that meets the accreditation standards in R 338.3903(2) and (3) and shall have completed an environmental health educational program acceptable to the advisory committee, as defined in R 338.3901(c). An applicant also shall have been employed for not less than 2,000 hours in planning, developing, or implementing systems to improve the quality of air, water, food, or other environmental factors which affect the health of the public.

(c)   An applicant shall submit proof of successful completion of an educational and experiential training program that is substantially equivalent to that required in subdivision (a) or (b) of this subrule.  To determine whether an educational and experiential training program is substantially equivalent, the department shall consider the following factors:

(i)   Course syllabi and length of the educational program.

(ii)   Accreditation of the educational program.

(iii)    Professional experience obtained after completion of the educational program, including, but not limited to, the length of the experience as well as the quality and comprehensiveness of the experience.

(c) (2) In addition to meeting the requirements of subdivision (a), (b), or (c) of subrule

(1)   of this rule,  The applicant shall achieve a converted score of not less than 75 on the registration of sanitarian an applicant shall complete and pass the registered environmental health specialist/registered sanitarian examination developed by the professional examination service in conjunction with the national environmental health association. A passing score on the examination shall be the passing score established by the national environmental health association.

 

R 338.3903  Adoption of accreditation standards by reference.  Accreditation standards; adoption by reference.

Rule 3. (1) The board advisory committee approves and adopts by reference the standards for accrediting environmental health baccalaureate programs developed and adopted by the national environmental health science and protection accreditation council, effective June 24, 2006, and entitled “Undergraduate Guidelines.”  The guidelines are available free of

 

 

charge from The National Environmental Health Science and Protection Accreditation Council, 2632 SE 25th Ave., Suite D, Portland, OR 97202 or from the council’s website at  http://ehacoffice.org at no cost.  Copies of the guidelines are available for inspection and distribution at cost from the Michigan Advisory Committee on Sanitarians, Bureau of Health Professions, Department of Community Health, 611 West Ottawa, P.O. Box 30670,

Lansing, MI 48909.  national council for accreditation of environmental health curricula in June, 1986, and entitled "Guidelines for Accreditation of Environmental Health Baccalaureate Programs." The board advisory committee shall consider deem as approved any baccalaureate program in environmental health accredited by the national council for accreditation of environmental health curricula national environmental health science and protection accreditation council as an environmental health educational program. approved by the board.  Copies of the standards may be obtained, at no cost, from the Michigan Board of Sanitarians, P.O. Box 30018, Lansing, Michigan 48909, or from the National Council for Accreditation of Environmental Health Curricula, 720 South Colorado Boulevard, Denver, Colorado 80222.

(2)   The advisory committee approves and adopts by reference the standards for accrediting environmental health graduate programs developed and adopted by the national environmental health science and protection accreditation council, effective August 1, 2006, and entitled “Guidelines for Accreditation of Environmental Health Science and Protection Master’s Graduate Programs.”  The guidelines are available free of charge from The National Environmental Health Science and Protection Accreditation Council, 2632 SE 25th Ave., Suite D, Portland, OR 97202 or from the council’s website at  http://ehacoffice.org at no cost.  Copies of the guidelines are available for inspection and distribution at cost from the Michigan Advisory Committee on Sanitarians, Bureau of Health Professions, Department of Community Health, 611 West Ottawa, P.O. Box 30670, Lansing, MI 48909.

(2) The board approves and adopts by reference the following standards for accrediting postsecondary institutions, which may be obtained from the regional accrediting body of the council on postsecondary accreditation at the identified cost:

     (a) The standards of the Middle States Association of Colleges and Schools Commission on Higher Education, 3624 Market Street, Philadelphia, Pennsylvania 19104, set forth in the document entitled "Characteristics of Excellence in Higher Education, Standards for Accreditation, December 1988," at no cost.

     (b) The standards of the North Central Association of Colleges and Schools Commission on Institutions of Higher Education, 159 North Dearborn Street, Chicago, Illinois 60601, set forth in the document entitled "A Handbook of Accreditation, 1988-89," at a cost of $4.00.

     (c) The standards of the New England Association of Schools and Colleges, Inc. Commission on Institutions of Higher Education, 15 High Street, Winchester, Massachusetts 01890, set forth in the document entitled "Accreditation Handbook, 1983 Edition, 1989 Printing" at a cost of $8.00.

     (d) The standards of the Northwest Association of Schools and Colleges Commission on Colleges, 3700-B University Way, N.E., Seattle, Washington 98105, set forth in the document entitled "Accreditation Handbook, 1988 Edition," at a cost of $5.00.

     (e) The standards of the Southern Association of Colleges and Schools Commission on Colleges, 1866 Southern Lane, Decatur, Georgia 30033, set forth in the document entitled "Criteria for Accreditation, 1989-1990 Edition," at a cost of $2.00.

 

 

     (f) The standards of the Western Association of Schools and Colleges Accrediting Commission for Senior Colleges and Universities, P.O. Box 9990, Mills College, Oakland, California 94613, set forth in the document entitled "Handbook of Accreditation, January 1988," at a cost of $10.00.

     Copies of the standards are also available for inspection at the office of the Board of Sanitarians, 611 West Ottawa Street, Lansing, Michigan, and can be obtained at cost from the Board of Sanitarians, P.O. Box 30018, Lansing, Michigan 48909. An institution that is accredited by the council on postsecondary accreditation regional accrediting body of the region in which the institution is located shall be considered approved by the board.

(3)   The advisory committee adopts by reference the recognition standards and criteria of the council for higher education accreditation (chea), effective January 2006, and the procedures and criteria for recognizing postsecondary accrediting agencies of the U.S. department of education, effective July 1, 2000, as contained in Title 34, Part 602 of the Code of Federal Regulations.  Copies of the standards and criteria of the council for higher education accreditation and the U.S. department of education are available for inspection and distribution at cost from the Michigan Advisory Committee on Sanitarians, Bureau of Health Professions, Department of Community Health, 611 West Ottawa, P.O. Box 30670, Lansing, MI 48909. The chea recognition standards also may be obtained from the Council for Higher Education Accreditation, One Dupont Circle NW, Suite 510, Washington, DC 20036-1110, or from the council’s website at http://www.chea.org at no cost. The federal recognition criteria may be obtained from the U.S. Department of Education, 400 Maryland Avenue SW, Washington, DC 20006 or from the department’s website at http://www.ed.gov at no cost.

(4)   The advisory committee adopts by reference the following standards of the following postsecondary accrediting organizations, which may be obtained from the individual accrediting organization at the identified cost.  Copies of these standards also are available for inspection and distribution at cost from the Michigan Advisory Committee on Sanitarians, Bureau of Health Professions, Department of Community Health, 611 West Ottawa, P.O. Box 30670, Lansing, MI 48909:

(a)   The standards of the Middle States Commission on Higher Education, 3624 Market Street, Philadelphia, PA 19104, in the document entitled “Characteristics of Excellence in Higher Education: Eligibility Requirements and Standards for Accreditation,” 2004 edition, which is available free of charge on the association’s website at http://www.msche.org or for purchase at a cost of $7.40 as of the time of adoption of these rules.

(b)   The standards of the New England Association of Schools and Colleges, Inc., Commission on Institutions of Higher Education, 209 Burlington Road, Bedford, MA 07130, in the document entitled “Standards for Accreditation,” 2005 edition, which is available free of charge on the association’s website at http://www.neasc.org.

(c)   The standards of the North Central Association of Colleges and Schools, The Higher Learning Commission, 30 North LaSalle Street, Suite 2400, Chicago, IL 60602, in the document entitled “Handbook of Accreditation,” third edition, which is available for purchase through the association’s website at http://www.ncahigherlearningcommission.org at a cost of $30.00 as of the time of adoption of these rules.

(d)   The standards of the Northwest Association of Schools, Colleges, and Universities, the Commission on Colleges and Universities, 8060 165th Avenue NE, Suite 100, Redmond, WA 98052, in the document entitled “Accreditation Handbook,” 2003 edition, which is available for purchase through the association’s website at http://www.nwccu.org at a cost of $20.00 as of the time of adoption of these rules.

 

 

(e)   The standards of the Southern Association of Colleges and Schools, Commission on Colleges, 1866 Southern Lane, Decatur, GA 30033, in the document entitled “Principles of Accreditation: Foundation for Quality Enhancement”, copyright 2004, which is available free of charge on the association’s website at http://www.sacscoc.org or for purchase at a cost of

$12.00 for members and $24.00 for nonmembers as of the time of adoption of these rules.

(f)   The standards of the Western Association of Schools and Colleges, the Accrediting Commission for Senior Colleges and Universities, 985 Atlantic Avenue, Suite 100, Alameda, CA 94501, in the document entitled “Handbook of Accreditation,” January 2001, which is available free of charge on the commission’s website at http://www.wascweb.org or for purchase at a cost of $15.00 for member institutions and $20.00 for nonmember institutions as of the time of adoption of these rules.

(g)   The standards of the Western Association of Schools and Colleges, Accrediting Commission for Community and Junior Colleges, 10 Commercial Blvd., Suite 204, Novato, CA 94949, in the document entitled “Accreditation Reference Book,” August 2005, which is available free of charge on the commission’s website at http://www.accjc.org.

 

R 338.3905  Examination; eligibility requirements.

Rule 5. (1) The As of January 1, 2005, board the department adopts the registration of sanitarian registered environmental health specialist/registered sanitarian examination developed by the professional examination service in conjunction with the national environmental health association. A passing score on the examination shall be a converted score of not less than 75. the passing score established by the national environmental health association.

(2)   To assure eligibility for the next scheduled examination, an applicant shall file a completed application on a form provided by the department, together with the requisite fee, not less than 30 days before the examination date. To be eligible for the examination, an applicant shall meet both of the following requirements: the requirements in either of the following:

(a) The applicant shall have been granted a baccalaureate degree in science from an institution approved by the board and have completed an environmental health educational program acc eptable to the board.

     (b) The applicant shall have obtained the equivalent of 30 months of experience in the field of environmental health by satisfying 1 of the following requirements:

     (i) The applicant shall have been employed full-time for not less than 30 months in planning, developing, or implementing systems to improve the quality of air, water, food, or other environmental factors which affect the health of the public.

     (ii) The applicant shall have been granted a master's degree in a field related to environmental health practice from a college or university approved by the board and have been employed full-time for not less than 18 months in planning, developing, or implementing systems to improve the quality of air, water, food, or other environmental factors which affect the health of the public.

(a)   An applicant shall have been granted a baccalaureate degree in science that meets the criteria in R 338.3901(c)(i) or (c)(ii)(A) and (B) from an institution that meets the accreditation standards in R 338.3903(1), (3) and (4).  An applicant also shall have been employed for not less than 4,000 hours in planning, developing, or implementing systems to improve the quality of air, water, food, or other environmental factors which affect the health of the public.

 

 

(b)   An applicant shall have been granted a master’s or doctorate degree in a field related to environmental health practice that meets criteria in R 338.3901(c)(i) or (c)(ii)(A) and (B) from an institution that meets the accreditation standards in R 338.3903(2), (3) and (4).  An applicant also shall have been employed for not less than 2,000 hours in planning, developing, or implementing systems to improve the quality of air, water, food, or other environmental factors which affect the health of the public.

(iii) The applicant shall have been granted a doctorate degree in a field related to environmental health practice from a college or university approved by the board and have been employed full-time for not less than 6 months in planning, developing, or implementing systems to improve the quality of air, water, food, or other environmental factors which affect the health of the public.

As used in this subrule, the term "full-time" means not less than an average of 35 hours per week.

(3) An applicant who fails to achieve a passing score on the examination after 2 attempts shall not be eligible to again sit for the examination until the applicant successfully completes a course or courses equivalent to not less that 4 semester hours in environmental health in an institution approved by the board.

 

R 338.3906  Registration by endorsement.

Rule 6. (1) An applicant for a Michigan registration by endorsement shall submit a completed application on forms a form provided by the department, together with the requisite fee. In addition to meeting the other requirements of the code and administrative rules promulgated pursuant thereto to the code, an applicant shall satisfy both satisfy the educational and experiential requirements, as specified in R 338.3902(1)(a), (1)(b), or (1)(c) and satisfy the requirements of this rule.

(2)   An applicant who was first licensed in another state will be presumed to have met the requirements of sections 16186(1)(a) and (b) of the code, if he or she meets all of the following requirements:

(a)   Verifies that he or she has been registered or licensed for a minimum of 3 of the last 4 years before the date of filing an application for registration as a sanitarian in Michigan.  An applicant may submit either of the following as verification:

(i)   Documentation of having been employed in another state as a registered or licensed sanitarian for the period of time specified under subdivision (a) of this subrule.

(ii)     Documentation on the status of a registration or a license from all other states in which the applicant currently holds or has ever held registration or licensure. This shall include showing proof, on a form supplied by the department, of having no record of final or pending disciplinary action in all other states where the applicant currently holds or has ever held a registration or license.

(a) Satisfy those requirements in existence in this state at the time he or she was licensed in another state.

(b)   Passed the registered environmental health specialist/registered sanitarian examination developed by the professional examination service in conjunction with the national environmental health association with a converted score of not less than 75. passing score recommended by the national environmental health association. An applicant who completed the registration of sanitarians environmental health proficiency examination developed by the professional examination service before January 1, 2005 shall have passed the examination with a converted score of not less than 75.

 

 

 

R 338.3906a Application for sanitarian re-registration; requirements.

Rule 6a.  An applicant for re-registration as a sanitarian shall comply with either of the following:

(a)   If the registration was lapsed for less than 3 years, the applicant shall submit a completed application on a form provided by the department together with the requisite fee.

(b)   If the registration was lapsed for 3 or more years, the applicant shall do all of the following:

(i)   Submit a completed application on a form provided by the department together with the requisite fee.

(ii)   Retake the registered environmental health specialist/registered sanitarian examination developed by the national environmental health association.

(iii)    Pass the examination with a passing score recommended by the national environmental health association.

 

R 339338.3908  Assessment of fines.

Rule 8. (1) When a fine has been designated as an available sanction for a violation of section 16221 of the code by section 16226 of the code, in the course of assessing a fine, a board shall take into consideration the following factors without limitation:

(a)   The extent to which the registrant obtained financial benefit from any conduct comprising part of the violation found by the board.

(b)   The willfulness of the conduct found to be part of the violation determined by the board.

(c)   The public harm, actual or potential, caused by the violation found by the board.

(d)  The cost incurred in investigating and proceeding against the licensee.

(2) A fine shall not exceed the sum of $1,000.00 for each violation found to have been committed by the registrant.

 

R 338.3910 Prohibited conduct.

Rule 10. (1) In addition to the conflict of interest provisions of section 18413(1) of the code, a registered sanitarian shall not engage in conduct prohibited by this rule, which includes, but is not limited to, the following acts or omissions:

(a)   Refusing to provide professional service to a person because of the person’s race, creed, color, national origin, age, sex, sexual orientation, disability, or any basis proscribed by law.

(b)   Engaging in harassment or unfair discrimination based on a person’s race, creed, color, national origin, age, sex, sexual orientation, disability, or any basis proscribed by law.

(c)   Involvement in a conflict of interest that interferes with the exercise of professional discretion or makes a client’s interests secondary.

(d)   Taking on a professional role when personal, scientific, professional, legal, financial, or other relationships could impair the exercise of professional discretion or make the interests of a client or interest group secondary to those of the registered sanitarian.

(e)   Taking advantage of any professional relationship or exploiting others to further the registered sanitarian’s personal, religious, political and/or business/financial interests.

 

 

(f)   Involvement in a professional relationship with a current or former client and/or his or her immediate family in which there is a risk of exploitation or harm to the client.

(g)   Soliciting or engaging in a sexual relationship with a current client that results in a conflict of interest.

(h)   Failing to inform a client or interest group of his or her obligations and options in regard to environmental and public health issues.

(i)   Failing to advise a client or interest group of applicable standards and statutes when rendering advice as a registered sanitarian.

(j)   Offering professional consultation or taking professional action in a manner that will endanger the public health or the environment.

(2) As used in subdivisions (c), (d), (f), (g), (h), and (i) of subrule (1), “client” means an individual for whom sanitarian services are rendered by a sanitarian registered under Part 184 of the Public Health Code and covered by these rules.