PROPOSAL
Maryland Register
Issue Date: January 6, 2017
Volume 44 • Issue 1 • Pages 40—43
Title 10
DEPARTMENT OF HEALTH AND MENTAL HYGIENE
Subtitle 60 BOARD OF ENVIRONMENTAL HEALTH SPECIALISTS
Notice of Proposed Action
[17-002-P]
The Secretary of Health and Mental Hygiene proposes to:
(1) Amend Regulations .02 — .05 under COMAR 10.60.01 General Regulations;
(2) Amend Regulations .03 — .05 under COMAR 10.60.02 Licensing Procedures;
(3) Adopt new Regulation .03 under COMAR 10.60.03 Continuing Education;
(4) Adopt new Regulation .09 and recodify existing Regulations .09 — .12 as Regulations .10 — .13 under COMAR 10.60.04 Rules of Procedure for Board Hearings; and
(5) Amend Regulation .01 under COMAR 10.60.06 Fee Schedule.
This action was considered at a public meeting on October 5, 2016, notice of which was given by publication on the Board’s website at http://dhmh.maryland.gov/behs/Pages/BoardMeeting.aspx pursuant to General Provisions Article, §3–302(c), Annotated Code of Maryland.
Statement of Purpose
The purpose of this action is to:
(1) In accordance with statute, prohibit an individual from using a certain title unless licensed by the Board with the intent to represent that the individual is licensed to practice as an environmental health specialist;
(2) Add a degree in chemical science, soil science, or geographic information systems to the required combination of education and experience needed to be approved to take a required examination;
(3) Clarify the requirements for being recognized as outstanding in the field of environmental health as being defined in COMAR;
(4) Clarify the responsibilities for the sponsor of an environmental health specialist-in-training program;
(5) Clarify that as part of the implementation of the in-training program, the environmental health specialist-in-training shall meet certain requirements;
(6) Require the Board to notify an applicant whose application has been denied by the Board by first-class mail and electronic means of the reason for denial;
(7) Require that an environmental health specialist-in-training program be approved by the Board;
(8) Authorize the Board to put an environmental health specialist-in-training certificate on inactive status at the request of the certificate holder for reasons acceptable to the Board, authorizing the reactivation of the certificate within a certain time period upon request from the certificate holder and with a letter of support from a sponsor;
(9) Provide that pre-approved providers of continuing education shall be entities that meet certain requirements;
(10) Require the Board to post and maintain a list of pre-approved providers on its website; and
(11) Repeal the late license renewal fee.
Comparison to Federal Standards
There is no corresponding federal standard to this proposed action.
Estimate of Economic Impact
I. Summary of Economic Impact. The Board is repealing the late renewal fee. The Board cannot estimate how many individuals would be charged the fee because it cannot estimate how many will apply late each year.
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Revenue (R+/R-) |
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II. Types of Economic Impact. |
Expenditure (E+/E-) |
Magnitude |
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A. On issuing agency: |
(R-) |
Indeterminable |
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B. On other State agencies: |
NONE |
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C. On local governments: |
NONE |
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Benefit (+)
Cost (-) |
Magnitude |
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D. On regulated industries or trade groups: |
(+) |
Indeterminable |
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E. On other industries or trade groups: |
NONE |
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F. Direct and indirect effects on public: |
NONE |
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III. Assumptions. (Identified by Impact Letter and Number from Section II.) |
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A. and D. The Board is repealing the late renewal fee. The Board cannot estimate how many individuals would be charged the fee because it cannot estimate how many will apply late each year. |
Economic Impact on Small Businesses
The proposed action has minimal or no economic impact on small businesses.
Impact on Individuals with Disabilities
The proposed action has no impact on individuals with disabilities.
Opportunity for Public Comment
Comments may be sent to Michele Phinney, Director, Office of Regulation and Policy Coordination, Department of Health and Mental Hygiene, 201 West Preston Street, Room 512, Baltimore, MD 21201, or call 410-767-6499 (TTY 800-735-2258), or email to dhmh.regs@maryland.gov, or fax to 410-767-6483. Comments will be accepted through February 6, 2017. A public hearing has not been scheduled.
10.60.01 General Regulations
Authority: Health Occupations Article, §21–101, 21–205, 21–304, and 21–401, Annotated Code of Maryland
.02 Prohibitions.
A.—B. (text unchanged)
C. Pursuant to Health Occupations Article, §21–401, Annotated Code of Maryland, unless an individual is licensed under this chapter, an individual may not use the title “environmental health specialist” or “licensed environmental health specialist” or the initials “E.H.S.” or “L.E.H.S.” after the name of the individual or any other title with the intent to represent that the individual is licensed to practice as an environmental health specialist.
.03 Licensing and Examination.
A. (text unchanged)
B. An applicant is eligible to take the examination if the applicant has satisfied one of the following combinations of education and experience:
(1) Combination 1:
(a) Graduated from an accredited college or university with a baccalaureate degree in the chemical, physical, biological or environmental sciences including:
(i) A minimum of 60 semester credits or the equivalent quarter credits of chemical, physical, biological, and environmental sciences acceptable to the Board, which includes at least one laboratory course in two of the following fields: chemistry, physics, [and] biology, geographic information systems, and soil science; and
(ii) (text unchanged)
(b) (text unchanged)
(2) Combination 2:
(a) Graduated from an accredited college or university with a baccalaureate degree that includes:
(i) 30 semester credits or the equivalent in quarter credits in the chemical, physical, biological, and environmental sciences acceptable to the Board, which includes at least one laboratory course in two of the following fields: chemistry, physics, [and] biology, geographic information systems, and soil science; and
(ii) (text unchanged)
(b) (text unchanged)
(3) Combination 3:
(a) Graduated from an accredited college or university with a master’s degree in public or environmental health science that includes:
(i) 30 semester credits or 45 quarter credits of chemical, physical, biological, or environmental sciences acceptable to the Board, which includes at least one laboratory course in two of the following fields: biology, chemistry, [and] physics, geographic information systems, and soil science; and
(ii) (text unchanged)
(b) (text unchanged)
.04 Waivers.
A. The Board may waive any examination requirement under this chapter if:
(1) The Board considers the applicant to be recognized as outstanding in the field of environmental health as stated in COMAR 10.60.02.04G; or
(2) (text unchanged)
B. (text unchanged)
.05 Environmental Health Specialist-In-Training Program.
A. (text unchanged)
B. At a minimum, an environmental health specialist-in-training program shall:
(1) Provide the environmental health specialist-in-training with approved experience that is in accordance with [§D] §E of this regulation and which includes the following:
(a)—(c) (text unchanged)
(d) Reviewing and approving plans for compliance or process changes; and
(2) Provide the environmental health specialist-in-training with an opportunity for education and training in the:
(a) (text unchanged)
(b) Subject areas included in the recognized examination approved by the Board[; and
(3) Be approved by the Board].
C. The environmental health sponsor of [a Board-approved] an environmental health specialist-in-training program shall [ensure]:
(1) Ensure that the program complies with §B of this regulation;
(2) Provide in house training and opportunities for outside training events; and
(3) Define and track progress through the performance evaluation process.
D. As part of the implementation of the in-training program, the environmental health specialist-in-training shall:
(1) Review recommended resource materials;
(2) Attend recommended training events to improve breadth and depth of knowledge;
(3) Receive satisfactory or above performance evaluation ratings for the entire in-training program; and
(4) With the sponsor’s input, establish a timeline for when to take the examination.
[D.] E. (text unchanged)
10.60.02 Licensing Procedures
Authority: Health Occupations Article, §§21–205, 21–302, and 21–304, Annotated Code of Maryland
.03 Action on an Application.
A.—B. (text unchanged)
C. Denial of an Application.
(1) (text unchanged)
(2) If the Board denies an application, the Board shall:
(a) Notify the applicant by [certified] first-class mail and electronic means of the reasons for denial;
(b)—(c) (text unchanged)
D. (text unchanged)
.04 Examination.
A.—F. (text unchanged)
G. To be recognized as outstanding by the Board, an applicant shall:
(1)—(2) (text unchanged)
(3) Demonstrate at least one of the following career pathways with a minimum of 15 years of progressive responsibilities with:
(a)—(b) (text unchanged)
(c) A combination of §G(3)(a) or (b) of this regulation; and
(4) Has demonstrated and documented involvement in an area listed in §G(2) of this regulation, in at least one of the following activities:
(a)—(c) (text unchanged)
(d) Has teaching experience [in an area covered by the Board]; or
[(5)] (e) Where applicable, received a professional license through a Maryland or other recognized licensure body in the candidate’s field.
.05 Certificates.
A. (text unchanged)
B. Environmental Health Specialist-In-Training Certificates.
(1) The Board shall issue an environmental health specialist-in-training certificate to an applicant who has been employed to practice as an environmental health specialist under a certificate of eligibility for obtaining employment issued by the Board if the applicant:
(a) (text unchanged)
(b) Is participating in an environmental health specialist-in-training program [approved by the Board].
(2) The environmental health specialist-in-training certificate shall expire 36 months after its effective date unless the expiration date has been extended in writing by the Board in accordance with §B(4) or (6) of this regulation.
(3)—(4) (text unchanged)
(5) The Board may place the environmental health specialist-in-training certificate on inactive status due to reasons acceptable to the Board upon a written request from the holder of an environmental health specialist-in-training certificate.
(6) The Board may reactivate the environmental health specialist-in-training certificate within the original 36 month period with an expiration date that reflects the balance of remaining time for training:
(a) Upon a written request from an individual whose environmental health specialist-in-training certificate is inactive; and
(b) Along with a letter of support from a sponsor.
[(5)] (7)—[(6)] (8) (text unchanged)
10.60.03 [Approved Training] Continuing Education
Authority: Health Occupations Article, §§21–205 and 21–309, Annotated Code of Maryland
.03 Pre-Approved Providers and Courses.
A. Pre-Approved Providers.
(1) Pre-approved providers shall offer continuing education programs that meet the objectives set forth in Regulations .01A and C of this chapter.
(2) The following are pre-approved providers:
(a) National, regional, or State accredited academic institutions offering academic courses programs recognized as acceptable environmental health specialist subject areas as defined by COMAR 10.60.01B(19);
(b) State regional, national, or international, environmental health specialist associations offering educational programs recognized as acceptable environmental health specialist subject areas as defined by COMAR 10.60.01B(19); and
(c) State, regional, national, or international non-environmental health speciliast associations offering educational programs recognized as acceptable environmental health specialist subject areas as defined by COMAR 10.60.01B(19).
B. The Board shall maintain a list of pre-approved providers and pre-approved continuing education courses on its website.
10.60.04 Rules of Procedure for Board Hearings
Authority: Health Occupations Article, §§21–205, 21-312, 21–313, and 21-401; State Government Article, §10-201―10-226; Annotated Code of Maryland
.09 Right of Appeal.
A. An individual whose certificate has been revoked or suspended by the Board, or an individual placed on probation or reprimand under the regulations in this chapter, may appeal the Board’s decision as provided by the law.
B. A licensee or certificte holder shall pay to the Board a penalty imposed under this chapter as of the date the Board’s order is issued, unless the Board’s order specifies otherwise.
C. Filing an appeal under State Government Article, §10–222, Annotated Code of Maryland, or Health Occupations Article, §21–314, Annotated Code of Maryland, does not automatically stay payment of a penalty imposed by the Board under this chapter.
D. If a licensee or certificate holder fails to pay, in whole or in part, a penalty imposed by the Board under this chapter, the Board may, in its discretion, restore, reinstate, or renew a license until the penalty has been paid in full.
E. In its discretion, the Board may refer all cases of delinquent payment to the Central Collections Unit of the Department of Budget and Management to institute and maintain proceedings to ensure prompt payment.
F. The Board shall pay all monies collected under this chapter into the State’s General Fund.
10.60.06 Fee Schedule
Authority: Health Occupations Article, §§21–205, 21–206, and 21–309, Annotated Code of Maryland
.01 Scope.
A.—C. (text unchanged)
D. The following fees apply:
(1)—(4) (text unchanged)
[(5) Late renewal of biennial license (in addition to required license renewal fee) — $50;]
](6)] (5)—[(10)] (9) (text unchanged)
[(11)] (10) Copy of roster of current license holders — $25[.]; and
[(12)] (11) 24-month renewal of certificate of in training for temporary employee — $25[;].
VAN T. MITCHELL
Secretary of Health and Mental Hygiene
