PROPOSAL
Maryland Register
Issue Date: February 2, 2018
Volume 45 • Issue 3 • Pages 163—164
Title 10
MARYLAND DEPARTMENT OF HEALTH
Subtitle 60 BOARD OF ENVIRONMENTAL HEALTH SPECIALISTS
Notice of Proposed Action
[17-211-P]
The Secretary of Health proposes to:
(1) Amend Regulation .05 under COMAR 10.60.01 General Regulations; and
(2) Amend Regulation .01 and adopt new Regulation .04 under COMAR 10.60.03 Continuing Education.
This action was considered at a public meeting held on May 3, 2017, 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) Clarify procedures related to continuing education (CE);
(2) Clarify how credit hours will be determined for approved CE;
(3) Establish a process by which the Board may grant an extension of time for a licensee to complete required CE if certain requirements are met;
(4) Provide that failure to obtain the required CE after being granted an extension of time means that the licensee cannot practice in the State; and
(5) Provide that a licensee who fails to complete the required CE after being granted an extension of time and fails to apply for inactive status shall be considered to have a non-renewed license.
Comparison to Federal Standards
There is no corresponding federal standard to this proposed action.
Estimate of Economic Impact
The proposed action has no economic impact.
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, Maryland Department of Health, 201 West Preston Street, Room 512, Baltimore, MD 21201, or call 410-767-6499 (TTY 800-735-2258), or email to mdh.regs@maryland.gov, or fax to 410-767-6483. Comments will be accepted through March 5, 2018. A public hearing has not been scheduled.
10.60.01 General Regulations
Authority: Health Occupations Article, §21–305, Annotated Code of Maryland
.05 Environmental Health Specialist-In-Training Program.
A.—D. (text unchanged)
E. Experience Requirements.
(1) Experience obtained under the direction of the environmental health sponsor shall be credited toward the experience requirements of [a Board-approved] an environmental health specialist-in-training program.
(2)—(6) (text unchanged)
10.60.03 Continuing Education
Authority: Health Occupations Article, §§21–205, 21–309, and 21–310, Annotated Code of Maryland
.01 Approval of Training.
A.—B. (text unchanged)
C. Board-approved training may consist of participation in any of the following:
(1)—(4) (text unchanged)
(5) Authoring a paper published in a professional journal requiring peer review; or
(6) Instruction of approved training courses[, with up to 10 hours in approved training courses per renewal period accepted].
D. (text unchanged)
E. Assignment of Credit.
(1) The Board shall determine the hours of approved training as follows:
(a) For courses given in educational institutions, 1 hour of approved training is equivalent to 1 hour of classroom training; [and]
(b) Credit hours for training such as [on-line] online courses, correspondence courses, extension studies, and authored papers shall be determined by the Board on a case-by-case basis; and
(c) Credit hours for participation in instruction of an approved training course shall be:
(i) Credited to the instructor as 1 hour of credit for 1 hour of instruction;
(ii) Accepted for up to 10 hours of training per renewal period; and
(iii) Accepted only once per renewal period for each training course.
(2) Approved training [obtained within the license renewal period] shall be credited to the [same] license renewal period if:
(a) Taken during the renewal period;
(b) Evidence of completion is submitted within 90 days of completion of the training; and
(c) The training meets the requirements set forth in Regulation .01A of this chapter.
(3) (text unchanged)
(4) Within the license renewal period, credit may not be received for training that is substantially similar to another training as determined by the Board.
F. (text unchanged)
.04 Extension of Time.
A. The Board may grant an extension and conditionally renew a license for 6 months if the Board determines that:
(1) Failure to fulfill the continuing education requirements is a result of:
(a) Functional impairment or prolonged illness that has been diagnosed by a health care practitioner;
(b) Mandatory military service or deployment;
(c) A prolonged absence from the United States;
(d) An officially declared disaster; or
(e) Financial hardship; and
(2) The licensee attempted to meet the requirements.
B. A licensee’s failure to obtain the required continuing education units on or before the end of the 6-month extension shall result in the licensee’s inability to practice as an environmental health specialist in the State.
C. If a licensee cannot obtain the required continuing education units on or before the end of the 6-month extension, the licensee may submit an application for inactive status.
D. A licensee’s failure to obtain the required continuing education units within the 6-month extension period or to submit an inactive status application shall result in the license being placed on non-renewed status.
ROBERT R. NEALL
Secretary of Health
