HBA-MPM H.B. 1838 76(R)BILL ANALYSIS Office of House Bill AnalysisH.B. 1838 By: Smith Environmental Regulation 6/4/1999 Enrolled BACKGROUND AND PURPOSE Environmental sanitation refers to that aspect of public health that includes knowledge of air quality, food quality and protection, hazardous and toxic substances, consumer product safety, 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. Sanitarians must continue to learn and apply state-of-the-art techniques to protect the health and safety of Texas citizens. Prior to the 76th Legislative Session, Texas was not in alignment with the national standards for assessing the credentials of registered professional sanitarians. H.B. 1838 elevates the educational requirements by requiring a sanitarian to have a bachelor's degree. Additionally, it provides for continuing educational units, a longer training period, and requires the State Board of Health to set the registration fees. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 5, Chapter 300, Acts of the 59th Legislature, Regular Session, 1965 (Article 4477-3, V.T.C.S.), by amending Subsections (a) and (b) and adding Subsection (e), as follows: (a) Requires the Board of Health (board), upon application on the form prescribed by it, and upon payment of a registration fee set by the board, rather than a fee of ten dollars, to issue a certificate of registration as a professional sanitarian to any person with qualifications stipulated under the provisions of this Act and who submits evidence by passing a boardprescribed written examination that sets forth proof that the applicant is qualified under the provisions of this Act. Makes nonsubstantive changes. (b) Requires a person applying for registration to have had no less than two years, rather than one year, of full-time experience in the field of sanitation and to have completed training in basic sciences and/or public health to the extent deemed necessary by the board. Requires that the educational requirements set forth by the board include the requirement that an applicant have graduated from an accredited college or university with at least a bachelor's degree that includes at least 30 semester hours in basic or applied science. Deletes the provision that the requirements not be at variance with the definition for "sanitarian" set forth by the Position Classification Act of 1961. Requires all persons employed in the field of sanitation who meet all registration qualifications except those of experience, upon approval by the board and after a payment of a registration fee prescribed by the board for a sanitarian in training, rather than payment of a fee of five dollars, in addition to passing a written examination prescribed by the board, to be granted a certificate of Sanitarian in Training. Provides that this certificate remains in effect unless revoked by the board for a period not to exceed two years, rather than one year, after date of issue. Makes conforming and nonsubstantive changes. (e) Provides that an applicant for a certificate of registration as a professional sanitarian must pay an examination fee prescribed by the board to take a license examination administered under this Act. SECTION 2. Amends Section 6, Chapter 300, Acts of the 59th Legislature, Regular Session, 1965 (Article 4477-3, V.T.C.S.), as follows: Sec. 6. RENEWAL OF CERTIFICATES; FEE; DELINQUENCY AND REINSTATEMENT. Requires every professional sanitarian registered under the provisions of this Act who desires to actively continue in the field of sanitation to pay the board a renewal fee, rather than annually pay a fee, that is prescribed, rather than fixed, by the board and provide proof of completion of continuing education contact hours established by the board. Deletes the prohibition against the fee or license renewal being fixed in excess of ten dollars. Makes conforming and nonsubstantive changes. SECTION 3. Amends Section 8(a), Chapter 300, Acts of the 59th Legislature, Regular Session, 1965 (Article 4477-3, V.T.C.S.), as follows: (a) Requires the board to prescribe fees under this Act and to administer the continuing education requirements of this Act, in addition to other duties. Creates Subdivisions (1) and (4) from existing text. SECTION 4. Amends Section 12, Chapter 300, Acts of the 59th Legislature, Regular Session, 1965 (Article 4477-3, V.T.C.S.), as follows: Sec. 12. New title: REGISTRATION REQUIRED; OFFENSES. (a) Prohibits a person engaging or offering to engage in work in the field of sanitation in this state from representing himself to be a sanitarian, or using any title containing the word "sanitarian" unless registered in good standing with the board, either as a registered professional sanitarian or a sanitarian in training. Deletes the prohibition against persons engaging in or offering to engage in work in the field of sanitation holding themselves out as such a sanitarian after a period of six months from the effective date of this Act. Makes conforming and nonsubstantive changes. (b) Provides that a person commits an offense if the person violates any provisions of this section. Makes conforming and nonsubstantive changes. (c) Provides that an offense under Subsection (b) of this Section is a Class C misdemeanor. Deletes the requirement that a person guilty of a misdemeanor under this section be fined not less than $10 nor more than $200. SECTION 5. Effective date: September 1, 1999. Makes application of this Act prospective to the educational requirements for registration as a professional sanitarian beginning September 1, 2001. SECTION 6. Emergency clause.