Sanitarian Registration Law

 

West Virginia State Code, Chapter 30 - Professions and Occupations

 

ARTICLE 17.   SANITARIANS

§30-17-1. State board of registration. 
There is hereby created a board of registration to register qualified sanitarians whose duties in public health and environmental sanitation require a knowledge of physical, biological, and sanitary sciences or environmental health, and community hygiene and whose professional pursuits and duties are necessary to the promotion of life, health, and well-being of
the community.

§30-17-2. Definitions. 
The words and phrases defined below shall when used in this article, have the following meaning unless the context clearly indicates otherwise:
(a) "Board" means the board of registration for sanitarians hereby created.
(b) "Sanitarian" means a public health professional uniquely qualified by education in the arts and sciences, specialized training, and credible field experience to assist in the enforcement of public health laws and environmental sanitation regulations, and to effectively plan, organize, manage, evaluate and execute one or more of the many diverse disciplines comprising the field of public health and environmental sanitation.
(c) "Registered sanitarian" means a sanitarian registered in accordance with the provisions of this article.
(d) "Sanitarian-in-training" means a person who possesses the necessary educational qualifications as prescribed in this article for registration as a professional sanitarian, but who has not completed the experience requirements in the fields of environmental sanitation as required for registration.
(e) "Certificates of registration" means a document issued as evidence of registration and qualification to practice as a sanitarian or a sanitarian-in-training under this article, and bearing the designation "registered sanitarian" or "sanitarian-in-training" and showing the name of the person, date of issue, serial number, seal and signatures of the members of the board hereby authorized to grant such certificates.

§30-17-3. Registration of sanitarians required. 
On and after the first day of July, one thousand nine hundred ninety-two, no person shall perform or offer to perform the duties of a sanitarian in this state without first applying for and obtaining from the state board of registration for sanitarians a certificate of registration as a sanitarian or a sanitarian-in-training.

§30-17-4. Qualifications for registration.
Any person desiring to be registered as a sanitarian may make application to the board on a form prescribed by the board.  The board shall accept such application when submitted if accompanied by the required fees. Persons meeting the following qualifications shall be eligible for registration under this article:
(a) Graduate with a baccalaureate or higher degree from an accredited college or university.
(b) Successfully completed a sanitarian's training course of a minimum of three hundred hours approved by the board of registration within twelve months of hire, employed as a sanitarian in an official health department or allied agency for a period of not less than two years, and has passed an examination given and conducted by the board under the provisions of this article.
(c) A master's or higher degree in public health, environmental science, sanitary science, community hygiene or other science field as approved by the board of registration may be substituted for one of the required years of experience.
(d) Any person who on or before the first day of July, one thousand nine hundred ninety-two, has been registered as a sanitarian in the state of West Virginia.

§30-17-5. Qualifications for registration as a sanitarian-in-training.
Any person meeting the educational qualifications of section four, subdivisions (a) and (c) of this article, but who does not meet the experience requirements of said section may make application to the board on a form prescribed by the board for registration as a sanitarian-in-training. The board shall accept such application when submitted, if accompanied by the required fees.

§30-17-6. Examination for registration as a sanitarian.
(a) On and after the first day of July, one thousand nine hundred ninety-two, only persons who meet the education and experience requirements in section four, subdivisions (a),(b) and (c) of this article, shall be eligible for admission to examination for registration as a sanitarian.
(b) Examination for the registration of sanitarians-in-training may be required by the discretion of the board.
(c) Examination for registration of sanitarians under this article, shall be administered not less than once each calendar year, in the state at such times and places as may be specified from time to time by the board. Such examination may be written, oral, or both, and shall include applicable subjects in the field of environmental sanitation as it relates to public health and such other subjects pertinent to the qualifications of sanitarians such as, the board may prescribe, physical, biological and sanitary sciences or environmental health and community hygiene. The examination shall be objective and of practical character. The examination
papers shall not disclose the name of any applicant, but shall be identified by a number assigned by the chairperson of the board.
(d) A person shall not be registered if he or she fails to meet the minimum grade requirements for examination specified by the board. If an applicant fails to meet such minimum grade requirements in his or her first examination, he or she may be reexamined at any time and place specified by the board for the administration of such examination and upon resubmitting his or her application accompanied by the prescribed fees.
(e) The board shall hold at least one meeting each year to review and evaluate applications for registration as sanitarians and sanitarians-in-training, conduct examinations, review and approve all bills, prepare and approve reports, and transact all other business as may be necessary to carry out the provisions of this article.
(f) The board shall issue certificates of registration to which the official seal of the board has been affixed, and shall annually issue numbered identification cards to applicants who have been found qualified as sanitarians and sanitarians-in-training.
(g) The board may hold hearings for the purpose of administrative adjudication of such matters as may properly come before it, make the necessary determinations in conjunction therewith and issue such orders as may be consistent with the findings. The board may designate one or more of its members as a hearing agent. Such agent or representative shall conduct such hearings in the manner provided by law.
(h) Three members of the board shall constitute a quorum and special meetings of the board shall be called by the chairperson upon written request of any two members of the board, or upon a written request signed by ten registered sanitarians.
(i) All board meetings shall be open to the public with the exception of the executive board sessions.
(j) The chairperson of the board shall receive and account for all money received from the operation of this article.
(k) The examination papers and records pertaining thereto shall be filed with the board and retained for at least one year.

§30-17-7. Board of registration for sanitarians.
A board for the registration and examination of sanitarians and sanitarians-in-training is hereby established to be known as the board of registration for sanitarians. The board shall consist of the commissioner of the bureau of public health, who shall be a nonvoting, ex officio member and secretary of the board, and five registered sanitarians to be appointed by the governor, by and with the advice and consent of the Senate. Each member appointed by the governor shall have been engaged in active practice as a registered sanitarian in this state for at least five years prior to his or her appointment, and except in the case of the
original members of the board, shall have been registered in this state as a registered sanitarian.

§30-17-8. Terms of office.
On or before the first day of July, one thousand nine hundred ninety-two, the governor shall name the five original appointive board members for terms of one, two, three, four and five years respectively, beginning on that date. Thereafter each appointment shall be for a term of five years, except that an appointment to fill a vacancy shall be for the unexpired term.
The governor, with the concurrence of the board, may remove an appointive board member for misconduct in office, incompetency, conflict of interest, neglect of duty or other sufficient cause after due notice and hearing, if requested.

§30-17-9. Board organization; duties of the board, officers, compensation, seal and meetings.
(a) The members of the board shall, as soon as appointed, organize and annually thereafter in the month of July, elect from their number a chairperson and vice chairperson.
(b) The board shall make such rules as are necessary to carry out the provisions of this article.
(c) Funds collected under the provisions of this article shall be used exclusively to pay compensation and expenses of the board and to administer the provisions of this article.
(d) The board may at such times as it deems necessary employ such administrative employees or other persons as may be necessary to carry out the provisions of this article.

§30-17-10. Record of proceedings; register of applications; register of registered sanitarians and sanitarians-in-training. 
(a) The board shall keep a record of its proceedings.
(b) The board shall maintain a register of all applications for registration, which shall show:
(1) The place of residence, name and age of each applicant;
(2) The date of application;
(3) Complete information of education and experience qualifications;
(4) The action taken by the board;
(5) The serial number of the certificate of registration and identification card issued to the applicant;
(6) The date on which the board reviewed and acted upon the application; and
(7) Such other pertinent information as may be deemed necessary by the board.
(c) The board shall maintain a current registry of all sanitarians and sanitarians-in-training in the state of West Virginia that have been registered in accordance with the provisions of this article.

§30-17-11. Application; fees; renewals, etc.
The board shall prescribe and provide an application form for use of all applicants. Applicants for registration as sanitarians shall deposit a fee of twenty dollars, and applicants for registration as sanitarians-in-training shall deposit a fee of twenty dollars, at the time of making application for registration. The board may also assess an additional fee for the cost of the examination when deemed necessary. Should the board deny the issuance of a certificate to any applicant, the initial fee deposited shall be retained as a fee for processing and evaluating the application.  All sanitarians and sanitarians-in-training registered under the provisions of this article may renew their certificates by paying the board an annual renewal fee of twenty dollars and proof of fifteen hours of continuing education hours. These hours are to be earned annually and the courses approved by the board (excluding retirees of an official health department). Said fee and proof of educational hours shall be due and payable on or before the first day of July for which a renewal certificate for the current year shall be issued. All certificates shall expire on the renewal date unless renewed prior to such date. Registrations expired for failure to pay renewal fees may be reinstated only upon the payment of all lapsed renewal fees up to five years and submit to training approved by the board if in excess of five years.

§30-17-12. Suspension or revocation of registration.
The board shall have the power to suspend or revoke, after due notice and proper hearing, a certificate of registration when the holder is found guilty of unprofessional conduct, the practice of fraud or deceit in obtaining a certificate of registration, dereliction of duty, conflict of interest, incompetence in the practice of environmental sanitation, malfeasance or misfeasance in office, any criminal, infamous, dishonest, immoral or notoriously disgraceful conduct, drug addiction or habitual use of intoxicants to excess, any acts which furnish reasonable grounds for belief by the board that the certificate holder may be subject to coercion, influence or pressure which may cause him or her to act contrary to the best interest of the profession, or for other good and sufficient cause. Notice of hearing in writing shall be given not less than thirty days prior to the date of the hearing, designating the time and place of hearing and providing the certificate holder with a copy of the charges against him or
her. The person charged shall be entitled to be represented at the hearing and present evidence in his or her defense. Every order of the board causing the suspension or revocation of a certificate of registration shall be predicated on findings based upon the record of hearing; the determination of the board may be reviewed by a court only to determine whether the board abused its discretion or exceeded its jurisdiction.

§30-17-13. Reciprocity.
The board shall, upon application therefore, and upon payment of a fee of twenty dollars, issue a certificate of registration as a sanitarian to any person who holds a certificate of registration issued to him or her by the proper authority of any state, or territory, or possession of the United States, or any country: Provided, That the requirements for the registration of sanitarians under which the certificate was issued do not conflict with the provisions of this article and at the time said certificate was granted were of a standard not lower than those specified in section four, subdivisions (a), (b) and (c) of this article.

§30-17-14. Use of title.
Only a person who has qualified as a registered sanitarian and who holds a valid current registration certificate for use in this state shall have the right and privilege of using the title, "registered sanitarian" and to use the abbreviation, "R.S." after his or her name.

§30-17-15. Violation; penalty.
It shall be unlawful for any person to represent himself or herself as, or perform duties of a registered sanitarian without being duly registered and the holder of a currently valid certificate of registration issued by the board.  On and after the first day of July, one thousand nine hundred ninety-two, each person practicing as a sanitarian shall hold a valid certificate as a registered sanitarian or sanitarian-in-training.  A person who violates the provisions of this article is, upon conviction thereof, guilty of a misdemeanor, and shall be punished by a fine not to exceed two hundred dollars, or imprisoned for not more than thirty days, or both fined and imprisoned. Magistrates have concurrent jurisdiction with circuit courts to enforce the provisions of this article. In addition, the board is authorized and empowered to apply to any court having equity powers, or to the judge thereof in vacation, for an injunction to restrain any violation of the provisions of this article.

 

 

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