2002 Legislation
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HOUSE BILL NO. 421 – Environmental hlth spclst, licenses

HOUSE BILL NO. 421

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H0421........................................................by MR. SPEAKER
               Requested by: Bureau of Occupational Licenses
ENVIRONMENTAL HEALTH SPECIALISTS - Amends existing law to define terms; to
provide correct terminology for licensure of environmental health
specialists; to revise issuance periods for certificates and licenses; and
to increase permissible fees for licensure and license renewals.
                                                                        
01/07    House intro - 1st rdg - to printing
    Rpt prt - to St Aff

Bill Text


                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  Second Regular Session - 2002
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 421
                                                                        
                                       BY MR. SPEAKER
                       Requested by: Bureau of Occupational Licenses
                                                                        
  1                                        AN ACT
  2    RELATING TO ENVIRONMENTAL HEALTH SPECIALISTS; AMENDING SECTION 54-2401,  IDAHO
  3        CODE,  TO FURTHER DEFINE TERMS AND TO MAKE GRAMMATICAL REVISIONS; AMENDING
  4        SECTION 54-2402, IDAHO CODE, TO PROVIDE CORRECT TERMINOLOGY, TO REVISE THE
  5        ISSUANCE PERIODS FOR CERTIFICATES AND LICENSES, TO PROVIDE  THAT  LICENSES
  6        SHALL  BEAR  ON THEIR FACE THE SIGNATURE OF THE CHIEF OF THE BUREAU AND TO
  7        INCREASE THE  PERMISSIBLE  FEE  FOR  LICENSE  RENEWALS;  AMENDING  SECTION
  8        54-2403,  IDAHO  CODE,  TO PROVIDE CORRECT TERMINOLOGY AND TO INCREASE THE
  9        PERMISSIBLE FEE FOR LICENSURE; AMENDING SECTION 54-2404,  IDAHO  CODE,  TO
 10        PROVIDE  CORRECT TERMINOLOGY AND TO REMOVE A CODE REFERENCE; AMENDING SEC-
 11        TION 54-2405, IDAHO CODE, TO PROVIDE CORRECT  TERMINOLOGY  AND  TO  REMOVE
 12        LANGUAGE  RELATING  TO THE IMPROVEMENT OF THE PROFESSIONAL STATUS OF ENVI-
 13        RONMENTAL HEALTH SPECIALISTS; AMENDING SECTION  54-2406,  IDAHO  CODE,  TO
 14        PROVIDE  CORRECT  TERMINOLOGY;  AMENDING  SECTION  54-2407, IDAHO CODE, TO
 15        INCREASE THE PERMISSIBLE FEE FOR ORIGINAL APPLICATIONS FOR LICENSES AND TO
 16        PROVIDE CORRECT TERMINOLOGY; AMENDING SECTION 54-2408, IDAHO CODE, TO PRO-
 17        VIDE CORRECT TERMINOLOGY AND TO REMOVE  LANGUAGE  RELATING  TO  REGISTERED
 18        PROFESSIONAL SANITARIANS; AMENDING SECTION 54-2409, IDAHO CODE, TO PROVIDE
 19        CORRECT TERMINOLOGY; AMENDING SECTION 54-2410, IDAHO CODE, TO PROVIDE COR-
 20        RECT TERMINOLOGY, TO PROVIDE THAT THE BOARD SHALL HAVE THE POWER TO REFUSE
 21        TO  ISSUE  OR  RENEW LICENSES, TO REMOVE LANGUAGE PROVIDING THAT THE BOARD
 22        AND THE ACCUSED MAY BE REPRESENTED BY COUNSEL AT A HEARING AND TO  PROVIDE
 23        THAT  DISCIPLINARY  PROCEEDINGS  SHALL BE CONDUCTED IN ACCORDANCE WITH THE
 24        IDAHO ADMINISTRATIVE PROCEDURE ACT; AMENDING SECTION 54-2411, IDAHO  CODE,
 25        TO REMOVE OBSOLETE LANGUAGE; AMENDING SECTION 54-2412, IDAHO CODE, TO PRO-
 26        VIDE  CORRECT  TERMINOLOGY  AND TO REMOVE LANGUAGE PERMITTING THE BOARD TO
 27        ORDER THE SUSPENSION OF A CERTIFICATE;  AMENDING  SECTION  54-2413,  IDAHO
 28        CODE,  TO  PROVIDE  CORRECT  TERMINOLOGY;  AMENDING SECTION 54-2414, IDAHO
 29        CODE, TO PROVIDE CORRECT TERMINOLOGY AND TO REQUIRE REGISTRATION AS A CON-
 30        DITION FOR USE OF TITLE; AMENDING SECTION 54-2415, IDAHO CODE, TO  PROVIDE
 31        CORRECT  TERMINOLOGY  AND  TO INCREASE THE PERMISSIBLE FEE FOR ENDORSEMENT
 32        APPLICATIONS; AND AMENDING SECTION 54-2416, IDAHO CODE, TO PROVIDE CORRECT
 33        TERMINOLOGY, TO LIMIT THE USE OF THE TITLE "ENVIRONMENTAL HEALTH  SPECIAL-
 34        IST TRAINEE" AND TO PROVIDE THAT EMPLOYMENT OF CERTAIN PERSONS SHALL BE IN
 35        ACCORDANCE WITH THE RULES OF THE BOARD.
                                                                        
 36    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 37        SECTION  1.  That  Section 54-2401, Idaho Code, be, and the same is hereby
 38    amended to read as follows:
                                                                        
 39        54-2401.  DEFINITIONS. (a)  Wherever  used  in  this  chapter,  tThe  word
 40    "person"  wherever  used  in  this act shall be taken to include both male and
 41    female persons unless a contrary intention is  made  manifest,  provided  that
 42    person shall not be taken to mean any other than a natural person.
 43        (b)  The  word  "department"  wherever  used  in  this  act shall mean the
                                                                        
                                           2
                                                                        
  1    department of self-governing agencies of the state of Idaho.
  2        (c)  The word "bureau" wherever used in this act shall mean the bureau  of
  3    occupational licenses.
  4        (d)  The word "board" wherever used in this act shall mean the state board
  5    of environmental health specialist examiners created by section 54-2403, Idaho
  6    Code.
  7        (e)  The words "environmental health specialist" wherever used in this act
  8    shall mean a person trained and experienced in the physical, biological, chem-
  9    ical,  social and sanitary sciences, whose duties involve the control of these
 10    features of the environment.
 11        (f)  The words "environmental health" wherever used in this act shall mean
 12    the control of man's physical surroundings and within it those  factors  which
 13    may adversely influence and affect his health, safety and welfare.
 14        (g)  The  words "environmental health specialist trainee" wherever used in
 15    this act shall mean a person engaged in environmental health who has not  ful-
 16    filled  the experience qualifications prescribed by this act chapter for envi-
 17    ronmental health specialist.
 18        (h)  The words "certificate of registration" wherever  used  in  this  act
 19    shall  mean  a document showing the name of the registrant, the date of issue,
 20    serial license number and the signature of those authorized by this act  chap-
 21    ter to grant it.
 22        (i)  The  word  "license"  shall  mean  a document showing the name of the
 23    licensee, the date of expiration, license number  and  the  signature  of  the
 24    bureau  chief.  "  Registration" or "license" in this act chapter shall not be
 25    interpreted as a qualification for the practice of engineering as  defined  in
 26    section 54-1202, Idaho Code.
                                                                        
 27        SECTION  2.  That  Section 54-2402, Idaho Code, be, and the same is hereby
 28    amended to read as follows:
                                                                        
 29        54-2402.  BUREAU OF OCCUPATIONAL LICENSES TO ISSUE CERTIFICATES OF  REGIS-
 30    TRATION  AND LICENSES. The bureau of occupational licenses shall upon the cer-
 31    tification approval of the board and subject to the  provisions  of  this  act
 32    chapter,  issue  certificates  of  registration  and licenses as environmental
 33    health specialists to persons who have qualified therefor in  accordance  with
 34    this  act  chapter.  Such certificates shall be issued for a period of one (1)
 35    year and shall bear on their face the seal of the bureau, and the signature of
 36    the chairman of  the  board  of  environmental  health  specialists  examiners
 37    thereof,  and  will  be  effective  until  the  first  day  of July next after
 38    issuance. Licenses shall be issued for a period of one (1) year and shall bear
 39    on their face the signature  of  the  chief  of  the  bureau  of  occupational
 40    licenses.  Such  certificates  licenses so issued shall be renewed annually on
 41    the first day of July of every year in accordance with section 67-2614,  Idaho
 42    Code.  The bureau shall collect a fee of sixty not to exceed one hundred fifty
 43    dollars ($60.0150) for each such annual renewal of such  certificate  license,
 44    and  shall  deposit  all fees in the state treasury in accordance with section
 45    67-2605, Idaho Code. The provisions of sections 67-2609 through 67-2614, Idaho
 46    Code, shall apply  to  certificates  licenses  issued  pursuant  to  this  act
 47    chapter, except as in this act chapter modified.
                                                                        
 48        SECTION  3.  That  Section 54-2403, Idaho Code, be, and the same is hereby
 49    amended to read as follows:
                                                                        
 50        54-2403.  STATE BOARD OF ENVIRONMENTAL HEALTH SPECIALIST EXAMINERS  ESTAB-
 51    LISHED  -- DUTIES AND RESPONSIBILITIES. In order to safeguard life, health and
                                                                        
                                           3
                                                                        
  1    property, and to protect the public health and establish the professional sta-
  2    tus of persons whose duties in public health and environmental health  require
  3    a  knowledge  of  the physical, biological, social, chemical and sanitary sci-
  4    ences, there is hereby established in the department of  self-governing  agen-
  5    cies  a  board  of environmental health specialist examiners for environmental
  6    health specialists, hereinafter called the board. It shall be the duty of  the
  7    board to carry out the provisions of this act chapter, review applications for
  8    registration  licensure,  conduct  written  and oral examinations, charge such
  9    fees as the board deems reasonable to cover the cost  of  licensing  licensure
 10    not  to exceed one hundred fifty dollars ($1050), keep records of its transac-
 11    tions, adopt rules, conduct hearings and record all  matters  which  appropri-
 12    ately  may  come before it. The board shall also collect a fee from all appli-
 13    cants for purposes of the examination.  This examination fee will  equal  that
 14    charged  by  the national examining entity together with an additional twenty-
 15    five dollar ($25.00) administration fee. These  records  shall  at  reasonable
 16    times be open to examination by the public.
                                                                        
 17        SECTION  4.  That  Section 54-2404, Idaho Code, be, and the same is hereby
 18    amended to read as follows:
                                                                        
 19        54-2404.  STATE BOARD OF ENVIRONMENTAL HEALTH SPECIALIST EXAMINERS -- MAN-
 20    NER OF APPOINTMENT -- QUALIFICATIONS  --  TERMS  OF  OFFICE  --  REMOVAL  FROM
 21    OFFICE. The governor shall within thirty (30) days after the effective date of
 22    this  act appoint three (3) members to the board, subject to the provisions of
 23    section 67-2915, Idaho Code, all of whom shall be  environmental  health  spe-
 24    cialists registered licensed under the terms of this act chapter who are citi-
 25    zens  of  the United States and have been engaged officially in work involving
 26    environmental health for a period of at least five (5) years at  the  time  of
 27    their  appointment. Selection of persons to be named as appointees by the gov-
 28    ernor shall be taken from a list of six (6) eligibles submitted to him by  the
 29    Idaho  environmental  health  association.  The  members of the first board to
 30    serve for the following terms: One (1) member for one (1) year, one (1) member
 31    for two (2) years, one (1) member for three (3) years from the effective  date
 32    of their appointment or until their successor is duly appointed and qualified.
 33    Upon the expiration of the term of any member of the board, the governor shall
 34    appoint  for  a  term  of  three (3) years a registered licensed environmental
 35    health specialist or environmental health specialists having met the  qualifi-
 36    cations  set forth in this act chapter and each member shall hold office until
 37    the expiration of the term for which said member is appointed, provided,  that
 38    any  member  appointed by the governor to fill a vacancy in the board shall be
 39    selected from a list of three (3)  names  of  qualified,  registered  licensed
 40    environmental  health  specialists submitted to him by the Idaho environmental
 41    health association. The governor may remove any member of the board  for  mis-
 42    conduct,  incompetency,  neglect  of duty or for any other just and sufficient
 43    cause.
                                                                        
 44        SECTION 5.  That Section 54-2405, Idaho Code, be, and the same  is  hereby
 45    amended to read as follows:
                                                                        
 46        54-2405.  STATE  BOARD  OF  ENVIRONMENTAL  HEALTH  SPECIALIST EXAMINERS --
 47    POWERS -- PROCEDURES TO BE FOLLOWED -- FUNCTIONS --  PAYMENT  OF  EXPENSES  OF
 48    BOARD  MEMBERS. The members of the board shall, as soon as appointed, organize
 49    and annually thereafter in the month of June elect from their number a  chair-
 50    man,  and  the  chief  of  the  bureau  of  occupational  licenses or his duly
 51    appointed representative shall act as secretary and treasurer to the board.
                                                                        
                                           4
                                                                        
  1        The board, by written agreement, may authorize the bureau of  occupational
  2    licenses as agent to act in its interest.
  3        The  board  shall make and adopt all necessary rules not inconsistent with
  4    this act chapter, the laws of this state or of the United States  of  America,
  5    whereby  to perform the duties and to transact the business required under the
  6    provisions of this act chapter, and shall hold at least two (2) meetings  each
  7    year to receive and review applications for registration licensure as environ-
  8    mental  health  specialists,  hold interviews, prepare and approve reports and
  9    transact such other business as may be necessary to carry out  the  provisions
 10    of  this  act  chapter. Two (2) members of the board shall constitute a quorum
 11    and special meetings of the board shall be called by the secretary upon  writ-
 12    ten  request  of any two (2) members; all meetings shall be open to any regis-
 13    tered licensed environmental health specialist and to others who have interest
 14    in the board's work. The members of the board shall be compensated as provided
 15    by section 59-509(g), Idaho Code, subject to availability of  funds  collected
 16    under the provisions of this act chapter. Funds collected under the provisions
 17    of the act this chapter shall be used to pay the expenses of the board and for
 18    such  other proper purposes approved by the board. which will improve the pro-
 19    fessional status of environmental health specialists registered under the pro-
 20    visions of this act.
                                                                        
 21        SECTION 6.  That Section 54-2406, Idaho Code, be, and the same  is  hereby
 22    amended to read as follows:
                                                                        
 23        54-2406.  STATE  BOARD  OF  ENVIRONMENTAL  HEALTH  SPECIALIST EXAMINERS TO
 24    MAINTAIN RECORD OF PROCEEDINGS AND REGISTER OF  APPLICANTS.  The  board  shall
 25    keep  a  record  of its proceedings and an accurate register of all applicants
 26    for registration licensure, which register shall  show:  (a)  name,  age,  and
 27    place of residence of each applicant; (b) the name and address of the employer
 28    or business connection of each applicant; (c) the date of the application; (d)
 29    complete information relative to applicant's educational and experience quali-
 30    fications;  (e) the action of the board; (f) the serial number of the certifi-
 31    cate of registration license issued to the applicant; (g) the  date  on  which
 32    the board reviewed and acted on the application; (h) date of renewal; (i) such
 33    other information as may be deemed pertinent and necessary to the board.
                                                                        
 34        SECTION  7.  That  Section 54-2407, Idaho Code, be, and the same is hereby
 35    amended to read as follows:
                                                                        
 36        54-2407.  STATE BOARD OF ENVIRONMENTAL HEALTH SPECIALIST EXAMINERS TO PRE-
 37    SCRIBE AND PROVIDE APPLICATION FORM -- APPLICANTS TO PAY FEE. The board  shall
 38    prescribe  and  provide  an  application  form  for the use of applicants. The
 39    applicant shall pay at the time of filing his original  application  with  the
 40    board  a  fee  set  by  the  board  of not more than one hundred fifty dollars
 41    ($1050). If the board finds upon the basis of evidence submitted and in accor-
 42    dance with the provisions of this act chapter that the applicant does not meet
 43    registration licensure requirements, the fee shall  not  be  refunded  to  the
 44    applicant submitting it.
                                                                        
 45        SECTION  8.  That  Section 54-2408, Idaho Code, be, and the same is hereby
 46    amended to read as follows:
                                                                        
 47        54-2408.  QUALIFICATIONS FOR CERTIFICATE OF REGISTRATION AND LICENSE.  The
 48    board shall accept for review the application of any person whose application,
 49    accompanied  by  the  necessary  fee,  is submitted. The board shall carefully
                                                                        
                                           5
                                                                        
  1    evaluate the evidence submitted, and shall issue a certificate of registration
  2    and license to any applicant of good moral character who has qualifications of
  3    combined education and experience such that in the opinion of the board,  reg-
  4    istration  and  licensure of the applicant would be in substantial conformance
  5    with the basic policies and principles set forth in this act chapter, and who:
  6    (a) is a graduate of a college or university of recognized standing and holds,
  7    as a minimum, a baccalaureate degree in public health, or equivalent, and  who
  8    has  not  taken less than a total of thirty (30) credit hours of academic work
  9    in physical, biological, chemical, social and sanitary sciences; or, (b) is  a
 10    graduate  of  a  college  or university of recognized standing and holds, as a
 11    minimum, a bachelor's degree and who has not taken less than a total of thirty
 12    (30) credit hours of academic work in the physical, biological, chemical,  and
 13    sanitary sciences, and who has been gainfully employed in environmental health
 14    for a period of not less than twelve (12) calendar months prior to the date of
 15    application.  Any  person holding a license as a registered professional sani-
 16    tarian in the state of Idaho which is valid to June 30, 1972 shall  thereafter
 17    be  deemed eligible to be licensed as an environmental health specialist under
 18    the provisions of this act.
 19        Any applicant who meets all the qualifications for registration and licen-
 20    sure as an environmental health specialist as stipulated herein except for the
 21    qualifications of experience may, upon making application and paying the  nec-
 22    essary  fee, be granted upon approval of the board, a certificate of registra-
 23    tion license as an "environmental health specialist trainee."  Such  registra-
 24    tion license shall remain in effect unless revoked for cause by the board, for
 25    a period not to exceed three (3) years after date of issue.
                                                                        
 26        SECTION  9.  That  Section 54-2409, Idaho Code, be, and the same is hereby
 27    amended to read as follows:
                                                                        
 28        54-2409.  ANNUAL RENEWAL OF CERTIFICATE  OF  REGISTRATION  LICENSE.  Every
 29    environmental  health  specialist registered and licensed under the provisions
 30    of this act chapter shall annually pay to the board  a  renewal  fee  as  pre-
 31    scribed  in this act chapter and certify to the board compliance with continu-
 32    ing education requirements as may be established by board  rule.  Registration
 33    revoked  A  license  that is canceled for failure to pay renewal fees shall be
 34    reinstated according to section 67-2614, Idaho Code.
                                                                        
 35        SECTION 10.  That Section 54-2410, Idaho Code, be, and the same is  hereby
 36    amended to read as follows:
                                                                        
 37        54-2410.  GROUNDS FOR REVOCATION OR SUSPENSION OF CERTIFICATE OF REGISTRA-
 38    TION  LICENSE  --  DUTIES  OF BOARD. The board shall have the power to revoke,
 39    suspend, refuse to issue, refuse to renew or otherwise  limit  a  registration
 40    license  if  it  is  found that any holder thereof is guilty of unprofessional
 41    conduct, the practice of fraud or deceit in obtaining a registration  license,
 42    gross  negligence  of  duty,  incompetence  in  the  practice of environmental
 43    health, malfeasance or misfeasance in office or other serious  infractions  of
 44    office,  provided  that a registration such actions shall not be revoked taken
 45    until the party in question has had an opportunity  to  be  heard  before  the
 46    board.  The  board shall give notice in writing not less than twenty (20) days
 47    prior to the date of the hearing to be held at a specified time and place. The
 48    board shall cause a copy of such order of hearing and a verified copy  of  the
 49    accusation  to  be served upon the person so accused not less than twenty (20)
 50    days prior to the day appointed in the order for said hearing. The board,  and
 51    the  accused,  may  be represented by counsel at such hearing Such proceedings
                                                                        
                                           6
                                                                        
  1    shall be in accordance with the provisions  of  the  administrative  procedure
  2    act, chapter 52, title 67, Idaho Code.
                                                                        
  3        SECTION  11.  That Section 54-2411, Idaho Code, be, and the same is hereby
  4    amended to read as follows:
                                                                        
  5        54-2411.  REVOCATION PROCEEDING POWERS OF BOARD. The board shall have  the
  6    power to administer oaths, take depositions of witnesses within or without the
  7    state  in  the  manner  provided  by  law in civil cases, and shall have power
  8    throughout the state of Idaho to require the attendance of such witnesses  and
  9    the production of such books, records and papers as it may desire, relevant to
 10    any hearing before it of any matter which it has authority to investigate, and
 11    for  that purpose the board may issue a subpoena for any witness or a subpoena
 12    duces tecum to compel the production of books, records or papers, directed  to
 13    the  sheriff of any county of the state of Idaho where such witness resides or
 14    may be found, which shall be served and returned in the same manner as a  sub-
 15    poena  in a criminal case. Fees and mileage of the witnesses shall be the same
 16    as that allowed in district courts in criminal cases and shall  be  paid  from
 17    any  funds  in  the state treasury and in the same manner as other expenses of
 18    the board are paid. In the event of disobedience to, or neglect of,  any  sub-
 19    poena  or  subpoena  duces tecum served upon any person, or the refusal of any
 20    witness to testify to any matter regarding which he may be  lawfully  interro-
 21    gated,  it shall be the duty of the district court of any county in this state
 22    in which such disobedience, neglect or refusal occurs, or any  judge  thereof,
 23    on  application  of the board, to compel obedience by proceedings for contempt
 24    as in the case of disobedience of the requirements of a subpoena  issued  from
 25    such  court  or  for refusal to testify therein. The accused person shall have
 26    the same right of subpoena upon making application to the court.
 27        Should the person accused fail to appear at the time and  place  appointed
 28    for  the  hearing  in person or by counsel, the board may proceed to determine
 29    the facts of the accusation in his absence; or at  his  discretion,  may  deem
 30    neglect  or  failure  to appear to constitute an admission of the truth of the
 31    facts set forth in the accusation.
                                                                        
 32        SECTION 12.  That Section 54-2412, Idaho Code, be, and the same is  hereby
 33    amended to read as follows:
                                                                        
 34        54-2412.  PROCEEDINGS  FOR REVOCATION OR SUSPENSION OF CERTIFICATE OF REG-
 35    ISTRATION LICENSE. Proceedings before the board shall be governed by the  pro-
 36    visions  of chapter 52, title 67, Idaho Code. If the board shall find that the
 37    person accused has violated any of the provisions of  this  act  chapter,  the
 38    certificate license of such person may be revoked or suspended for such a term
 39    as  may  to  the board appear deems just and proper. in the circumstances. The
 40    board may order the suspension of the certificate of a person accused for  not
 41    less  than  thirty (30) days nor more than two (2) years. Such orders shall be
 42    entered upon the record of proceedings. A certificate license so  revoked  may
 43    not  be reinstated except upon order of a district court reversing the board's
 44    order. A certificate license so suspended may not  be  reinstated  during  the
 45    term  of  suspension except upon order of a district court reversing the board
 46    or upon order of the board itself, after hearing new  or  additional  evidence
 47    not available at the original proceedings.
                                                                        
 48        SECTION  13.  That Section 54-2413, Idaho Code, be, and the same is hereby
 49    amended to read as follows:
                                                                        
                                           7
                                                                        
  1        54-2413.  JUDICIAL REVIEW OF PROCEEDINGS REVOKING OR  SUSPENDING  CERTIFI-
  2    CATE OF REGISTRATION LICENSE. Any revocation or suspension or other discipline
  3    of  a  certificate  license  shall  be  certified  in writing by the board and
  4    attested with the official seal of the board affixed thereto, and such revoca-
  5    tion or suspension action shall be filed in the  office of the bureau of occu-
  6    pational licenses. The holder of any certificate  license  may  seek  judicial
  7    review  of the order of suspension or revocation in accordance with the provi-
  8    sions of chapter 52, title 67, Idaho Code. If the said order of suspension  or
  9    revocation shall be reversed, a certified copy of such judgment shall be filed
 10    with the board and, thereafter, the environmental health specialist whose cer-
 11    tificate  was  revoked  disciplined  shall  have his certificate license rein-
 12    stated. Any person whose certificate license has  been  revoked  by  said  the
 13    board  for  cause and the that order revoking the same shall is not thereafter
 14    be reversed by a court of competent jurisdiction, shall not be granted another
 15    certificate license in the state of Idaho for a period of one (1)  year  after
 16    the order of revocation.
                                                                        
 17        SECTION  14.  That Section 54-2414, Idaho Code, be, and the same is hereby
 18    amended to read as follows:
                                                                        
 19        54-2414.  TITLE OF REGISTERED ENVIRONMENTAL HEALTH SPECIALIST. Any  person
 20    who  is  registered and holds a registration license to practice environmental
 21    health in this state shall have the privilege of using the  title  "registered
 22    environmental  health specialist," and may use the abbreviation "E.H.S." after
 23    his name.
                                                                        
 24        SECTION 15.  That Section 54-2415, Idaho Code, be, and the same is  hereby
 25    amended to read as follows:
                                                                        
 26        54-2415.  RECIPROCITY  ENDORSEMENT. Any person who holds a valid registra-
 27    tion or license to practice environmental health from any other state in which
 28    the legally enacted qualifications for registration or licensure are not lower
 29    than the qualifications for registration licensure set forth in this act chap-
 30    ter shall upon proper application and payment of not to exceed a  one  hundred
 31    fifty  dollar  ($1050)  fee  as  may be established by board rule and with the
 32    approval of the board be accepted for registration licensed as an  environmen-
 33    tal health specialist.
                                                                        
 34        SECTION  16.  That Section 54-2416, Idaho Code, be, and the same is hereby
 35    amended to read as follows:
                                                                        
 36        54-2416.  UNLAWFUL TO USE OR ASSUME TITLE WITHOUT CERTIFICATE OF REGISTRA-
 37    TION LICENSE -- PENALTIES. (a) Without first obtaining a registration  license
 38    under the provisions of this chapter, it shall be unlawful for any person to:
 39        (1)  Use or assume the title or any other designation or advertise a title
 40        or  designation  indicating  he  is  an environmental health specialist or
 41        environmental health specialist trainee;
 42        (2)  Append after his name the title of "Environmental health  specialist"
 43        or  the  letters "E.H.S." unless he is a registered licensed environmental
 44        health specialist.
 45        (3)  Append after his name the title of "Environmental  health  specialist
 46        trainee"  or  the letters "E.H.S.T." unless he is a licensed environmental
 47        health specialist trainee.
 48        (b)  Violation of this section shall be deemed a misdemeanor punishable by
 49    fine or imprisonment upon conviction by a court of applicable jurisdiction. In
                                                                        
                                           8
                                                                        
  1    addition, if any person is in violation of any provision of this chapter,  the
  2    board may bring an action against such person in the name of the people of the
  3    state of Idaho in district court of this state to enjoin such person from con-
  4    tinuing such violation or doing any act to the furtherance thereof.
  5        Nothing in this act chapter shall be interpreted as preventing or discour-
  6    aging  the  employment  of persons who meet the academic requirements but lack
  7    necessary experience for registration licensure. Employment of such persons as
  8    trainees under the supervision of  registered  licensed  environmental  health
  9    specialists, and in accordance with the rules of the board, in order that nec-
 10    essary experience may be obtained is to be encouraged.

Statement of Purpose / Fiscal Impact


                       STATEMENT OF PURPOSE

                            RS 11450C1

Amend Section 54-2401, Idaho Code and throughout the code to provide 
for definition of license and clarify the difference between 
certificate of registration of a license throughout the chapter, to 
be consistent with the use of those terms throughout this act and in 
other licensure acts.  Amend Section 54-2415, Idaho Code, to change 
reciprocity to endorsement to be consistent with the use of those 
terms for the purpose of movement between states.  Amend Sections 
54-2402, 54-2407, and 54-2415, Idaho Code: due to a negative cash 
balance, an increase in the fee cap for application, licensure, 
endorsement, & renewal would allow the Board to increase fees by rule 
to provide adequate funds for operation; provide for renewal as 
specified in 67-2614 to allow for alternate renewal dates as may be 
later adopted.  Amend Section 54-2409, Idaho Code to replace revoked 
with cancelled to clarify the process of reinstatement.  Amend 
Sections 54-2410, 54-2412 and 54-2413, Idaho Code, to clarify that 
Board actions shall be in compliance with the APA and authorize the 
Board to refuse to issue or renew a license.  Amend Section 54-2416, 
Idaho Code, to protect the use of the term environmental health 
specialist trainee and provide for licensed supervision.  These 
changes are to provide clarity to the statute, and insure consistency 
with other licensure statues administrated by the Bureau of 
Occupational Licenses. 

                                FISCAL NOTE

There is no fiscal impact on general funds.  The fee cap increase 
will allow the Board to increase fees by rule.  Fee increases are 
necessary to generate additional funding for continued board 
operation.  The board is currently operating with a deficit fund 
balance, and is using the funds from other Boards to maintain 
services.  The Board is currently reviewing historical financial data 
in an effort to set appropriate fees to generate the necessary 
revenue.


Contact:   Budd Hetrick, Jr.
Agency:    Occupational License, Bureau
Phone:     334-3233

STATEMENT OF PURPOSE/FISCAL NOTE                       H0421