By Brimer H.B. No. 1432 75R2609 CAG-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the regulation of industrial hygienists and 1-3 occupational safety professionals; providing a civil penalty. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Chapter 20, Title 132, Revised Statutes, is 1-6 amended by adding Article 9031 to read as follows: 1-7 Art. 9031. REGULATION OF INDUSTRIAL HYGIENISTS AND 1-8 OCCUPATIONAL SAFETY PROFESSIONALS 1-9 Sec. 1. DEFINITIONS. In this article: 1-10 (1) "Board" means the Texas Board of Health. 1-11 (2) "Department" means the Texas Department of Health. 1-12 (3) "Industrial hygiene" means the science and art of 1-13 anticipating, recognizing, evaluating, or controlling environmental 1-14 factors or stresses occurring in a workplace that may cause 1-15 sickness, impaired health and well-being, or significant discomfort 1-16 or inefficiency among the employees of the workplace or the 1-17 residents of the community in which the workplace is located. 1-18 (4) "Occupational safety" means the science and art of 1-19 preserving human and material resources by: 1-20 (A) applying engineering, education, 1-21 psychological, physiological, or management principles; 1-22 (B) anticipating, identifying, and evaluating 1-23 hazardous conditions and practices; 1-24 (C) developing hazard control designs, methods, 2-1 procedures, and programs; 2-2 (D) implementing, administering, or counseling 2-3 others on the performance of hazard controls or hazard control 2-4 programs; and 2-5 (E) measuring, auditing, and evaluating the 2-6 effectiveness of hazard controls and hazard control programs. 2-7 Sec. 2. POWERS AND DUTIES OF BOARD AND DEPARTMENT. (a) The 2-8 board may: 2-9 (1) adopt and enforce rules consistent with this 2-10 article and necessary for the performance of its duties and the 2-11 department's duties; and 2-12 (2) set reasonable and necessary fees to be charged 2-13 applicants and registrants under this article. 2-14 (b) The department shall administer this article. 2-15 (c) The department shall issue, renew, and reinstate 2-16 certificates of registration as provided by this article. 2-17 (d) The board, by rule, shall adopt a code of professional 2-18 conduct that is binding on all registrants under this article. The 2-19 board may enforce the code by imposing sanctions as provided by 2-20 this article. 2-21 (e) The department may refuse to issue or renew or may 2-22 suspend or revoke a certificate of registration and may impose 2-23 sanctions, including restrictions on the practice of a registrant 2-24 for a violation of this article or a rule adopted under this 2-25 article. 2-26 (f) The board, by rule, shall recognize the use of the 2-27 designations "associate safety professional" or "ASP" as used by 3-1 the Board of Certified Safety Professionals, "certified industrial 3-2 hygienist" or "CIH" as used by the American Board of Industrial 3-3 Hygiene, "certified safety professional" or "CSP" as used by the 3-4 Board of Certified Safety Professionals, "construction health and 3-5 safety technician" or "CHST" as used by the American Board of 3-6 Industrial Hygiene and the Board of Certified Safety Professionals, 3-7 "industrial hygienist in training" or "IHIT" as used by the 3-8 American Board of Industrial Hygiene, "occupational health and 3-9 safety technologist" or "OHST" as used by the American Board of 3-10 Industrial Hygiene and the Board of Certified Safety Professionals, 3-11 or any similar designation used by a professional industrial 3-12 hygiene or occupational safety organization, society, or 3-13 association recognized by the board, if: 3-14 (1) the organization's, society's, or association's 3-15 requirements for certification are comparable to the educational, 3-16 experience, and examination requirements of this article and are 3-17 otherwise acceptable to the board; 3-18 (2) the full name or recognized abbreviation of the 3-19 organization, society, or association granting the certification is 3-20 stated following or in conjunction with the use of the designation 3-21 or abbreviation; and 3-22 (3) the designation or abbreviation is not used in a 3-23 manner that is misleading or that creates an impression that the 3-24 person is licensed to practice industrial hygiene or occupational 3-25 safety before the public unless the person is registered under this 3-26 article. 3-27 Sec. 3. DISPOSITION OF FUNDS. Fees and other funds received 4-1 under this article by the board or department shall be remitted to 4-2 the comptroller for deposit in the general revenue fund. 4-3 Sec. 4. REGISTRATION REQUIRED. (a) Unless exempted by this 4-4 article, a person may not engage in the practice of industrial 4-5 hygiene or occupational safety without a certificate of 4-6 registration issued under this article. 4-7 (b) Unless the person is registered under this article, a 4-8 person may not: 4-9 (1) use the term "associate safety professional," 4-10 "certified industrial hygienist," "certified safety professional," 4-11 "construction health and safety technician," "industrial 4-12 hygienist," "industrial hygienist in training," "occupational 4-13 health and safety technologist," or "safety professional"; 4-14 (2) claim to have a specialty in industrial hygiene or 4-15 occupational safety as part of a professional, business, or 4-16 commercial identification or title; or 4-17 (3) otherwise hold out to the public that the person 4-18 is qualified to practice as an industrial hygienist or occupational 4-19 safety professional or to engage in the practice of industrial 4-20 hygiene or occupational safety. 4-21 Sec. 5. APPLICATION REQUIREMENTS. (a) An applicant for 4-22 registration under this article shall apply for registration on a 4-23 form prescribed by the department that is signed and sworn to by 4-24 the applicant before a notary public. 4-25 (b) An applicant shall pay a fee for application, 4-26 examination, registration, and renewal of a certificate of 4-27 registration, in addition to any other fee required by the board. 5-1 Sec. 6. REGISTRATION REQUIREMENTS. (a) The department 5-2 shall register a person working in a field of industrial hygiene or 5-3 occupational safety. 5-4 (b) The department shall register persons as: 5-5 (1) associate safety professionals; 5-6 (2) construction and health safety technicians; 5-7 (3) industrial hygienists; 5-8 (4) industrial hygienists in training; 5-9 (5) occupational health and safety technologists; and 5-10 (6) safety professionals. 5-11 (c) The board, after reviewing the impact of any proposed 5-12 registration requirement on workplace safety or the well-being of 5-13 persons in a workplace, may adopt rules relating to the 5-14 requirements for registration under Subsection (b). 5-15 (d) In adopting requirements for registration under this 5-16 article, the board shall adopt requirements for: 5-17 (1) an associate safety professional or a safety 5-18 professional that are at least as restrictive as the education, 5-19 experience, and examination requirements for those professions 5-20 adopted by the Board of Certified Safety Professionals; 5-21 (2) a construction and health safety technician or an 5-22 occupational health and safety technologist that are at least as 5-23 restrictive as the education, experience, and examination 5-24 requirements for those professions adopted by the American Board 5-25 of Industrial Hygiene and the Board of Certified Safety 5-26 Professionals; and 5-27 (3) an industrial hygienist or an industrial hygienist 6-1 in training that are at least as restrictive as the education, 6-2 experience, and examination requirements for those professions 6-3 adopted by the American Board of Industrial Hygiene. 6-4 Sec. 7. CERTIFICATES AND SEALS. (a) The board shall issue 6-5 an appropriate certificate of registration as an associate safety 6-6 professional, construction and health safety technician, industrial 6-7 hygienist, industrial hygienist in training, occupational health 6-8 and safety technologist, or safety professional to an applicant who 6-9 meets the requirements of this article for registration on payment 6-10 of the applicable registration fee. 6-11 (b) The certificate must show the full name of the 6-12 registrant, have a serial number, and be signed by an appropriate 6-13 officer of the board under the board's seal. 6-14 Sec. 8. REGISTRATION DURATION; EXPIRATION. (a) A 6-15 certificate of registration is valid for a period not to exceed two 6-16 years and expires according to a schedule established by the 6-17 department. 6-18 (b) Not later than the 60th day before the date of 6-19 expiration, the department shall notify each registrant of the date 6-20 of expiration of the registrant's certificate and the amount of the 6-21 fee required for renewal. 6-22 (c) On expiration, a certificate is invalid and may not be 6-23 renewed except as provided by this article. 6-24 Sec. 9. REGISTRATION RENEWAL. (a) The department shall 6-25 renew or reissue a certificate of registration for a registrant 6-26 who, before the expiration date of the certificate or within a 6-27 period not to exceed 60 days after the expiration as determined by 7-1 the department: 7-2 (1) submits the required renewal application and fee 7-3 and a penalty for late renewal if required; and 7-4 (2) meets the requirements for renewal established by 7-5 the board. 7-6 (b) The board, by rule, may establish conditions and fees 7-7 for the reissuance of certificates of registration that have 7-8 lapsed, have expired, or have been suspended or revoked. 7-9 (c) The department shall issue a new certificate to replace 7-10 any certificate of registration that has been lost, destroyed, or 7-11 mutilated, subject to the rules and fees adopted by the board. 7-12 Sec. 10. EXEMPTIONS; APPLICATION OF ARTICLE. This article 7-13 does not apply to: 7-14 (1) an apprentice, trainee, or student performing an 7-15 act in the field of industrial hygiene or occupational safety under 7-16 the supervision of a registered professional; 7-17 (2) a person who is licensed in this state who 7-18 practices a similar profession that is subject to state licensing, 7-19 if the person: 7-20 (A) is practicing within the scope of the 7-21 person's license; and 7-22 (B) does not hold the person out as an associate 7-23 safety professional, construction and health safety technician, 7-24 industrial hygienist, industrial hygienist in training, 7-25 occupational health and safety technologist, or safety 7-26 professional; or 7-27 (3) a person who performs an action in the field of 8-1 industrial hygiene or occupational safety and who does not hold the 8-2 person out as an associate safety professional, construction and 8-3 health safety technician, industrial hygienist, industrial 8-4 hygienist in training, occupational health and safety technologist, 8-5 or safety professional. 8-6 Sec. 11. DISCIPLINE AND ENFORCEMENT. The board may: 8-7 (1) deny renewal of a certificate of registration; 8-8 (2) permanently revoke a certificate of registration; 8-9 (3) suspend a certificate of registration for a 8-10 specified time; 8-11 (4) issue a public or private reprimand to a 8-12 registrant; or 8-13 (5) impose limitations, conditions, or restrictions on 8-14 the practice of an applicant or a registrant. 8-15 Sec. 12. CIVIL PENALTY. (a) A person violates this article 8-16 if the person: 8-17 (1) practices or offers or attempts to practice 8-18 industrial hygiene or occupational safety without being registered 8-19 as required by this article; 8-20 (2) uses the term "associate safety professional," 8-21 "construction and health safety technician," "industrial 8-22 hygienist," "industrial hygienist in training," "occupational 8-23 health and safety technologist," or "safety professional" or claims 8-24 a specialty in industrial hygiene or occupational safety as a 8-25 professional, business, or commercial identification or title or 8-26 otherwise holds out to the public that the person is registered to 8-27 practice industrial hygiene or occupational safety without being 9-1 registered as required by this article; or 9-2 (3) otherwise violates this article or a rule adopted 9-3 by the board under this article. 9-4 (b) A violation of this article is punishable by a civil 9-5 penalty of not more than $1,000 for each violation. Each day of 9-6 violation constitutes a separate violation. 9-7 Sec. 13. EFFECT ON OTHER REGULATION. (a) An order, 9-8 ordinance, or other regulation adopted by a political subdivision 9-9 of this state may not be inconsistent with this article or any 9-10 regulation adopted by the board or department under this article. 9-11 (b) Unless otherwise specifically provided by the terms of 9-12 another statute, the practice of industrial hygiene and 9-13 occupational safety is governed exclusively by this article. 9-14 SECTION 2. (a) The Texas Board of Health shall adopt rules 9-15 and procedures under Article 9031, Revised Statutes, as added by 9-16 this Act, not later than October 1, 1997. 9-17 (b) A person is not required to obtain a certificate of 9-18 registration under Article 9031, Revised Statutes, until January 1, 9-19 1998. 9-20 SECTION 3. This Act takes effect September 1, 1997. 9-21 SECTION 4. The importance of this legislation and the 9-22 crowded condition of the calendars in both houses create an 9-23 emergency and an imperative public necessity that the 9-24 constitutional rule requiring bills to be read on three several 9-25 days in each house be suspended, and this rule is hereby suspended.