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.