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.