SRC-PNG H.B. 1838 76(R)   BILL ANALYSIS


Senate Research Center   H.B. 1838
By: Smith (Moncrief)
Health Services
5/5/1999
Engrossed


DIGEST 

Environmental sanitation refers to that aspect of public health that
includes knowledge of air quality, food quality and protection, hazardous
and toxic substances, consumer product safety, institutional health and
safety, community noise control, radiation protection, recreational
facilities, solid and liquid waste management, vector control, drinking
water quality, milk sanitation, and rabies control. Sanitarians must
continue to learn and apply state-of-the-art techniques to protect the
health and safety of Texas citizens.  Currently, Texas is not in alignment
with the national standards for assessing the credentials of registered
professional sanitarians.  This bill would elevate the education level
required to be a registered professional sanitarian, and provides for
continuing educational units, a longer training period, and requires the
State Board of Health to set the registration fees. 

PURPOSE

As proposed, H.B. 1838 elevates the education level required to be a
registered professional sanitarian, and provides for continuing educational
units, a longer training period, and requires for the State Board of Health
to set the registration fees. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 5, Article 4477-3, V.T.C.S., by amending
Subsections (a) and (b) and adding Subsection (e), as follows: 

(a) Requires the Board of Health (board), upon application on the form
prescribed by it, and upon payment of a registration fee set by the board,
rather than a fee of $10, to issue a certificate of registration as a
professional sanitarian to any person with qualifications stipulated under
this Act and who submits evidence by passing a board-prescribed written
examination that sets forth proof that the applicant is qualified under
this Act.  Makes nonsubstantive changes. 

(b) Requires a person applying for registration to have had no less than
two years, rather than one year, of full time experience in the sanitation
field and to have completed training in basic sciences and/or public health
to the extent deemed necessary to the board.  Requires the educational
requirements set forth by the board to include the requirement that an
applicant have graduated from an accredited college or university with at
least a bachelor's degree that includes at least 30 semester hours in basic
or applied science.  Requires all persons employed in the field of
sanitation who meet all registration qualifications except those of
experience, upon approval by the board and after payment of a certain
registration fee in addition to passing a written examination prescribed by
the board, to be granted a certificate of Sanitarian in Training.  Provides
that this certificate remains in effect unless revoked by the board for a
period not to exceed two years, rather than one year, after date of issue.
Deletes the provision that the requirements not be at variance with the
definition for "sanitation" set forth by the Position Classification Act of
1961.  Makes conforming and nonsubstantive changes. 

 (e) Requires an applicant for a certificate of registration as a
professional sanitarian to pay an examination fee prescribed by the board
to take a license examination administered under this Act. 

SECTION 2. Amends Section 6,  Article 4477-3, V.T.C.S., to require every
professional sanitarian registered under the provisions of this Act who
desires to actively continue in the sanitation field to pay the board a
renewal fee, rather than annually pay a fee, that is prescribed, rather
than fixed, by the board and provide proof of completion of continuing
education contact hours established by the board.  Deletes text that the
fee or license renewal shall not be fixed in excess of $10.  Makes
conforming or nonsubstantive changes. 

SECTION 3. Amends Section 8(a), Article 4477-3, V.T.C.S., to require the
board to prescribe fees under this Act and to administer the continuing
education requirements of this Act, in addition to other duties.  Makes
nonsubstantive changes. 

SECTION 4. Amends Section 12, Article 4477-3, V.T.C.S., as follows:

Sec.  12.  New heading: REGISTRATION REQUIRED; OFFENSES.  (a) Prohibits a
person engaging or offering to engage in work in the field of sanitation in
this state to represent himself to be a sanitarian, or use any title
containing the word "sanitarian" unless registered in good standing with
the board, either as a registered professional sanitarian or a sanitarian
in training.  Deletes text prohibiting persons from engaging in or offering
to engage in work in the sanitation field holding themselves out as such a
sanitarian after a period of six months from the effective date of this Act
unless they are registered.  Makes conforming and nonsubstantive changes. 

(b) Provides that a person commits an offense if the person violates any
provisions of this section.  Makes conforming and nonsubstantive changes. 

(c) Provides that an offense under Subsection (b) of this section is a
Class C misdemeanor.  
Deletes the requirement that a person guilty of a misdemeanor under this
section be fined not less than $10 nor more than $200. 

SECTION 5. (a) Effective date: September 1, 1999.

(b) Provides that the change in law to the educational requirements for
registration as a professional sanitarian takes effect September 1, 2001. 

SECTION 6. Emergency clause.