By Capelo H.B. No. 2667
Line and page numbers may not match official copy.
Bill not drafted by TLC or Senate E&E.
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to recognition of the professional designation of an
1-3 industrial hygienist; providing a civil penalty.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. SHORT TITLE
1-6 This Act may be cited as the "Industrial Hygiene Title Recognition
1-7 Act."
1-8 SECTION 2. PURPOSE
1-9 The purpose of the Industrial Hygiene Title Recognition Act
1-10 is to safeguard the public health, safety and welfare and provide
1-11 legal recognition to the profession of industrial hygiene, as well
1-12 as provide assurance to the public that individuals representing
1-13 themselves as health practitioners involved in the profession of
1-14 industrial hygiene have met minimum qualifications.
1-15 SECTION 3. DEFINITIONS.
1-16 As used in this Act:
1-17 (1) "Accredited College or University" means a college
1-18 or university that is accredited by one of the following six
1-19 regional accrediting agencies: Middle States Association of
1-20 Colleges and Schools, New England Association of Schools and
1-21 Colleges, North Central Association of Colleges and Schools,
2-1 Northwest Association of Schools and Colleges, Southern Association
2-2 of College and Schools, or Western Association of Schools and
2-3 Colleges. A college or university that is located outside of the
2-4 United States will be considered on the basis of its accreditation
2-5 status in the education system that has jurisdiction.
2-6 (2) "American Board of Industrial Hygiene" means a
2-7 non-profit corporation established to improve the practice and
2-8 education standards of the profession of industrial hygiene by
2-9 certifying individuals who meet its education, experience and
2-10 examination requirements.
2-11 (3) "Certified industrial hygienist (CIH)" means a
2-12 person who has received the designation certified industrial
2-13 hygienist by the American Board of Industrial Hygiene and whose
2-14 certification has not lapsed or been revoked.
2-15 (4) "Education" means:
2-16 (A) a baccalaureate or graduate degree from an
2-17 accredited college or university in industrial hygiene, biology,
2-18 chemistry, engineering, physics or a closely related physical or
2-19 biological science; or
2-20 (B) a baccalaureate or graduate degree from an
2-21 accredited college or university that contains at least 60 semester
2-22 credit hours in undergraduate or graduate level courses in science,
2-23 mathematics, engineering and/or technology, with at least 15 of
2-24 those hours at the upper (junior, senior or graduate) level. A
2-25 degree that is heavily comprised of only one of those subject
3-1 areas, in the absence of others, may be judged unacceptable. An
3-2 unacceptable bachelor's degree may be remedied by additional
3-3 science coursework from an accredited college or university or by
3-4 completion of a cognate (related) graduate degree from an
3-5 accredited college or university.
3-6 (5) "Experience" means the individual has demonstrated
3-7 professional level work experience including the ability to:
3-8 (A) anticipate and recognize workplace
3-9 environmental factors and stresses (i.e. chemical, physical,
3-10 biological, ergonomic) and to understand their effects on people
3-11 and their well-being;
3-12 (B) to evaluate, through observation, sampling
3-13 and testing, the magnitude of these factors and stresses; and
3-14 (C) to prescribe methods (i.e. engineering,
3-15 administrative, personal protective equipment, training) to
3-16 prevent, eliminate, control or reduce such factors and stresses and
3-17 their effects.
3-18 (6) "Industrial hygiene" means the science and
3-19 practice devoted to the anticipation, recognition, evaluation, and
3-20 control of those environmental factors and stresses arising in or
3-21 from the workplace that may cause sickness, impaired health and
3-22 well-being, or significant discomfort among workers and may also
3-23 impact the general community.
3-24 (7) "Industrial hygiene certification organization"
3-25 means a nonprofit corporation established to improve the practice
4-1 and educational standards of the profession of industrial hygiene
4-2 by certifying individuals who meet its education, experience and
4-3 examination requirements. The organization shall maintain criteria
4-4 at least equivalent to that of the American Board of Industrial
4-5 Hygiene.
4-6 (8) "Industrial Hygienist" means a person having a
4-7 baccalaureate or graduate degree from an accredited college or
4-8 university in industrial hygiene, biology, chemistry, engineering,
4-9 physics or a closely related physical or biological science who, by
4-10 virtue of special studies and training, has acquired competence in
4-11 industrial hygiene. Such special studies and training must have
4-12 been sufficient in the above cognate sciences to provide the
4-13 ability and competency to:
4-14 (A) anticipate and recognize the environmental
4-15 factors and stresses associated with work and work operations and
4-16 to understand their effects on people and their well-being;
4-17 (B) to evaluate, on the basis of training and
4-18 experience and with the aid of quantitative measurement techniques,
4-19 the magnitude of these factors and stresses in terms of their
4-20 ability to impact human health and well-being;
4-21 (C) to prescribe methods to prevent, eliminate,
4-22 control, or reduce such factors and stresses and their effects.
4-23 (9) "Industrial hygienist in training (IHIT)" is a
4-24 person who has received the designation "industrial hygienist in
4-25 training" by the American Board of Industrial Hygiene and whose
5-1 certification has not lapsed or been revoked.
5-2 SECTION 4. PROFESSIONAL RECOGNITION
5-3 Individuals shall meet the requirements/qualifications of
5-4 industrial hygienist, industrial hygienist in training, or
5-5 certified industrial hygienist as set out in this act before such
5-6 individuals may use the title or represent themselves to the public
5-7 as an industrial hygienist, industrial hygienist in training,
5-8 certified industrial hygienist, or any other term involving the
5-9 words "industrial hygiene" or variation of such words.
5-10 SECTION 5. ENFORCEMENT.
5-11 A person who violates the provisions of this Act is subject to a
5-12 civil penalty of not more than one thousand ($1,000) dollars.
5-13 SECTION 6. EFFECT ON OTHER REGULATION
5-14 No entity of state or local government shall by rule or otherwise
5-15 prohibit or restrict the practice of industrial hygiene by any
5-16 qualified individual who complies with the provisions established
5-17 by or pursuant to this Act, except where authorized by state
5-18 statute to regulate a specific activity that may include the
5-19 practice of industrial hygiene.
5-20 SECTION 7. EXEMPTIONS.
5-21 This Act does not apply to:
5-22 (1) A person employed as an apprentice under the
5-23 supervision of an industrial hygienist, industrial hygienist in
5-24 training or certified industrial hygienist;
5-25 (2) A student studying industrial hygiene engaging in
6-1 supervised activities related to industrial hygiene;
6-2 (3) Any person legally regulated in this state under
6-3 any licensing act or regulation from engaging in the activities
6-4 permitted under his or her license, provided he or she does not
6-5 represent himself or herself to the public as an industrial
6-6 hygienist, industrial hygienist in training or certified industrial
6-7 hygienist; or
6-8 (4) Individuals practicing within the scope of the
6-9 meaning of industrial hygiene, so long as the individual does not
6-10 use the title, initials, or represent themselves to the public as
6-11 an industrial hygienist, industrial hygienist in training or
6-12 certified industrial hygienist.
6-13 SECTION 8. This Act takes effect September 1, 1999.
6-14 SECTION 9. The importance of this legislation and the
6-15 crowded condition of the calendars in both houses create an
6-16 emergency and an imperative public necessity that the
6-17 constitutional rule requiring bills to be read on three several
6-18 days in each house be suspended, and this rule is hereby suspended.