Cal. Code Regs. Tit. 17, § 1079 - Professional Personnel to Be Certified

(a) No person may act as a Public Health Microbiologist in any laboratory certified under Section 1076 who is not in possession of a Public Health Microbiologist's Certificate issued by the Department.

(b) The Department may issue temporary certificates to applicants who meet the requirements for admission to the next scheduled examination when this is deemed to be reasonably necessary for the provision of public health laboratory services. Temporary certificates may not be issued to applicants who have failed to pass certification examinations.

(c) Examinations, either written or oral, or both, for the certificate of Public Health Microbiologist shall be held as needed and where designated by the Department. Such examinations shall be under the supervision of the Department.

(d) The minimum requirements for admission to the examinations for a certificate as Public Health Microbiologist shall be as follows:

(1) Holds an earned doctoral degree from an accredited institution with a chemical, physical or biological science as a major, and has completed at least one year of postdoctoral laboratory training in medical and public health microbiology approved by the Department; or

(2) A baccalaureate or higher degree with a major in Medical or Public Health Microbiology, or equivalent major as determined by the Department, with courses acceptable to the Department, from a college or university accredited by the Western Association of Schools and Colleges or an essentially equivalent accrediting agency, as determined by the Department; and experience represented by at least six months as a Public Health Microbiologist-trainee in a public health laboratory approved by the Department for such training; or experience equivalent to this training as determined by the Department in a laboratory acceptable to the Department.

(e) No person shall perform any test or make any examination in any laboratory certified under Section 1076 unless he is in possession of a valid Public Health Microbiologist's certificate or is otherwise approved by the Department to perform specified laboratory procedures.

(f) Every person certified as a Public Health Microbiologist shall report to the Department within 30 days any change of name or mailing address giving both the old and new names and addresses.

(g) Certificates may be denied, revoked or suspended for any of the following reasons:

(1) Conviction of a felony or of any misdemeanor involving moral turpitude, under laws of any State or of the United States, arising out of or in connection with public health laboratory practice. The record of conviction or a certified copy thereof shall be conclusive evidence of such conviction.

(2) Violation of any provision of the Business and Professions Code governing the practice of medicine and surgery.

(3) Violation of these regulations.

(4) Knowingly making a false statement concerning a material matter on an application for certification, or on an application for approval as a trainee.

(5) The use of any degree, certificate or title in any manner, which has been purchased or procured by barter or any unlawful means or obtained from any institution which at the time said degree, certificate or title was obtained was not recognized or accredited by the proper authorities of the state where said institution was located to give training in the field of study in which the degree, certificate or title is claimed.

(6) The use of drugs or alcoholic beverages to the extent, or in such a manner, that such use impairs the ability of the certified person to practice his profession with safety to other persons in the laboratory or to the public.

(h) Proceedings under paragraph (g) above shall be conducted in accordance with Chapter 5, Part 1, Division 3 of Title 2 of the Government Code.

Notes

Cal. Code Regs. Tit. 17, § 1079

1. Amendment of subsection (d) filed 12-12-78; effective thirtieth day thereafter (Register 78, No. 50). For prior history, see Register 77, No. 4.
2. Amendment of subsection (d)(2) filed 10-24-80; effective thirtieth day thereafter (Register 80, No. 43).
3. Governor Newsom issued Executive Order N-25-20 (2019 CA EO 25-20), dated March 12, 2020, which suspended certain certification and licensure requirements of this section, due to the COVID-19 pandemic.

Note: Authority cited: Section 1224, Business and Professions Code; Section 208, Health and Safety Code. Reference: Section 1270, Business and Professions Code; Section 1002, Health and Safety Code.

1. Amendment of subsection (d) filed 12-12-78; effective thirtieth day thereafter (Register 78, No. 50). For prior history, see Register 77, No. 4.
2. Amendment of subsection (d)(2) filed 10-24-80; effective thirtieth day thereafter (Register 80, No. 43).