902 KAR 10:030 - Registered environmental health specialists and sanitarians
RELATES TO: KRS Chapter 13B, 194A.050(1), 211.090, 223.010, 223.020, 223.030, 223.040, 223.050, 223.060, 223.070,223.080, 223.990
NECESSITY, FUNCTION, AND CONFORMITY: KRS 223.040, 223.050, 223.055 and 223.070 authorize the Cabinet for Health and Family Services to establish minimum standards and qualifications for registered environmental health specialists and sanitarians. This administrative regulation provides uniform standards for registered environmental health specialists and sanitarians, procedures for processing applications, continuing education requirements, inactive status registration, and establishes fees for examination and registration.
Section 1. Definitions.
(1) "Cabinet" is defined by
KRS
223.010(1).
(2) "Cabinet representative" means the
secretary's designee.
(3)
"Committee" means the registered environmental health specialists or sanitarian
examining committee established in accordance with
KRS
223.020.
(4) "Continuing education unit" or "CEU"
means the completion of ten (10) hours of educational courses approved by the
committee.
(5) "Secretary" is
defined by
KRS
223.010(3).
Section 2. Applications for
Registration.
(1) An applicant for
registration as a registered environmental health specialist or sanitarian
shall meet the qualifications listed in
KRS
223.030(1).
(2) Applications shall be submitted to the
committee for approval on the "Application for Registration", 05/2020,
incorporated by reference or available online at
https://chfs.ky.gov/agencies/dph/dphps/emb/Pages/sanitarians.aspx.
(3) An application fee of fifty (50) dollars
by money order, bank draft, or check made payable to the Kentucky State
Treasurer shall accompany each application.
(4) After the committee has approved an
application, and all the requirements provided by law are fulfilled, the
applicant can be scheduled to take the examination.
Section 3. Examinations.
(1) The committee shall:
(a) Conduct examinations at least four (4)
times a year; and
(b) Determine the
time and place for the examination.
(2) A score of at least seventy (70) percent
shall be a passing score for the examination.
(3) Applicants failing to achieve a passing
score may apply to retake the exam by submitting another application and
fee.
Section 4. Issuance
and Expiration of Certificates of Registration.
(1) Upon successful passing of the
examination as outlined in Section 3 of this administrative regulation, the
committee shall certify the passing score to the secretary.
(2) The applicant shall be issued a
registration card certifying that he or she holds a certificate of
registration.
(3) Pursuant to
KRS
223.040, an individual who receives an
initial certificate of registration shall be under the direct supervision of a
qualified registered environmental health specialist or sanitarian until the
individual successfully completes an initial public health training program
provided by the cabinet. This training shall be offered at least two (2) times
per year at no cost to the trainee.
(4) The committee shall assign serial numbers
to each certificate of registration.
(5) All registration certificates issued
under the provisions of this administrative regulation shall expire on June 30
following the date of issue, unless renewed by payment of a twenty (20) dollar
registration fee.
(6) The
certification renewal fee shall be paid by money order, bank draft, or check
made payable to the Kentucky State Treasurer, or online at the Registered
Sanitarian ePayment Web site at
https://prd.webapps.chfs.ky.gov/KYRegSan_ePay.
(7) A late renewal fee of twenty (20) dollars
will be assessed for all payments not received by July 1.
Section 5. Renewals and CEUs.
(1) All registered environmental health
specialists and sanitarians shall receive a written notice of certification
renewal at least thirty (30) days prior to the expiration date of their
certificate.
(2) Before the renewal
of registration can be issued, the registrant shall submit evidence of having
completed the required CEUs.
(3) In
addition to the public health training required by Section 4(3) of this
administrative regulation, individuals achieving initial registered
environmental health specialist or sanitarian status in any given fiscal year
shall be required to submit evidence of having completed CEUs based on the
quarter of the fiscal year in which certification was attained:
(a) July 1 to September 30 - ten (10) CEUs
required;
(b) October 1 to December
31 - seven (7) CEUs required;
(c)
January 1 to March 31 - five (5) CEUs required; or
(d) April 1 to June 30 - no CEUs
required.
(4) An
application for CEU approval by the committee shall include the following:
(a) An outline or summary of the course
content;
(b) Identity of the
instructor or sponsor of the course; and
(c) A letter or certificate of completion
from the instructor or sponsor certifying the applicant satisfactorily
completed the course; or
(d) Proof
of attendance in the form of a copy of the course sign-in sheet or attendee
roster.
(5) In service
educational conferences, courses, and seminars sponsored by professional and
industrial organizations, or governmental agencies which registrants attend, or
where they present, may qualify for CEUs.
(6) CEUs shall not be awarded for classes
taught by the registrant or for mandatory employee trainings provided by the
registrant's employer that are not related to the fields of environmental or
public health, or specifically related to the duties, roles, and
responsibilities of a registered environmental health specialist or sanitarian
as determined by the committee.
Section 6. Extension for submitting CEUs.
(1) A registrant may submit a written request
to the committee for an extension to acquire CEUs until September 30. This
written request shall:
(a) Be received by the
committee on or before June 30; and
(b) Provide justification for the
request.
(2) The
committee may grant an extension beyond the September 30 deadline based on
extenuating circumstances beyond the control of the registrant.
(3) Registrants shall be notified in writing
by the cabinet representative of the committee's decision to grant or deny the
September 30 extension.
(4) Failure
to submit evidence of completion of the CEUs required in Section 5(3) of this
administrative regulation by the September 30 extension deadline shall result
in suspension of the certificate of registration in accordance with Section 8
of this administrative regulation.
Section 7. Inactivation of Certificates of
Registration.
(1) Persons requesting to have
their certificates of registration placed in inactive status shall submit a
written request to the committee on or before June 30.
(2) A registered environmental health
specialist or sanitarian granted inactive status by the committee shall be
notified in writing.
(3) A
registered environmental health specialist or sanitarian on inactive status
shall be exempt from the CEU requirements specified in Section 5 of this
administrative regulation but shall not be exempt from the twenty (20) dollar
renewal fee required under Section 4(5) of this administrative
regulation.
Section 8.
Suspension and Revocation of Certificates of Registration.
(1) Certificates of registration shall be
suspended by the committee on July 1 for:
(a)
Failure to remit payment for renewal by June 30 in accordance with Section 4 of
this administrative regulation;
(b)
Failure to submit evidence of completion of CEUs by June 30 in accordance with
Section 5 of this administrative regulation; or
(c) Failure to request an extension for CEUs
by June 30.
(2)
Certificates of registration shall be suspended the next business day following
the receipt of the request for an extension in accordance with Section 6 of
this administrative registration.
(3) Persons whose certificates of
registration have been suspended shall be sent a notice of suspension by the
committee.
(4) If employed by the
cabinet, a local health department, or a district health department, a copy of
the notice of suspension shall be provided to the employer.
(5) A registered environmental health
specialist or sanitarian with a suspended certificate of registration shall
receive a written notice to appear before the committee at the next regularly
scheduled committee meeting to provide justification for:
(a) Failing to remit payment by June 30;
or
(b) Failing to submit evidence
of completed CEUs by June 30 or by the extension granted by the committee in
accordance with Section 6 of this administrative regulation.
(6) Failure to appear before the
committee at the next regularly scheduled meeting shall be grounds for the
committee to recommend revocation of a certificate of registration to the
secretary.
(7) A registered
environmental health specialist or sanitarian suspended for failure to remit
payment in accordance with Section 4, or CEUs in accordance with Section 5, by
June 30, may, at any time before the next regularly scheduled committee
meeting, submit payment or evidence of completed CEUs and be returned to active
status without having to appear before the committee.
(8) In any action involving the revocation of
a certificate of registration, the committee shall refer the matter to the
secretary.
(a) Prior to revocation, the
committee shall send a notice of revocation to the last known address available
to the committee.
(b) The notice of
revocation shall include the option for the certificate holder to submit a
request for an administrative hearing within ten (10) days of the notice to
show cause as to why their certificate should not be revoked.
(9) All administrative hearings
shall be conducted in accordance with KRS Chapter 13B
(10) Persons who have their certificate of
registration revoked solely for failure to remit renewal payment or submit
required CEUs may reapply for registration by submitting an application and fee
in accordance with Section 3 of this administrative regulation and by
successfully completing the examination.
(11) Upon revocation of a registered
environmental health specialist or sanitarian certification by the secretary
for causes established in
KRS
223.070, the person shall:
(a) Not be eligible to serve as a registered
environmental health specialist or sanitarian in the Commonwealth;
and
(b) Cease and desist
practice.
(12) If
employed by the cabinet, a local health department, or a district health
department, a copy of the notice of revocation shall be provided to the
employer.
Section 9.
Expenditure of Funds. Expenditures for examinations, clerical expenses,
training and reference materials, including approved home study courses, and
for affiliation with any national sanitarian registration organization, may be
made out of the trust and agency fund created by
KRS
223.050.
Section 10. Material Incorporated by
Reference.
(1) "Application for Registration",
05/2020, is incorporated by reference.
(2) This material may be inspected, copied,
or obtained, subject to applicable copyright law, at the Department for Public
Health, 275 East Main Street, Frankfort, Kentucky 40621, Monday through Friday,
8:00 a.m. to 4:30 p.m.
Notes
STATUTORY AUTHORITY: KRS 223.040, 223.050, 223.055, 223.070
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