1     
ENVIRONMENTAL HEALTH SCIENTIST ACT AMENDMENTS

2     
2018 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Allen M. Christensen

5     
House Sponsor: Stewart E. Barlow

6     

7     LONG TITLE
8     Committee Note:
9          The Natural Resources, Agriculture, and Environment Interim Committee
10     recommended this bill.
11     General Description:
12          This bill amends the Environmental Health Scientist Act.
13     Highlighted Provisions:
14          This bill:
15          ▸     defines terms;
16          ▸     clarifies the qualifications for licensure for an environmental health scientist and an
17     environmental health scientist-in-training;
18          ▸     extends the sunset date for the Environmental Health Scientist Act; and
19          ▸     makes technical changes.
20     Money Appropriated in this Bill:
21          None
22     Other Special Clauses:
23          None
24     Utah Code Sections Affected:
25     AMENDS:
26          58-20a-102, as last amended by Laws of Utah 1997, Chapter 10
27          58-20a-302, as last amended by Laws of Utah 2009, Chapter 183

28          63I-1-258, as last amended by Laws of Utah 2017, Chapters 177, 207, and 237
29     REPEALS:
30          58-20a-306, as enacted by Laws of Utah 1995, Chapter 95
31     

32     Be it enacted by the Legislature of the state of Utah:
33          Section 1. Section 58-20a-102 is amended to read:
34          58-20a-102. Definitions.
35          In addition to the definitions in Section 58-1-102, as used in this chapter:
36          (1) "Accredited program" means a degree-offering program from:
37          (a) an institution, college, or university that is accredited by the Department of
38     Education or the Council for Higher Education Accreditation; or
39          (b) a non-accredited institution, college, or university that offers education equivalent
40     to Department of Education-accredited programs, as determined by a third party selected by the
41     Board.
42          [(1)] (2) "Board" means the Environmental Health Scientist Board created in Section
43     58-20a-201.
44          [(2)] (3) "General supervision" means the supervising environmental health scientist is
45     available for immediate voice communication with the person he or she is supervising.
46          [(3)] (4) "Practice of environmental health science" means:
47          (a) the enforcement of, the issuance of permits required by, or the inspection for the
48     purpose of enforcing state and local public health laws in the following areas:
49          (i) air quality;
50          (ii) food quality;
51          (iii) solid, hazardous, and toxic substances disposal;
52          (iv) consumer product safety;
53          (v) housing;
54          (vi) noise control;
55          (vii) radiation protection;
56          (viii) water quality;
57          (ix) vector control;
58          (x) drinking water quality;

59          (xi) milk sanitation;
60          (xii) rabies control;
61          (xiii) public health nuisances;
62          (xiv) indoor clean air regulations;
63          (xv) institutional and residential sanitation; or
64          (xvi) recreational facilities sanitation; or
65          (b) representing oneself in any manner as, or using the titles "environmental health
66     scientist," "environmental health scientist-in-training," or "registered sanitarian."
67          [(4)] (5) "Unlawful conduct" is as defined in Section 58-1-501.
68          [(5)] (6) "Unprofessional conduct" is as defined in Sections 58-1-501 and 58-20a-501
69     and as may be further defined by division rule.
70          Section 2. Section 58-20a-302 is amended to read:
71          58-20a-302. Qualifications for licensure.
72          (1) Except as provided in Subsection (2), an applicant for licensure as an
73     environmental health scientist shall:
74          (a) submit an application in a form prescribed by the division;
75          (b) pay a fee determined by the department under Section 63J-1-504;
76          (c) be of good moral character;
77          (d) hold, at a minimum, a bachelor's degree from an accredited program in a university
78     or college, which degree includes completion of specific coursework as defined by rule;
79          (e) pass an examination as determined by division rule in collaboration with the board;
80     and
81          (f) pass the Utah Law and Rules Examination for Environmental Health Scientists
82     administered by the division.
83          [(2) An applicant for licensure who is currently actively engaged in the practice of
84     environmental health science in Utah on July 1, 1995, and has been practicing in Utah for at
85     least three consecutive months immediately prior to July 1, 1995, shall:]
86          [(a) submit an application in a form prescribed by the division;]
87          [(b) pay a fee determined by the department under Section 63J-1-504;]
88          [(c) be of good moral character;]
89          [(d) hold a bachelor's degree from an accredited program in a university or college,

90     which degree includes completion of specific coursework as defined by rule;]
91          [(e) pass the Utah Law and Rules Examination for Environmental Health Scientists
92     administered by the division; and]
93          [(f) submit an affidavit from the applicant's immediate supervisor in the applicant's
94     employment, attesting to the applicant's competence to practice environmental health science.]
95          [(3)] (2) An applicant for licensure as an environmental health scientist-in-training
96     shall:
97          (a) submit an application in a form prescribed by the division;
98          (b) pay a fee determined by the department under Section 63J-1-504;
99          (c) be of good moral character;
100          (d) hold, at a minimum, a bachelor's degree from an accredited program in a university
101     or college, which degree includes completion of specific coursework as defined by rule;
102          (e) pass the Utah Law and Rules Examination for Environmental Health Scientists
103     administered by the division; and
104          (f) present evidence acceptable to the division and the board that the applicant, when
105     licensed, will practice as an environmental health scientist-in-training only under the general
106     supervision of a supervising environmental health scientist licensed under this chapter.
107          Section 3. Section 63I-1-258 is amended to read:
108          63I-1-258. Repeal dates, Title 58.
109          (1) Title 58, Chapter 13, Health Care Providers Immunity from Liability Act, is
110     repealed July 1, 2026.
111          (2) Title 58, Chapter 15, Health Facility Administrator Act, is repealed July 1, 2025.
112          (3) Title 58, Chapter 20a, Environmental Health Scientist Act, is repealed July 1,
113     [2018] 2028.
114          (4) Section 58-37-4.3 is repealed July 1, 2021.
115          (5) Subsection 58-37-6(7)(f)(iii) is repealed July 1, 2022, and the Office of Legislative
116     Research and General Counsel is authorized to renumber the remaining subsections
117     accordingly.
118          (6) Title 58, Chapter 40, Recreational Therapy Practice Act, is repealed July 1, 2023.
119          (7) Title 58, Chapter 41, Speech-Language Pathology and Audiology Licensing Act, is
120     repealed July 1, 2019.

121          (8) Title 58, Chapter 42a, Occupational Therapy Practice Act, is repealed July 1, 2025.
122          (9) Title 58, Chapter 46a, Hearing Instrument Specialist Licensing Act, is repealed July
123     1, 2023.
124          (10) Title 58, Chapter 47b, Massage Therapy Practice Act, is repealed July 1, 2024.
125          (11) Title 58, Chapter 61, Part 7, Behavior Analyst Licensing Act, is repealed July 1,
126     2026.
127          (12) Title 58, Chapter 72, Acupuncture Licensing Act, is repealed July 1, 2027.
128          (13) Title 58, Chapter 86, State Certification of Commercial Interior Designers Act, is
129     repealed July 1, 2021.
130          (14) The following sections are repealed on July 1, 2019:
131          (a) Section 58-5a-502;
132          (b) Section 58-31b-502.5;
133          (c) Section 58-67-502.5;
134          (d) Section 58-68-502.5; and
135          (e) Section 58-69-502.5.
136          Section 4. Repealer.
137          This bill repeals:
138          Section 58-20a-306, Holders of license under predecessor law.






Legislative Review Note
Office of Legislative Research and General Counsel