AB 175 — Revises provisions governing environmental health specialists. (BDR 54-669)
Last action — Chapter 344.
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✓Introduced
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✓In Committee
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✓Passed Assembly
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✓Passed Senate
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced February 18, 2019. Enacted.
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Summary
AN ACT relating to environmental health specialists; exempting certain persons from the applicability of provisions governing the practice of environmental health; revising provisions relating to the duties and powers of the board which governs environmental health specialists; revising provisions governing the requirements for application for and registration of environmental health specialists and environmental health specialist trainees; authorizing the issuance of temporary registrations to engage in the practice of environmental health to certain persons; revising the definition of the practice of environmental health; revising provisions governing continuing education; revising provisions governing complaints, grounds thereof and disciplinary action against applicants for and holders of registration to engage in the practice of environmental health; repealing certain provisions which set forth certain duties of the board which governs environmental health specialists; providing civil penalties; and providing other matters properly relating thereto.
Bill Text
What changed in the latest version
801 added · 857 removedPlain-language change summary
The changes in Assembly Bill No. 175 focus on the regulations that govern environmental health specialists. The bill now includes provisions for provisional registrations for trainees, updates the requirements for applications and temporary registrations, and clarifies the roles of the governing board. These adjustments aim to make it easier for individuals to enter the field while also ensuring that ongoing education and disciplinary actions are clearly defined, which can enhance public health protections in the community.
REQUIRESAssembly TWO-THIRDSBill MAJORITYNo. VOTE (§§ 10, 30) (Reprinted with amendments adopted on April 19, 2019) FIRST REPRINT A.B.
175175–Assemblywoman ASSEMBLYPeters BCHAPTER.......... ILLN O.
175–A SSEMBLYWOMAN PETERS FEBRUARY 18, 2019 ____________ Referred to Committee on Commerce and Labor SUMMARY—Revises provisions governing environmental health specialists.
(BDR 54-669) FISCAL NOTE:
Effect on Local Government:
No.
Effect on the State:
Yes.
~ EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
Existing law sets forth the requirements for eligibility to engage in the practice 625A.115) Sections 3, 16 and 27 of this bill provide for the provisional registration of environmental health specialist trainees and revise the requirements for application for such provisional registration to engage in the practice of environmental health as an environmental health specialist trainee.
-(NRSe *AB175_R1*practice –625A.115) 2Sections –3, to16 engageand in27 of this bill provide for the practiceprovisional registration of environmental health tospecialist certaintrainees personsand whorevise holdthe aionsrequirements validfor andapplication unrestrictedfor registration,such certificationprovisional orregistration license to engage in the practice of environmental health inas anotheran stateenvironmental andhealth whospecialist meettrainee. all the qualifications for registration in this State.
Sections 4 and 10 of this bill authorize the issuance of temporary registrations valid and unrestricted registration, certification or license to engage in the practice of environmental health in another state and who meet all the qualifications for registration in this State.
(1) revisewith certain exceptions, the definitionprovisions of thechapter practice625A of NRS governingrovide that, registered environmental health;health specialists do not apply to certain persons in certain employment or performing certain practices.
andExisting (2)law providecreates that, with certain exceptions, the provisionsBoard of chapterRegistered 625AEnvironmental ofHealth NRSSpecialists. governing employment or performing certain practices.
do(NRS not625A.030) applySections to14 certainand persons18 inof certainthis Existingbill lawrename createsthe Board as the Board of Registeredprocess Environmentalby Healthwhich Specialists.the members are selected and its officers elected.
(NRSSections 625A.030)6, Sections7, 149, and 1819-22 of this billbill: rename the Board as the Board of Environmental Health Specialists and revise the qualifications of members and the process by which the members are selected and its officers elected.
Sections 6, 7, 9, 12 and 19-22 of this bill:
(4) authorize members or (5)- revise80th provisionsSession governing(2019) meetings– 2 – agents of the Board;Board to inspect premises where environmental health is practiced;
(6)(5) revise provisionsced;provisions governing meetings of the Board;
(6) revise provisions governing the salaries and compensation of members and employees of the Board;
and (7)civil establishpenalties certaincollected requirementsby forthe andBoard.and limitations on the use of certain fees andSection civil8 penaltiesof collectedthis bill establishes certain requirements which must be satisfied by an applicant for a registration to engage in the Board.practice of environmental health.
Section 8 of this bill establishes certain requirements which must be satisfied by an applicant for a registration to engage in the practice of environmental health.
Existing law sets forth the requirements, including a complete set of fingerprints, for an applicant for a registration as an environmental health specialist or environmental health specialist trainee.
Existing law requires an applicant for a registration as an environmental health specialist to have passed an examination certified by the National Environmental Healthrevise Association.these provisions to exempt certain applicants from the requirement of passing the examination and eliminate certain provisions governing the administration of the examination and management of its results.
(NRSSection 625A.110, 625A.120) Sections 26 and 28 of this bill revise these provisions to exempt certain applicants from the requirement of passing the examination and eliminate certain provisions governing the admSection 30 of this bill revises provisions governing the fees which may be charged and collected by the Board.
Existing law provides that a person who engages in the practice of misdemeanor.environmental health in this State without registration by the Board is guilty of a and serve on the person an order to cease and desist, assess against the person an administrative fine of not more than $5,000, or impose both penalties.
(NRS 625A.900) Section 36 of this bill authorizes the Board to issue a and serve on the person an order to cease and desist, assess against the person an administrative fine of not more than $5,000, or impose both penalties.
(2) - *AB175_R1* – 3 – require the Board to file certain written reports with the Governor;
(3) require the Board to keep a record of its proceedings and provide for an annual audit of its holdersfiscal ofrecords; registrations;
(4) require the Board to maintain a register of applicants for and holders of registrations;
THEEXPLANATION PEOPLE– OFMatter THEin STATEbolded OFitalics NEVADA,is REPRESENTEDnew; IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Sectionmatter 1.between brackets [omitted material] is material to be omitted.
- 80th Session (2019) – 3 – THE SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:D IN Section 1.
As used in this subsection, “local air pollution control board” means a board that establishes a program for the control of air pollution pursuant to NRS 445B.500.
Performs clean up and disposal of hazardous waste and substances as a consultant certified by the State Department of Conservation and Natural Resources pursuant to the provisions of NRS 459.400 to 459.600, inclusive, and the regulations adopted pursuant thereto, unless the clean up and disposal of hazardous - *AB175_R1* – 4 – waste and substances is performed directly by and for a public health agency.
- 80th Session (2019) – 4 – (b) Zoonotic disease ecology or vector-borne disease ecology, or both, when the practice in that field is performed as a specialty;
(c) Mining when performed by an employee or contractor of a mining company which is engaged in mining operations in this State;Sta(d) Building inspections when performed by a person whose primary purpose is to determine compliance with building and safety codes;
(d) Building inspections when performed by a person whose primary purpose is to determine compliance with building and safety codes;
Evaluate the qualifications and determine the eligibility of an applicant for any registration issued pursuant to this chapter and, upon payment of the appropriate fee, issue the appropriateappropriateer registration to a qualified applicant;
Show all 133 changed lines (93 more)
- *AB175_R1* – 5 – 7.
- 80th Session (2019) – 5 – 8.
Unless the Board determines that extenuating circumstances exist, forward to the appropriate law enforcement agency any substantiated information submitted to the Board concerning a person who engages in the practice of or offers to engage in the practice of environmental health without the appropriate registration issued pursuant to the provisions of this chapter.
2.renewal of a registration and the reinstatement of an expirede registration, which may include requirements for continuing education.
The Board may adopt regulations providing for the late renewal of a registration and the reinstatement of an expired registration, which may include requirements for continuing education.
The Board may issue a temporary registration to engage in the practice of environmental health upon application and the payment of the fee required pursuant to NRS 625A.130 to any person who holds a valid and unrestricted registration, certification or license to engage in the practice of environmental health in the District of Columbia or any state or territory of the - *AB175_R1*80th Session (2019) – 6 – United States and who meets all the qualifications for registration in this State.
and (b)health Mayspecialist beissued convertedpursuant to aNRS registration625A.110 asupon:mental an(1) environmentalPayment healthof specialistthe issuedregistration pursuantfee toset NRSforth 625A.110in upon:NRS 625A.130;
(1) Payment of the registration fee set forth in NRS 625A.130;
Any member or agent of the Board may enter any premises in this State where a person who holds a registration issued pursuant to the provisions of this chapter practices environmental health and inspect it to determine whether a violation of any provision of this chapter has occurred, including, without limitation, an inspection to determine whether any personpersong, at the premises is practicing environmental health without the appropriate registration issued pursuant to the provisions of this chapter.
“Environmental health specialist” means a person who is engaged in the practice of environmental health and who- holds80th aSession [certificate(2019) of] registration as an environmental health - *AB175_R1* – 7 – specialist issued by the Board pursuant to [this chapter.]chapter.]tal health NRS 625A.110.
625A.028 [1.] “Practice of environmental health” means the use of public health principles in the application of the sanitary sciences [, the biological sciences or the physical sciences] to [investigate,] prevent [or reduce environmentally acquired disease or] human injury and illness [.
(c) Cleaning up and disposing of hazardous waste and substances performed by a person who is certified by the State Department of Conservation and Natural Resources pursuant to NRS 459.400 to 459.600, inclusive, and the regulations adopted pursuant thereto, unless the clean up and disposal of the hazardous waste and substances is performed directly by and for a public health agency;
- 80th Session (2019) – 8 – (f) Building inspections performed by a person whose primary purpose is to determine compliance with building and safety codes;
or - *AB175_R1* – 8 – (g) Epidemiological investigations performed by a person whose primary profession or employment is as an epidemiologist or disease investigator.] by:
or employment is as an epidemiologist or disease 1.
(b)(b)(1) TwoEach membersof mustwhom: be environmental health specialists [,] :
(1)be Eachenvironmental ofhealth whom:specialists [,] :
- 80th Session (2019) – 9 – 6.
The Board shall elect from its members who are [not employees of the State] appointed by the Governor a Chair and [a Secretary.
The Chair must be elected biennially on or before July 1 - *AB175_R1* – 9 – of each even-numbered year.
Three members] 2.transact all business .
A majority of the Board [constitute] constitutes a quorum to transact all business .
- 80th Session (2019) – 10 – (a) A salary of not more than $150 per day, as fixed by the Board, while engaged in the business of the Board;
The rate generally.xceed the rate provided for state officers and employees [3.] 2.
While engaged in the business of the Board, each employee of the Board is entitled to receive a per diem allowance and travel expenses at a rate fixed by the Board.
[3.] 2.
While engaged in the business of the Board, each employee of the Board is entitled to receive a per diem allowance - *AB175_R1* – 10 – and travel expenses at a rate fixed by the Board.
The rate must not exceed the rate provided for state officers and employees generally.
625A.060chapter 1.must be paid to the Board to be used to defray the of this necessary expenses of the Board.
All fees collected under the provisions of this chapter must be paid to the Board to be used to defray the necessary expenses of the Board.
- 80th Session (2019) – 11 – 3.
If a hearing officer or panel is not authorized to take disciplinary action pursuant to the provisions of subsection 2 and the Board deposits the money collected from the imposition of civil penalties with the State Treasurer for credit to the State General Fund, it may present a claim to the State Board of Examiners for recommendation to the Interim Finance Committee if money isiss for needed to pay attorney’s fees or the costs of an investigation, or both.
- *AB175_R1* – 11 – Sec.
If not otherwise required by a public employer which employs the applicant, a complete set of fingerprints and written permission authorizing the Board to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report;
(b) Submit to the Board annually [, through its Secretary,] the statement prescribed by the Division of Welfare and Supportive Services- of80th theSession Department(2019) of– Health12 and– Human Services pursuant to NRS 425.520.
The statement must be completed and signed bybyant the applicant.
- *AB175_R1* – 12 – 3.
or (b) Indicates on the statement submitted pursuant to subsection that the applicant is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the4.epaIf an applicant indicates on the statement submitted pursuant to subsection 1 that the applicant is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order.order, the Board shall advise the applicant to contact the district attorney or other public agency enforcing the order to determine the actions that the applicant may take to satisfy the arrearage.
4.
If an applicant indicates on the statement submitted pursuant to subsection 1 that the applicant is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order, the Board shall advise the applicant to contact the district attorney or other public agency enforcing the order to determine the actions that the applicant may take to satisfy the arrearage.
(2) Have satisfactorily completed at least 45 quarter hours or 30 semester hours of academic work in basic science courses, hours or including biology, chemistry, physics, geology, sanitary engineering or environmental engineering;
(b) Must possess a baccalaureate or higher degree in environmental health or environmental health science from an - 80th Session (2019) – 13 – institution of higher education approved by the Board and have passed the [written] examination pursuant to NRS 625A.120;
(c) Must possess a master’s degree in public health from an institution of higher education approved by the Board and have pas(d) Must possess training or experience obtained during service in the military forces of this State or the United States which the Board determines is equivalent to at least 2 years of experience in the practice of environmental health and have passed the [written] examination pursuant to NRS 625A.120;625A.120.
or2. (d) Must possess training or experience obtained during service in the military forces of this State or the United States which the Board determines is equivalent to at least 2 years of experience in the practice of environmental health and have passed the [written] examination pursuant to NRS 625A.120.
- *AB175_R1* – 13 – 2.
To be eligible to be issued a certificate of registration pursuant to this subsection, a person must apply to the Board for a certificate of registration not later than July 1, 2007.] Has passed an examination for registration, certification or licensure to practice environmental health in the District of Columbia or any state or territory of the United States whose examination for thatthattate or registration, certification or licensure is determined by the Board to be substantially similar to the examination described in NRS 625A.120.
or (b) [An] Holds a valid and unrestricted registration, certification or license as an environmental health specialist, environmental health scientist or registered sanitarian in [another jurisdiction recognized by the Board as having] the District of - 80th Session (2019) – 14 – Columbia or any state or territory of the United States whose requirements for that registration [which] , certification or licensure are substantially similar to the requirements for the issuance of a [certificate of] registration as an environmental health specialist in thisthiSec. State.
Sec.
[A person is eligible to engage in the practice of environmental health as an environmental health specialist trainee if the person possesses a baccalaureate or higher degree which includes the satisfactory completion of at least 45 quarter hours, or 30 semester hours, of academic work in basic science courses, including biology, chemistry, physics, geology, sanitary engineering - *AB175_R1* – 14 – or environmental engineering, from an institution of higher education approved by the Board.
2.pursuant to NRS 625A.130, the Board may issue a provisional registration as an environmental health specialist trainee to a person who:
Upon application and payment of the fees required pursuant to NRS 625A.130, the Board may issue a provisional registration as an environmental health specialist trainee to a person who:
A provisional registration of a person as an environmental health specialist trainee expires [3 years] 1 year after the date on - 80th Session (2019) – 15 – which the [person initially becomes employed as a part of the training program in which the person engages in the practice of environmental health as an environmental health specialist trainee.] registration was issued.
A provisional registration may be renewed notnot4.oreIf more[, upon completion of the 3-year period,] the person has met all requirements to be issued a [certificate of] registration as an environmental health specialist other than twice.passing the examination required pursuant to NRS 625A.120, the Board may, upon a showing of good cause, grant the person a 1-year extension of the person’s [certificate of] provisional registration as an environmental health specialist trainee before the person must pass the examination.
4.A request for such an extension must be submitted by the person in writing and received by the Board at least 60 days before the date on which the person’s [certificate of] provisional registration as an environmental health specialist trainee expires.
If [, upon completion of the 3-year period,] the person has met all requirements to be issued a [certificate of] registration as an environmental health specialist other than passing the examination required pursuant to NRS 625A.120, the Board may, upon a showing of good cause, grant the person a 1-year extension of the person’s [certificate of] provisional registration as an environmental health specialist trainee before the person must pass the examination.
A request for such an extension must be submitted by the person in writing and received by the Board at least 60 days - *AB175_R1* – 15 – before the date on which the person’s [certificate of] provisional registration as an environmental health specialist trainee expires.
625A.120 [1.] Except for an applicant who may be issued a [certificate of] registration as an environmental health specialist without an examination pursuant to NRS 625A.110, an applicant who applies for a [certificate of] registration as an environmental health specialist and who is otherwise qualified for the issuance of the [certificate] registration must [appear personally and] pass the [written] national examination [certified] for credentialing as a registered environmental health specialist offered by the National Environmental Health Association .
If an applicant fails the examination, the applicant may be reexamined upon resubmission of an application accompanied by the required fee.] - 80th Session (2019) – 16 – Sec.
Upon denial of an application for a [certificate of] registration, the Board shall give the person written notice of its decision mailed to the person at his or her last known address by certifiedcer(a) mail,State returnthe receiptreason requested.for the denial;
Theandhe notice must:
(a)(b) StateInform the reasonperson forthat he or she has the denial;right to a hearing before the Board.
and (b) Inform the person that he or she has the right to a hearing before the Board.
Each applicant for a certificate of registration as an environmental health specialist or environmental health - *AB175_R1* – 16 – specialist trainee must pay a fee set by the Board not to exceed $250.
The annual fee for the certificate of registration must be collected for the year in which the person is initially issued the certificate of registration and for each year thereafter in which the person holds the certificate of registration.
- 80th Session (2019) – 17 – Initial application fee ......................................................$250 Registration fee..................................................................150 Temporary registration fee..................................................75 Fee for the renewal of a registration................................150 Fee for the late renewal of a registration .........................100 Fee for the reinstatement of an expired registration........250registration........250.....100 2.
- *AB175_R1* – 17 – Sec.
An environmental health specialist who submits evidence satisfactory to the Board that he or she has retired and is no longer engaged in the practice of environmental health is exempt from thetheger requirements for continuing education established pursuant to this section.
- 80th Session (2019) – 18 – Sec.
If the Board receives a copy of a court order issued pursuant to NRS 425.540 that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who is the holder of a [certificate of] registration as an environmental health specialist or environmentalenvironmentalof] health specialist trainee, the Board shall deem the [certificate of] registration issued to that person to be suspended at the end of the 30th day after the date on which the court order was issued unless the Board receives a letter issued to the holder of the [certificate of] registration by the district attorney or other public agency pursuant to NRS 425.550 stating that the holder of the [certificate of] registration has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.
The Board shall reinstate a [certificate of] registration as an environmental health specialist or environmental health specialist trainee that has been suspended by a district court pursuant to NRS 425.540 if the Board receives a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person whose [certificate of] registration was suspended stating that the - *AB175_R1* – 18 – person whose [certificate of] registration was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.
Willfully making a false or fraudulent statement or submittingof] aregistration;ed forged or false document in applying for a [certificate of]2. registration;
2.
- 80th Session (2019) – 19 – (a) Place the environmental health specialist or environmental health specialist trainee on probation for a specified period or until further order of the Board;
[or] (c)(d) SuspendRefuse orto revokerenew his or her [certificateregistration;e of] registration [.] ;
(d) Refuse to renew his or her registration;
[On and after July 1, 2007, a] A person shall not engage in the practice of environmental health in this State unless the person holds a [certificate of] registration as an environmental health specialist issued by the Board pursuant to NRS 625A.110, a - *AB175_R1* – 19 – temporary registration issued by the Board pursuant to section 10 of this act or a provisional registration as an environmental health specialist trainee issued by the Board pursuant to [this chapter.] NRS 625A.115.
Any person who violates any provision of this section is guiltygui3.y ofoIn addition to any other penalty prescribed by law, if the Board determines that a misdemeanor.person has violated the provisions of subsection 1, the Board may:
3.
In addition to any other penalty prescribed by law, if the Board determines that a person has violated the provisions of subsection 1, the Board may:
A person shall not use the title “registered environmental health specialist,” “environmental health specialist,” - 80th Session (2019) – 20 – “registered sanitarian” or “sanitarian,” or the abbreviation “R.E.H.S.,” “E.H.S.” or “R.S.” after his or her name, unless the person holds a [certificate of] registration as an environmental health specialist issued by the Board pursuant to [this chapter.] NRS2.25AA person shall not use the title “environmental health specialist trainee,” or any abbreviation or letters after his or her name that would suggest that the person is an environmental health specialist trainee, unless the person holds a [certificate of] provisional registration as an environmental health specialist trainee issued by the Board pursuant to [this chapter.] NRS 625A.110.625A.115.
2.
A person shall not use the title “environmental health specialist trainee,” or any abbreviation or letters after his or her name that would suggest that the person is an environmental health specialist trainee, unless the person holds a [certificate of] provisional registration as an environmental health specialist trainee issued by the Board pursuant to [this chapter.] NRS 625A.115.
LEADLINES~~~~~ OF19 REPEALED- SECTIONS80th 625A.010Session Purpose(2019) of registration;
certificate revocable.
- *AB175_R1* – 20 – 625A.023 “Certificate of registration” and “certificate” def625A.070 Biennial reports:
Contents;
distribution of copies.
625A.080 Records of proceedings;
annual audits;
seal;
regulations.
625A.090 Maintenance of register of applicants and holders of 625A.140atesContents of certificate.
H - *AB175_R1*
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Amendments
2 amendmentsClick Show changes on an amendment above to see how it modifies the bill.
Action History
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Chapter 344.
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Approved by the Governor.
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Enrolled and delivered to Governor.
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In Assembly. To enrollment.
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Taken from Secretary's desk. Placed on General File. Read third time. Passed. Title approved. (Yeas: 19, Nays: 2.) To Assembly.
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Taken from General File. Placed on Secretary's desk.
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Taken from General File. Placed on General File for next legislative day.
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Taken from General File. Placed on General File for next legislative day.
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Read second time.
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From committee: Do pass.
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In Senate. Read first time. Referred to Committee on Commerce and Labor. To committee.
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Read third time. Passed, as amended. Title approved. (Yeas: 33, Nays: 8, Excused: 1.) To Senate.
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From printer. To engrossment. Engrossed. First reprint. Taken from General File. Placed on General File for next legislative day.
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Read second time. Amended. (Amend. No. 217.) To printer.
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From committee: Amend, and do pass as amended.
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From printer. To committee.
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Read first time. Referred to Committee on Commerce and Labor. To printer.
Sponsors
- Sarah Peters · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 66 not signed on
Sponsors (1)
Co-sponsors (0)
None.
Not signed on (66)
66 members have not signed on to this bill.
Show all 66 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Subjects
Frequently asked questions
- What does AB 175 do?
- AN ACT relating to environmental health specialists; exempting certain persons from the applicability of provisions governing the practice of environmental health; revising provisions relating to the duties and powers of the board which governs environmental health specialists; revising provisions governing the requirements for application for and registration of environmental health specialists and environmental health specialist trainees; authorizing the issuance of temporary registrations to engage in the practice of environmental health to certain persons; revising the definition of the practice of environmental health; revising provisions governing continuing education; revising provisions governing complaints, grounds thereof and disciplinary action against applicants for and holders of registration to engage in the practice of environmental health; repealing certain provisions which set forth certain duties of the board which governs environmental health specialists; providing civil penalties; and providing other matters properly relating thereto.
- Who sponsors AB 175?
- AB 175 is sponsored by Peters, Sarah.
- What is the current status of AB 175?
- This bill has been enacted into law. Introduced February 18, 2019. Enacted.
- Where can I track AB 175?
- Track AB 175 free on One Click Politics — get push/email alerts when it moves.
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