175 Page 4 Existing law creates the Board of Registered Environmental Health Specialists.

(NRS 625A.030) Sections 14 and 18 of this bill 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:

(3) require the Board to adopt certain regulations regarding the periods, renewal methodsmembers andor statusagents of registrationsthe issuedBoard pursuant to chapterinspect 625Apremises ofwhere NRS;environmental health is practiced;

(4) authorize members or - 80th Session (2019) – 2 – agents of the Board to inspect premises where environmental health is practiced;

and civil(7) penaltiesestablish collectedcertain byrequirements thefor Board.andand limitations on the use of certain fees Sectionand 8civil ofpenalties thiscollected bill establishes certain requirements which must be satisfied by an applicant for a registration to engage in the practiceBoard. 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,fingerprints , [and proof of educational qualifications,] for an applicant for a registration as an environmental health specialist or environmental health specialist trainee.

(NRS 625A.100) Section 24 of this bill sets forth certain circumstances under which such fingerprints are[or notproof requiredof toeducational bequalExisting submittedlaw requires an applicant for a registration as an environmental health specialist to have passed an examination certified by the Board.National Environmental Health Association.

Existing(NRS law625A.110, requires625A.120) anSections applicant26 forand a28 registrationof asthis anbill environmental health specialist to have passed an examination certified by the National Environmental revise 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.

Existing law provides that a person who engages in the practice of environmental health in this State without registration by the Board is guilty of a andmisdemeanor. 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)h Section 36 of this bill authorizes the Board to issue 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.

EXPLANATIONTHE –PEOPLE MatterOF inTHE boldedSTATE italicsOF isNEVADA, new;REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

matterSection between1. brackets [omitted material] is material to be omitted.

- 80th Session (2019) – 3 – THE SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:D IN Section 1.

Sec.Assembly Amendment No.

217 to Assembly Bill No.

175 Page 5 Sec.

Is employed by and for the Division of Environmental Protection of the State Department of Conservation and Natural Resources or for [an entity whose activities are limited solely to issues relating to] a local air [quality.] pollution control board.

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.

- 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 Sta(d)State; 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;

3.Assembly Amendment No.

Evaluate217 the qualifications and determine the eligibility of and, upon payment of the appropriate fee, issue the appropriateer registration to aAssembly qualifiedBill applicant;No.

175 Page 6 3.

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 appropriate registration to a qualified applicant;

-[and] 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.

renewal2. 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 - 80th Session (2019) – 6 – United States and who meets all the qualifications for registration in this State.

and healthAssembly specialistAmendment issuedNo. pursuant to NRS 625A.110 upon:mental (1) Payment of the registration fee set forth in NRS 625A.130;

217 to Assembly Bill No.

175 Page 7 (b) May be converted to a registration as an environmental health specialist issued pursuant to NRS 625A.110 upon:

(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 persong,person 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 80thholds Sessiona (2019)[certificate –of] 7registration –as an environmental health specialist issued by the Board pursuant to [this chapter.]talchapter.] 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 [.

(a)Assembly EnvironmentalAmendment healthNo. by a person whose primary work is performed by and for the Division of Environmental Protection of the State Department of Conservation and Natural Resources or for an entity whose activities are limited solely to issues relating to air quality;

217 to Assembly Bill No.

175 Page 8 (a) Environmental health by a person whose primary work is performed by and for the Division of Environmental Protection of the State Department of Conservation and Natural Resources or for an entity whose activities are limited solely to issues relating to air quality;

(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 (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)(1)(b) EachTwo ofmembers whom:must be environmental health specialists [,] :

be(1) environmentalEach healthof specialistswhom: [,] :

-Assembly 80thAmendment SessionNo. (2019) – 9 – 6.

217 to Assembly Bill No.

175 Page 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.

Three members] transact2. 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.xceedmust not exceed the rate provided for state officers and employees [3.]generally. 2.

[3.] 2.

Any reimbursement paid pursuant to thisAssembly sectionAmendment isNo. in addition to any per diem allowance or travel expenses paid to those employees pursuant to NRS 625A.050.

217 to Assembly Bill No.

175 Page 10 this section is in addition to any per diem allowance or travel expenses paid to those employees pursuant to NRS 625A.050.

chapter625A.060 must1. 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 issis for needed to pay attorney’s fees or the costs of an investigation, or both.

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;

Proof of the applicant’s educational qualifications, practical[if trainingthe andapplicant experience;does not hold:

and(a) [(e)]A 5.current credential as a registered environmental health specialist with the National Environmental Health Association;

and (b) A valid and unrestricted registration, certification or license to practice environmental health in the District of Columbia or any state or territory of the United States whose educational requirements for that registration, certification Assembly Amendment No.

217 to Assembly Bill No.

175 Page 11 or licensure are substantially similar to the educational requirements for the issuance of a registration as an environmental health specialist in this State;

5.

Proof of the applicant’s] practical training and experience;

and [(e) 6.] 5.

(b) Submit to the Board annually [, through its Secretary,] the statement prescribed by the Division of Welfare and Supportive -Services 80thof Sessionthe (2019)Department –of 12Health –and Human Services pursuant to NRS 425.520.

The statement must be completed and signed byantby the applicant.

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)Assembly MustAmendment possessNo. 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.

217 to Assembly Bill No.

175 Page 12 (c) Must possess a master’s degree in public health from an institution of higher education approved by the Board and have passed the [written] examination pursuant to NRS 625A.120;

or (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.

 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 thattatethat 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 thiSec.this 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 or environmental engineering, from an institution of higher education approved by the Board.

and (b) Must] must file with the Board an application for a [certificate of] provisional registration as an environmental health specialist trainee not later than [90]Assembly 30Amendment daysNo. after the date on which the person initially becomes employed [as a part of the] in a position in which he or she receives training [program.

217 to Assembly Bill No.

175 Page 13 [90] 30 days after the date on which the person initially becomes employed [as a part of the] in a position in which he or she receives training [program.

pursuant2. 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 not4.oreIfnot [,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 passingtwice. 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.

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.

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 hisAssembly orAmendment herNo. last known address by cer(a) State the reason for the denial;

andhe217 noticeto must:Assembly Bill No.

(b)175 InformPage the14 personhis that he or sheher haslast theknown rightaddress toby acertified hearingmail, beforereturn thereceipt Board.requested.

The notice must:

(a) State the reason for the denial;

and (b) Inform the person that he or she has the right to a hearing before the Board.

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.

-Initial 80thapplication Sessionfee............................................................................$250 (2019)Registration –fee.............................................................................[100] 17150 –Temporary Initialregistration applicationfee...............................................................[50] fee75 ......................................................$250Fee Registrationfor fee..................................................................150the Temporaryrenewal registrationof fee..................................................75a registration............................................[100] 150 Fee for the late renewal of a registration................................150registration...............................................100 Fee for the reinstatement of an expired registration........250.....100registration ...................[200] 250 2.

2.Assembly Amendment No.

217 to Assembly Bill No.

175 Page 15 2.

[The exemption may not be granted to a person more than once in any 6-6-year year period.] 3.

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 thegerthe 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 environmentalof]environmental 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.

Willfully making a false or fraudulent statement or of]submitting registration;eda forged or false document in applying for a [certificate 2.of] registration;

2.

-Assembly 80thAmendment SessionNo. (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;

217 to Assembly Bill No.

175 Page 16 (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] (d)(c) RefuseSuspend toor renewrevoke his or her registration;e[certificate of] registration [.] ;

(d) Refuse to renew his or her registration;

Any person who violates any provision of this section is gui3.yguilty oInof addition to any other penalty prescribed by law, if the Board determines that a personmisdemeanor. 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.115.625A.110.

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.

~~~~~Assembly 19Amendment -No. 80th Session (2019)

217 to Assembly Bill No.

175 Page 17 LEADLINES OF REPEALED SECTIONS 625A.010 Purpose of registration;

certificate revocable.

625A.023 “Certificate of registration” and “certificate” defined.

625A.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 certificates.

625A.140 Contents of certificate.