DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS
DIRECTOR’S OFFICE
SANITARIANS REGISTRATION – GENERAL RULES
Filed with the secretary of state on
These rules take
effect become effective immediately upon after filing
with the secretary of state unless adopted under section 33, 44, or 45a(6)
45a(9) of the administrative procedures act of 1969, 1969 PA 306, MCL
24.233, 24.244, or 24.245a. Rules adopted under these sections become effective
7 days after filing with the secretary of state.
(By authority conferred on the director of the department of licensing and regulatory affairs by sections 16145, 16148, and 18413 of the public health code, 1978 PA 368, MCL 333.16145, 333.16148, and 333.18413, and Executive Reorganization Order Nos. 1991-9, 1996-2, 2003-1, 2009-10, and 2011-4, MCL 338.3501, 445.2001, 445.2011, 333.26364, and 445.2030)
R 338.3901, R 338.3911, R 338.3913, R 338.3921, R 338.3925, R 338.3927, R 338.3929, and R 338.3931 of the Michigan Administrative Code are amended, as follows:
PART 1. GENERAL PROVISIONS
R 338.3901 Definitions.
Rule 1. (1) As used in these rules:
(a) "Code" means the public health code, 1978 PA 368, MCL 333.1101 to 333.25211.
(b) "Department" means the department of licensing and regulatory affairs.
(c) “NEHA” means the National Environmental Health Association.
(d) “REHS/RS” means the registered environmental health specialist/registered sanitarian credential from NEHA.
(2) A term defined in the code has the same meaning when used in these rules.
PART 2. EDUCATION
R 338.3911 Accreditation standards; adoption by reference.
Rule 11. (1) The department approves
and adopts by reference the standards for accrediting environmental health
baccalaureate programs developed and adopted by the National Environmental
Health Science and Protection Accreditation Council (EHAC), P.O. Box 66057,
Burien, Washington 98166 effective January 1, 2017, and entitled in
the publication entitled "Requirements for the Accreditation of
Environmental Health Science and Protection Baccalaureate Programs."
Programs,” updated November 25, 2019, which The guidelines are is
available free of charge from The National Environmental Health Science and
Protection Accreditation Council, P.O. Box 66057, Burien, Washington 98166, or
at no cost from the council's website at https://www.nehspac.org/,
at no cost. Copies of the guidelines are available
for inspection and distribution at a cost of 10 cents per page from the Bureau
of Professional Licensing, Department of Licensing and Regulatory Affairs, 611
West Ottawa Street, P.O. Box 30670, Lansing, Michigan 48909. are
approved and adopted by reference.
(2) The department approves and
adopts by reference the standards for accrediting environmental health
graduate programs developed and adopted by EHAC, P.O. Box 66057, Burien,
Washington 98166 revised 2012, updated August 22, 2018, and entitled
in the publication entitled "Guidelines for the Accreditation of
Environmental Health Science and Protection: Graduate Programs." Programs,”
updated August 22, 2018, which The guidelines are is available
free of charge from The National Environmental Health Science and Protection
Accreditation Council, P.O. Box 66057, Burien, Washington 98166, or at
no cost from the council's website at https//www.nehspac.org/,
at no cost. Copies of the guidelines are available for inspection and
distribution at a cost of 10 cents per page from the Bureau of Professional
Licensing, Department of Licensing and Regulatory Affairs, 611 West Ottawa
Street, P.O. Box 30670, Lansing, Michigan 48909. are approved and
adopted by reference.
(3) A baccalaureate program in
environmental health or graduate program in environmental health accredited by
the EHAC as an approved environmental health educational program under subrules
(1) and (2) of this rule meets the qualifications for an environmental health
educational program that is approved by the department. The standards
for recognition of accrediting organizations developed and adopted by the Council
for Higher Education Accreditation (CHEA), One Dupont Circle NW, Suite 510,
Washington DC 20036, in the publication entitled “CHEA Standards and Procedures
for Recognition,” effective October 4, 2021, which are available at no cost on
the council’s website at https://www.chea.org, are approved and adopted
by reference.
(4) The department adopts by
reference the recognition standards and criteria of the Council for Higher
Education (CHEA), effective September 2018, and the procedures and criteria for
recognizing postsecondary accrediting agencies of the United States Department
of Education, effective July 1, 2010, as contained in 34 CFR part 602, subparts
B and C (2018). Copies of the standards and criteria of CHEA and the United
States Department of Education are available for inspection and distribution at
a cost of 10 cents per page from the Bureau of Professional Licensing,
Department of Licensing and Regulatory Affairs, 611 West Ottawa Street, P.O.
Box 30670, Lansing, Michigan 48909. The CHEA recognition standards also may be
obtained from the Council for Higher Education Accreditation, One Dupont Circle
NW, Suite 510, Washington, D.C. 20036-1110, or from the council's website at
http://www.chea.org at no cost. The federal recognition criteria may be
obtained from the United States Department of Education Office of Postsecondary
Education, 1990 K Street, NW, Washington, D.C. 20006 or from the department's
website at http://www.ed.gov/about/offices/list/OPE/index.html at no cost. The
criteria for recognition and the recognition process for the secretary’s
recognition of accrediting agencies of the United States Department of
Education, Office of Postsecondary Education, 400 Maryland Avenue, S.W.,
Washington, DC 20202, in 34 CFR 602.10 to 602.39, effective July 1, 2020, which
are available at no cost on the department’s website at https://www2.ed.gov/about/offices/list/ope/index.html,
are approved and adopted by reference.
(5) A bachelor’s degree, master’s
degree, or doctoral degree in any subject from a postsecondary institution that
is accredited by a postsecondary accrediting agency that meets the recognition
standards and criteria of CHEA under subrule (4) of this rule is an educational
program that is approved by the department. Copies of the standards and
criteria approved and adopted in this rule are available for inspection and
distribution at a cost of 10 cents per page from the Bureau of Professional
Licensing, Department of Licensing and Regulatory Affairs, 611 West Ottawa
Street, P.O. Box 30670, Lansing, Michigan 48909.
R 338.3913 Sanitarian educational training requirements.
Rule 13. (1) An applicant for a sanitarian registration shall complete an educational program that satisfies 1 of the following requirements:
(a) A bachelor’s degree, master’s
degree, or doctoral degree in environmental health from an educational program accredited
under the standards approved by the department and adopted under
R 338.3911(3). R 338.3911(1) or (2).
(b) A bachelor’s
degree, master’s degree, or doctoral degree in any subject from an accredited
educational program at an institution and the accrediting organization
or agency satisfies the standards or criteria approved by the department
and adopted under R 338.3911(5) R 338.3911(3) or (4) that
and the degree includes included both of the following
requirements:
(i) At least Not less than 30
semester hours or 45 quarter hours of college level credit in basic science
coursework, including engineering sciences, environmental sciences, health
sciences, life sciences, natural sciences, or physical sciences.
(ii) College level credit for coursework in mathematics or statistics.
(c) A bachelor’s degree, master’s
degree, or doctoral degree from an educational program at an institution located
found outside the United States that is substantially equivalent to the
educational requirements under subdivision (a) or (b) of this subrule.
(2) If an applicant is a graduate of an
educational program under subrule (1)(b) of this rule, the applicant shall
have his or her applicant’s educational credentials must undergo evaluated
by a curriculum evaluation conducted by the National Environmental
Health Association (NEHA). NEHA.
(3) If an applicant is a graduate of an
educational program under subrule (1)(c) of this rule, the applicant shall
have his or her applicant’s educational credentials must be evaluated
by a credential evaluation organization that is a current member organization
of the National Association of Credential Evaluation Services (NACES).
(4) The applicant shall have the educational
program shall verify that the applicant has successfully completed the
program by having the program sending send the applicant’s
official transcripts to the department.
PART 3. REGISTRATION
R 338.3921 Training standards for identifying victims of human trafficking;
requirements.
Rule 21. (1) Under section 16148 of the
code, MCL 333.16148, an the individual who is seeking
registration or who is registered shall have complete completed
training in identifying victims of human trafficking that satisfies all of
the following:
(a) Training content must cover all the following:
(i) Understanding the types and venues
of human trafficking in this state Michigan or the United States.
(ii) Identifying victims of human
trafficking in health care healthcare settings.
(iii) Identifying the warning signs of
human trafficking in health care healthcare settings for adults
and minors.
(iv) Resources Identifying
resources for reporting the suspected victims of human trafficking.
(b) Acceptable providers or methods of training include any of the following:
(i) Training offered by a nationally recognized or state-recognized, health-related organization.
(ii) Training offered by, or in conjunction with, a state or federal agency.
(iii) Training obtained in an educational program that has been approved by the department for initial registration, or by a college or university.
(iv) Reading an article related to the
identification of victims of human trafficking that satisfies the requirements
of subrule (1)(a) of this rule subdivision (a) of this subrule and
is published in a peer-review peer review journal, healthcare
health care journal, or professional or scientific journal.
(c) Acceptable modalities of training include any of the following:
(i) Teleconference or webinar.
(ii) Online presentation.
(iii) Live presentation.
(iv) Printed or electronic media.
(2) The department may select and audit
a sample of individuals and request documentation of proof of completion of
training. If audited by the department, the an individual shall
provide an acceptable proof of completion of training, including either of the
following:
(a) Proof of completion certificate issued by the training provider that includes the date, provider name, name of training, and individual’s name.
(b) A self-certification statement by an
the individual. The certification statement must include the
individual’s name and either 1 of the following:
(i) For training completed under subrule (1)(b)(i) to (iii) of this rule, the date, training provider name, and name of training.
(ii) For training completed under
subrule (1)(b)(iv) of this rule, the title of article, author, publication name
of the peer-review peer review journal, healthcare health
care journal, or professional or scientific journal, and the date,
volume, and issue of publication, as applicable.
(3) Under section 16148 of the code, MCL 333.16148, the requirements specified in subrule (1) of this rule apply for registration renewals beginning with the 2017 renewal cycle and for initial registrations issued after March 17, 2021.
R 338.3925 Registration; requirements.
Rule 25. (1) An applicant for a
sanitarian registration shall submit a completed
application on a form provided by the department, together with the requisite
fee. In addition to satisfying satisfy the requirements
of the code and the administrative rules promulgated under the code, an
applicant shall satisfy as well as 1 of all the following:
following requirements:
(a) The
requirements of R 338.3913(1)(a). No proof of prior work experience
is required. Provide the required fee and a completed application on a
form provided by the department.
(b) The
requirements of R 338.3913(1)(b) and verification by the employer sent to the
department that the applicant has completed
4,000 hours in planning, developing, or implementing systems to improve the
quality of air, water, food, or other environmental factors that affect the
health of the public. Provide proof, as directed by the department,
verifying completion of 1 of the following:
(i) The requirements of R 338.3913(1)(a). No proof of prior work experience is required.
(ii) The requirements of R 338.3913(1)(b) and verification from the applicant’s employer that the applicant has completed 4,000 hours in planning, developing, or implementing systems to improve the quality of air, water, food, or other environmental factors that affect the health of the public.
(iii) The requirements of R 338.3913(1)(c), subject to the following requirements:
(A) If the credential evaluation required under R 338.3913(3) determines that the applicant’s educational credentials are substantially equivalent to R 338.3913(1)(a), no proof of prior work experience is required.
(B) If the credential evaluation required under R 338.3913(3) determines that the applicant’s educational credentials are substantially equivalent to R 338.3913(1)(b), verification is required from the applicant’s employer that the applicant has completed 4,000 hours in planning, developing, or implementing systems to improve the quality of air, water, food, or other environmental factors that affect the health of the public.
(c) The requirements of R
338.3913(1)(c), subject to the following requirements: Provide proof, as
directed by the department, verifying a passing score on the examination
adopted under R 338.3923.
(i) If the credential evaluation
required under R 338.3913(3) determines that the applicant’s educational
credentials are substantially equivalent to R 338.3913(1)(a), no proof of prior
work experience is required.
(ii) If the credential evaluation
required under R 338.3913(3) determines that the applicant’s educational
credentials are substantially equivalent to R 338.3913(1)(b), verification by
the employer shall be sent to the department that the applicant has completed
4,000 hours in planning, developing, or implementing systems to improve the
quality of air, water, food, or other environmental factors that affect the
health of the public.
(2) In addition to satisfying the
requirements of subrule (1)(a), (b), or (c) of this rule, an applicant shall
complete and pass the examination adopted under R 338.3923.
If an applicant for a sanitarian registration provides proof, as directed by
the department, that the applicant is a current holder in good standing of the
REHS/RS credential, then it is presumed that the applicant satisfies the
requirements of subrule (1)(b) and (c) of this rule.
R 338.3927 Registration by endorsement.
Rule 27. (1) An applicant for a Michigan
sanitarian registration by endorsement shall submit a completed
application on a form provided by the department, together with the requisite
fee. In addition to satisfying satisfy the other
requirements of the code and the administrative rules promulgated
under the code, an applicant shall satisfy the educational and experiential
requirements, as specified in R 338.3925(1)(a), (b), or (c) and satisfy the
requirements of this rule. as well as all the following requirements:
(a) Provide the required fee and a completed application on a form provided by the department.
(b) Provide proof, as directed by the department, verifying a current and full sanitarian license or registration in another state.
(c) Provide proof, as directed by the department, verifying that the applicant completed the educational requirements in the United States for licensure or registration as a sanitarian in the United States.
(d) Provide proof, as directed by the department, verifying a passing score on the examination adopted under R 338.3923.
(2) An applicant who was first
licensed or registered in another state is presumed to have met the
requirements of sections 16186(1)(a) and (b) of the code, MCL 333.16186, if he
or she satisfies both of the following requirements: If an applicant for
a sanitarian registration provides proof, as directed by the department, that
the applicant is a current holder in good standing of the REHS/RS credential,
then it is presumed that the applicant satisfies the requirements of subrule
(1)(c) and (d) of this rule.
(a) Verifies that he or she has been
licensed or registered for a minimum of 3 years immediately before filing an
application for registration as a sanitarian in this state. An applicant may
submit either of the following as verification:
(i) Documentation of the
applicant’s employment verified by the employer of employment in another state
as a licensed or registered sanitarian for the period specified under
subdivision (a) of this subrule.
(ii) Documentation of the status
of a license or registration from all other states in which the applicant
currently holds or has ever held licensure or registration. Verification
includes, but is not limited to, showing proof of any disciplinary action taken
or pending against the applicant.
(b) Completed and passed the examination adopted under R 338.3923.
(3) If an applicant for a sanitarian
registration submits proof that he or she is a current holder in good standing
of the REHS/RS credential from NEHA, then it is presumed that the applicant
satisfies the educational and experiential requirements as specified in R
338.3925(1)(a), (b), or (c) of subrule (1) of this rule and satisfies subrule
(2) of this rule. An applicant that is or has been licensed, registered,
or certified in a health profession or specialty by another state, the United
States military, the federal government, or another country shall disclose that
fact on the application form. The applicant shall satisfy the requirements of
section 16174(2) of the code, MCL 333.16174, including verification from the
issuing entity showing that disciplinary proceedings are not pending against
the applicant and sanctions are not in force at the time of application. If registration
is granted and it is determined that sanctions have been imposed, the department
may impose appropriate sanctions under section 16174(5) of the code, MCL
333.16174.
R 338.3929 Application for sanitarian re-registration;
reregistration; requirements.
Rule 29. (1) An applicant whose
sanitarian registration has lapsed may be for re-registration reregistered
within 3 years after the expiration date of the registration under section
16201(3) of the code, MCL 333.16201, if the applicant as a sanitarian
shall submit to the department a completed application on a form provided by
the department, together with the requisite fee. In addition to satisfying
satisfies the other requirements of the code and administrative
the rules promulgated under the code, an applicant shall satisfy 1 of
the following requirements, as applicable: as well as both of the following
requirements:
(a) If the registration was lapsed
for less than 3 years, an applicant shall satisfy all of the following
requirements: Provides the required fee and a completed application on a
form provided by the department.
(i) Establish that he or she is of
good moral character as defined under 1974 PA 381, MCL 338.41 to 338.47.
(ii) Submit to the department on a
form provided by the department verification of his or her license or
registration by the agency of any state in which the applicant holds a current
license or registration or ever held a license or registration as a sanitarian.
Verification includes, but is not limited to, showing proof of any disciplinary
action taken or pending disciplinary action imposed upon the applicant.
(b) If the registration was lapsed
for 3 or more years, an applicant shall satisfy all the following requirements:
Establishes good moral character as that term is defined in, and determined
under, 1974 PA 381, MCL 338.41 to 338.47.
(i) Establish that he or she is of
good moral character as defined under 1974 PA 381, MCL 338.41 to 338.47.
(ii) Submit to the department
fingerprints as set forth in section 16174(3) of the code, MCL 333.16174.
(iii) Provide to the department
proof of passing the examination adopted under R 338.3923.
(iv) Submit on a form provided by
the department verification of his or her license or registration by the agency
of any state in which the applicant holds a current license or registration or
ever held a license or registration as a sanitarian. Verification includes,
but is not limited to, showing proof of any disciplinary action taken or
pending disciplinary action imposed upon the applicant.
(2) If an applicant for sanitarian
re-registration submits proof that he or she is a current holder in good
standing of the REHS/RS credential from NEHA, then it is presumed that the
applicant satisfies the requirement of subrule (1)(b)(iii) of this rule. An
applicant whose sanitarian registration has lapsed may be reregistered more
than 3 years after the expiration date of the registration under section 16201(4)
of the code, MCL 333.16201, if the applicant satisfies the
requirements under the code and the rules promulgated under the code, as well
as all the following requirements:
(a) Establishes good moral character as that term is defined in, and determined under, 1974 PA 381, MCL 338.41 to 338.47.
(b) Provides fingerprints as required under section 16174(3) of the code, MCL 333.16174.
(c) Provides proof, as directed by the department, verifying a passing score on the examination adopted under R 338.3923 during the 2-year period immediately preceding the date of application for reregistration.
(3) If an applicant for a sanitarian reregistration provides proof, as directed by the department, that the applicant is a current holder in good standing of the REHS/RS credential, then it is presumed that the applicant satisfies the requirement of subrule (2)(c) of this rule.
(4) An applicant that is or has been licensed, registered, or certified in a health profession or specialty by another state, the United States military, the federal government, or another country shall disclose that fact on the application form. The applicant shall satisfy the requirements of section 16174(2) of the code, MCL 333.16174, including verification from the issuing entity showing that disciplinary proceedings are not pending against the applicant and sanctions are not in force at the time of application. If registration is granted and it is determined that sanctions have been imposed, the department may impose appropriate sanctions under section 16174(5) of the code, MCL 333.16174.
R 338.3931 Registration renewal; requirements.
Rule 31. An applicant for registration
renewal who has been registered for the 2-year period immediately preceding the
application for renewal shall submit satisfy the requirements of the
code and the rules promulgated under the code, including providing to
the department the required fee and a completed application on a form
provided by the department.