Md. Code Regs. 26.07.01.01

Current through Register Vol. 51, No. 18, September 6, 2024

Section 26.07.01.01 - Definitions

A. In this subtitle, the following terms have the meanings indicated.

B. Terms Defined.

(1) "Accredited college or university" means an educational institution in the United States which has been accredited by an accrediting organization or agency that is recognized by the Commission on the Recognition of Post-Secondary Accreditation.

(2) "Approved experience" means experience which classifies as practice as an environmental sanitarian.

(2-1) "Approved training" means courses of study or programs of instruction in an area of environmental health sciences and related subjects designed to improve, advance, or extend professional skill and knowledge relating to the practice of an environmental sanitarian and that are approved by the Board in accordance with the requirements of this subtitle.

(3) "Board" means the State Board of Environmental Sanitarians.

(4) "Certificate" means any of the following certificates issued by the Board:

(a) A certificate of eligibility for obtaining employment;

(b) A sanitarian-in-training certificate; and

(c) A certificate of eligibility for supervised training.

(5) Environmental Health Sponsor.

(a) "Environmental health sponsor" means an individual who is responsible for overseeing the implementation and progress of an applicant's sanitarian-in-training program.

(b) "Environmental health sponsor" includes:

(i) A registered environmental sanitarian;

(ii) An environmental professional or administrator not required to be registered by the Board under Environment Article, §11-301(b), Annotated Code of Maryland; or

(iii) A supervisor acceptable to the Board.

(6) "Gross negligence" means action or inaction by a registered environmental sanitarian or applicant for a license that is significantly deficient from the action or inaction expected by the profession under the same circumstances.

(7) "Hours of approved training" means the value given by the Board for participation in continuing education or experience.

(8) "Incompetence" means an action or inaction by a registered environmental sanitarian or applicant for a license which demonstrates a general lack of knowledge or ability to practice as an environmental sanitarian.

(9) "Internship" means a sanitarian-in-training program that:

(a) Consists of 3 months of approved experience; and

(b) Has been completed by an individual who has graduated from an accredited college or university with a master's degree in public or environmental health.

(10) "License" means a license issued by the Board to practice as an environmental sanitarian.

(11) "License renewal period" means the 24-month period immediately preceding the expiration date of the license.

(12) Major Component Of Employment.

(a) "Major component of employment" means a job duty or responsibility that:

(i) An individual may be reasonably expected to perform;

(ii) Is identified and listed separately on a position description form such as a Maryland State form MS-22; and

(iii) Entails significant decision-making responsibility and authority in the process of securing compliance with federal, State, or local health and environmental laws and regulations specifically relating to the control of the public health aspects of the environment.

(b) "Major component of employment" does not include a job duty or responsibility identified as "miscellaneous" or "other duties as assigned".

(13) "Misconduct" means an action or inaction by a registered environmental sanitarian or applicant for a license that is deficient from the action or inaction expected by the profession under the same circumstances.

(14) "Paraprofessional personnel, aides, and technicians" means individuals who:

(a) Perform routine duties at the direction of and under the supervision of registered environmental sanitarians or other professionals; and

(b) Do not exercise any independent decision making with respect to compliance with public health laws and regulations.

(15) "Party" means a person or agency named or admitted as a party, or properly seeking and entitled to the right to be admitted as a party, in formal hearings. A person or agency may be admitted as a party for limited purposes.

(16) "Practice as an environmental sanitarian" means, as a major component of employment, to apply academic principles, methods, and procedures of the environmental, physical, biological, and health sciences to the inspections and investigations necessary to collect and analyze data and to make decisions necessary to secure compliance with federal, State, and local health and environmental laws and regulations specifically relating to control of the public health aspects of the environment including:

(a) The manufacture, preparation, handling, distribution, or sale of food and milk;

(b) Water supply and treatment;

(c) Wastewater treatment and disposal;

(d) Solid waste management and disposal;

(e) Vector control;

(f) Insect and rodent control;

(g) Air quality;

(h) Noise control;

(i) Product safety;

(j) Recreational sanitation; and

(k) Institutional and residential sanitation.

(17) "Registered environmental sanitarian" means an individual who is licensed by the Board to practice as an environmental sanitarian.

(18) "Sample" means a portion of a biological, physical, or environmental system removed from the existing entity for the purpose of being submitted to a laboratory for analysis.

(19) "Sanitarian-in-training" means an individual who meets the educational qualifications set forth in Regulation .03B of this chapter.

(20) "Sanitarian-in-training program" means a program which provides a sanitarian-in-training with approved experience under the supervision of an environmental health sponsor.

(21) Seasonal Employee.

(a) "Seasonal employee" means an individual who is employed to practice as an environmental sanitarian under a sanitarian-in-training certificate who:

(i) Performs the duties of a sanitarian-in-training on a seasonal basis; and

(ii) Is employed for a length of time, not to exceed 5 consecutive months, pursuant to a contract of employment.

(b) A "seasonal employee" is not required to complete the total months of experience in a sanitarian-in-training program as a full-time employee under Regulation .03B of this chapter on a consecutive monthly basis.

Md. Code Regs. 26.07.01.01

Regulation .01B amended effective October 15, 1990 (17:20 Md. R. 2431)
Regulations .01 adopted effective January 1, 1997 (23:26 Md. R. 1861)
Regulation .01B amended effective December 15, 1997 (24:25 Md. R. 1719); June 19, 2006 (33:12 Md. R. 998)