Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 1 - SUBTITLES 01-07 › Subtitle 07 - BOARD OF ENVIRONMENTAL SANITARIANS › Chapter 26.07.01 - General Regulations › Section 26.07.01.01 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
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.