[Rev. 1/31/2018 2:58:18 PM]

[NAC-625A Revised Date: 2-18]

CHAPTER 625A - ENVIRONMENTAL HEALTH SPECIALISTS

GENERAL PROVISIONS

625A.010           Definitions.

625A.011           “Basic science courses” interpreted.

BOARD OF REGISTERED ENVIRONMENTAL HEALTH SPECIALISTS

625A.0115         Authority to act on own motion; petition for adoption, amendment or repeal of regulation or hearing.

625A.012           Petition for declaratory order or advisory opinion.

625A.0125         Formal written communications and documents.

CERTIFICATES OF REGISTRATION

625A.013           Environmental health specialist trainee: Qualification to practice; application for certificate of registration; approval of training program.

625A.014           Submission of transcript and verification of other license, certificate or registration with application.

625A.0145         Submission of proof of examination score with application.

625A.015           Application for and issuance of certificate by reciprocity.

625A.016           Application upon completion of training program.

625A.017           Deadline for submission of application for renewal of registration and annual fee; effect of noncompliance.

625A.020           Continuing education: Requirements for renewal of registration; effect of noncompliance; exceptions.

625A.025           Continuing education: Application by retiree for exemption from requirements.

625A.030           Continuing education: Proof of completion; audits.

625A.040           Reinstatement of suspended certificate of registration. [Effective until 2 years after the date of the repeal of the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

625A.040           Reinstatement of suspended certificate of registration. [Effective on the date 2 years after the date of the repeal of the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

625A.050           Provision of additional information or appearance before Board or member thereof before issuance, renewal or reinstatement.

625A.060           Practice authorized only under name in which certificate is held; change of name.

625A.070           Fees.

DISCIPLINARY ACTIONS

625A.100           Initiation, contents and review of complaint.

625A.110           Authority of Board to require supervisor of trainee to accompany trainee to proceeding.

625A.120           Witness fees and reimbursement.

 

 

 

GENERAL PROVISIONS

     NAC 625A.010  Definitions. (NRS 625A.080)  As used in this chapter, unless the context otherwise requires:

     1.  “Approved course” means a course of study or training which must be related to environmental health sciences or sanitary measures for the benefit of the public and which is approved or presented by any of the following:

     (a) The National Environmental Health Association.

     (b) The American Public Health Association.

     (c) The Centers for Disease Control and Prevention.

     (d) The Food and Drug Administration.

     (e) The United States Department of Health and Human Services.

     (f) The Environmental Protection Agency.

     (g) The United States Department of Energy.

     (h) The American Water Works Association.

     (i) The Academy of Nutrition and Dietetics.

     (j) The State Board of Nursing.

     (k) The Nevada Environmental Health Association.

     (l) The American Society of Agricultural and Biological Engineers.

     (m) Any other organization approved by the Board.

     (n) An accredited college or university.

     2.  “Board” means the Board of Registered Environmental Health Specialists.

     3.  “Contact hour” means 60 minutes of participation in an approved course.

     4.  “Environmental health sciences” means the science and practice of preventing human injury and illness and promoting human well-being by:

     (a) Identifying and evaluating the environmental sources and hazardous agents which may adversely affect human health; and

     (b) Limiting human exposure to hazardous physical, chemical, biological, radiological and nuclear agents in the environment, including, without limitation, agents found in the air, water, soil or food.

     (Added to NAC by Bd. for Registration of Pub. Health Sanitarians, eff. 2-19-91; A by Bd. of Reg. Environmental Health Sp. by R125-03, 3-26-2004; R003-06, 3-23-2007; R049-16, 6-21-2017)

     NAC 625A.011  “Basic science courses” interpreted. (NRS 625A.080)

     1.  In addition to the courses listed in NRS 625A.110 and 625A.115, the Board will interpret the term “basic science courses” as used in NRS 625A.110 and 625A.115 to include, without limitation:

     (a) General chemistry;

     (b) Organic chemistry;

     (c) General physics;

     (d) Microbiology;

     (e) General biological science;

     (f) Epidemiology;

     (g) Statistics;

     (h) Water quality;

     (i) Waste management;

     (j) Food and consumer protection;

     (k) Housing and institution sanitation;

     (l) Vector control;

     (m) Recreational health;

     (n) Air quality;

     (o) Milk and dairy products;

     (p) Occupational health;

     (q) Radiological or nuclear science;

     (r) Noise control;

     (s) Toxicology;

     (t) Soil science;

     (u) Land use development;

     (v) Zoology;

     (w) Physiology;

     (x) Ecology;

     (y) Chemical engineering;

     (z) Geology or earth science;

     (aa) Sanitary engineering;

     (bb) Environmental engineering;

     (cc) Allied health sciences; and

     (dd) Any other basic science course included in a degree program in environmental health from an institution of higher education approved by the Board.

     2.  The term does not include any general survey course which is not credited by an institution of higher education toward a major in a natural science or any precollege course which is below the level of an introductory course.

     (Added to NAC by Bd. of Reg. Environmental Health Sp. by R049-16, eff. 6-21-2017)

BOARD OF REGISTERED ENVIRONMENTAL HEALTH SPECIALISTS

     NAC 625A.0115  Authority to act on own motion; petition for adoption, amendment or repeal of regulation or hearing. (NRS 625A.080)

     1.  The Board may act on its own motion. Any other request for the adoption, amendment or repeal of a regulation of the Board or for a formal hearing before the Board must be filed with the Board as a petition.

     2.  Any interested person may file a petition with the Board for the adoption, amendment or repeal of a regulation of the Board or for a formal hearing before the Board.

     3.  A petition filed with the Board pursuant to this section must:

     (a) Be in writing;

     (b) Be addressed to the Chair of the Board;

     (c) Contain:

          (1) The full name and mailing address of the petitioner;

          (2) If the petitioner is proposing the adoption of a new regulation, the body or substance of the proposed regulation and the supporting facts and arguments for the adoption thereof;

          (3) If the petitioner is proposing the amendment or repeal of an existing regulation, the specific section of the Nevada Administrative Code that the petitioner is proposing to amend or repeal and the supporting facts and arguments for the amendment or repeal thereof;

          (4) If the petitioner is requesting a formal hearing before the Board, the relevant facts supporting the request; and

          (5) A statement that the petition is being made in accordance with all applicable provisions of the Nevada Revised Statutes and the Nevada Administrative Code; and

     (d) Be signed by the petitioner and contain a statement that the petitioner acknowledges that by signing the petition:

          (1) He or she has read the petition; and

          (2) To the best of his or her knowledge, information and belief, the statements made in the petition are true.

     4.  A person who files a petition pursuant to this section must file the original petition and two legible copies with the Board. The Board may, if appropriate, direct that a copy of the petition be made available to any other person who the Board determines might be affected by the petition.

     (Added to NAC by Bd. of Reg. Environmental Health Sp. by R017-17, eff. 9-21-2017)

     NAC 625A.012  Petition for declaratory order or advisory opinion. (NRS 625A.080)

     1.  A person may file, and the Board will consider, a petition for a declaratory order or an advisory opinion concerning the applicability of any relevant statutory provision or any regulation or decision of the Board.

     2.  A petition for a declaratory order or an advisory opinion must be filed with the Board in the same manner as a petition for the adoption, amendment or repeal of a regulation pursuant to NAC 625.0115.

     (Added to NAC by Bd. of Reg. Environmental Health Sp. by R017-17, eff. 9-21-2017)

     NAC 625A.0125  Formal written communications and documents. (NRS 625A.080)  All formal written communications and documents must be addressed to the Board and not to individual members of the Board.

     (Added to NAC by Bd. of Reg. Environmental Health Sp. by R049-16, eff. 6-21-2017)

CERTIFICATES OF REGISTRATION

     NAC 625A.013  Environmental health specialist trainee: Qualification to practice; application for certificate of registration; approval of training program. (NRS 625A.080, 625A.115)

     1.  To engage in the practice of environmental health as an environmental health specialist trainee, a person:

     (a) Must be employed as a part of a training program which has been approved by the Board and in which the person engages in the practice of environmental health under the direct supervision of one or more other persons who hold certificates of registration as environmental health specialists; and

     (b) Must file with the Board an application for a certificate of registration as an environmental health specialist trainee not later than 90 days after the date on which the person initially becomes employed as a part of the approved training program.

     2.  Except as otherwise provided in subsection 3, to be approved by the Board for purposes of employing environmental health specialist trainees, a training program must submit to the Board an application, a description of the training program and any other information related to the training program that the Board may require.

     3.  A training program is not required to submit an application to the Board pursuant to subsection 2 and shall be deemed to be approved by the Board if the training program is provided by:

     (a) A health district created pursuant to NRS 439.362 or 439.370;

     (b) The Department of Health and Human Services; or

     (c) A division of the Department of Health and Human Services.

     4.  The Board will maintain a list of all training programs that are approved by the Board to employ environmental health specialist trainees.

     (Added to NAC by Bd. of Reg. Environmental Health Sp. by R003-06, eff. 3-23-2007; A by R049-16, 6-21-2017)

     NAC 625A.014  Submission of transcript and verification of other license, certificate or registration with application. (NRS 625A.080, 625A.100)  Each applicant for a certificate of registration as an environmental health specialist or environmental health specialist trainee must:

     1.  Unless an applicant meets the requirements set forth in paragraph (d) of subsection 1 of NRS 625A.110:

     (a) Attach to his or her application, in a sealed envelope, his or her official transcript from an accredited institution of higher education approved by the Board; or

     (b) Request that the accredited institution of higher education mail the transcript directly to the Board; and

     2.  Submit verification of every license, certificate or registration as an environmental health specialist issued in another state, territory, the District of Columbia or a foreign country within 5 years from the date of the application, if any.

     (Added to NAC by Bd. of Reg. Environmental Health Sp. by R049-16, eff. 6-21-2017)

     NAC 625A.0145  Submission of proof of examination score with application. (NRS 625A.080, 625A.100)  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 for a certificate of registration as an environmental health specialist who takes the examination must submit to the Board proof of the score that the applicant received on the examination in the form prescribed by the Board.

     (Added to NAC by Bd. of Reg. Environmental Health Sp. by R049-16, eff. 6-21-2017)

     NAC 625A.015  Application for and issuance of certificate by reciprocity. (NRS 625A.080, 625A.110)

     1.  For the purpose of issuing a certificate of registration to a person by reciprocity as provided in NRS 625A.110, the Board will recognize registration as an environmental health specialist, environmental health scientist or registered sanitarian in a jurisdiction that requires registration with the National Environmental Health Association as being substantially similar to the requirements for the issuance of a certificate of registration as an environmental health specialist in this State.

     2.  A person who applies for a certificate of registration by reciprocity as provided in NRS 625A.110 must submit with his or her application proof in the form prescribed by the Board that he or she is registered with the National Environmental Health Association.

     (Added to NAC by Bd. of Reg. Environmental Health Sp. by R003-06, eff. 3-23-2007; A by R049-16, 6-21-2017)

     NAC 625A.016  Application upon completion of training program. (NRS 625A.080, 625A.100)  Upon completion of the training program required pursuant to NRS 625A.115, an environmental health specialist trainee may apply to the Board for a certificate of registration as an environmental health specialist. The application must include, without limitation, proof in the form prescribed by the Board that the person:

     1.  Completed the training program required pursuant to NRS 625A.115; and

     2.  Passed the written examination pursuant to NRS 625A.120.

     (Added to NAC by Bd. of Reg. Environmental Health Sp. by R049-16, eff. 6-21-2017)

     NAC 625A.017  Deadline for submission of application for renewal of registration and annual fee; effect of noncompliance. (NRS 625A.080, 625A.130)

     1.  A certificate of registration as an environmental health specialist expires 1 year from the date of issuance. An environmental health specialist must submit an application for renewal of a certificate of registration and the annual fee set forth in subsection 3 of NAC 625A.070, which must be received by the Board not later than 60 days after the date the certificate of registration expires.

     2.  Pursuant to subsection 3 of NRS 625A.115, a certificate of registration as an environmental health specialist trainee expires 3 years from the date the person initially becomes employed as a part of an approved training program. An environmental health specialist trainee must submit the annual fee set forth in subsection 3 of NAC 625A.070, which must be received by the Board not later than 60 days after the anniversary of the issuance of the certificate of registration.

     3.  The certificate of registration as an environmental health specialist or environmental health specialist trainee is automatically suspended if the specialist or trainee fails to comply with subsection 1 or 2, as applicable.

     (Added to NAC by Bd. of Reg. Environmental Health Sp. by R003-06, eff. 3-23-2007; A by R049-16, 6-21-2017)

     NAC 625A.020  Continuing education: Requirements for renewal of registration; effect of noncompliance; exceptions. (NRS 625A.080, 625A.150)

     1.  Except as otherwise provided in subsection 2:

     (a) Each environmental health specialist must complete 24 contact hours of continuing education during the 2 years immediately preceding the date on which the certificate of registration expires pursuant to subsection 1 of NAC 625A.017.

     (b) Except as otherwise provided in paragraph (c), each environmental health specialist must submit to the Board with his or her application for renewal of a certificate of registration proof of the contact hours of continuing education completed in the previous 2 years.

     (c) An environmental health specialist is not required to submit proof of any completed contact hours of continuing education with his or her initial application for the renewal of a certificate of registration.

     (d) The certificate of registration as an environmental health specialist who fails to comply with the provisions of paragraphs (a) and (b) is automatically suspended.

     2.  The requirement to complete continuing education does not apply to:

     (a) An environmental health specialist who has received an exemption pursuant to NRS 625A.150; or

     (b) An environmental health specialist trainee.

     (Added to NAC by Bd. for Registration of Pub. Health Sanitarians, eff. 2-19-91; A by Bd. of Reg. Environmental Health Sp. by R125-03, 3-26-2004; R003-06, 3-23-2007; R049-16, 6-21-2017)

     NAC 625A.025  Continuing education: Application by retiree for exemption from requirements. (NRS 625A.080, 625A.150)  An environmental health specialist who holds a certificate of registration and who wishes to be exempt from the requirements for continuing education set forth in NAC 625A.020 because he or she has retired and is no longer engaged in the practice of environmental health may request an exemption from the Board by submitting an attestation that he or she will no longer practice as an environmental health specialist in this State or represent to others that he or she is authorized to engage in the practice of environmental health in this State.

     (Added to NAC by Bd. of Reg. Environmental Health Sp. by R003-06, eff. 3-23-2007; A by R049-16, 6-21-2017)

     NAC 625A.030  Continuing education: Proof of completion; audits. (NRS 625A.080, 625A.150)

     1.  Each environmental health specialist who is required to complete a program of continuing education shall retain proof of completion of an approved course for 4 years after completion of the course.

     2.  Proof of completion of an approved course must be in the form of a transcript, certificate of completion or other document furnished by the organization which conducted the course.

     3.  The Board may conduct random audits of the proof of completion of environmental health specialists to ensure compliance with the requirements of this section and NAC 625A.020.

     (Added to NAC by Bd. for Registration of Pub. Health Sanitarians, eff. 2-19-91; A by Bd. of Reg. Environmental Health Sp. by R125-03, 3-26-2004; R049-16, 6-21-2017)

     NAC 625A.040  Reinstatement of suspended certificate of registration. [Effective until 2 years after the date of the repeal of the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.] (NRS 625A.080, 625A.100, 625A.130, 625A.150)  If the certificate of registration as an environmental health specialist has been suspended pursuant to the provisions of NRS 625A.130 or NAC 625A.017 or 625A.020, the Board will reinstate the certificate of registration after the environmental health specialist submits to the Board:

     1.  An application for reinstatement of the certificate of registration on a form approved by the Board.

     2.  The statement prescribed by the Division of Welfare and Supportive Services of the Department of Health and Human Services required pursuant to NRS 625A.105 if the environmental health specialist failed to submit the statement to the Board.

     3.  The annual fee for registration for each year in which the certificate of registration was suspended and for the year in which the environmental health specialist requests reinstatement.

     4.  A penalty fee of $100.

     5.  Proof of completion of the contact hours of continuing education required pursuant to NAC 625A.020 for the period in which the certificate of registration was suspended. Any contact hours of continuing education required to be completed during the period in which the certificate of registration was suspended must be completed within the 2 years immediately preceding the date of application for reinstatement.

     (Added to NAC by Bd. of Reg. Environmental Health Sp. by R125-03, eff. 3-26-2004; A by R003-06, 3-23-2007; R049-16, 6-21-2017)

     NAC 625A.040  Reinstatement of suspended certificate of registration. [Effective on the date 2 years after the date of the repeal of the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.] (NRS 625A.080, 625A.100, 625A.130, 625A.150)  If the certificate of registration as an environmental health specialist has been suspended pursuant to the provisions of NRS 625A.130 or NAC 625A.017 or 625A.020, the Board will reinstate the certificate of registration after the environmental health specialist submits to the Board:

     1.  An application for reinstatement of the certificate of registration on a form approved by the Board.

     2.  The annual fee for registration for each year in which the certificate of registration was suspended and for the year in which the environmental health specialist requests reinstatement.

     3.  A penalty fee of $100.

     4.  Proof of completion of the contact hours of continuing education required pursuant to NAC 625A.020 for the period in which the certificate of registration was suspended. Any contact hours of continuing education required to be completed during the period in which the certificate of registration was suspended must be completed within the 2 years immediately preceding the date of application for reinstatement.

     (Added to NAC by Bd. of Reg. Environmental Health Sp. by R125-03, eff. 3-26-2004; A by R125-03, 3-26-2004; R003-06, 3-23-2007; R049-16, 6-21-2017, effective on the date 2 years after the date of the repeal of the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings)

REVISER’S NOTE.

      The regulation of the Board of Registered Environmental Health Specialists filed with the Secretary of State on March 26, 2004 (LCB File No. R125-03), the source of this section, as amended by the regulation of the Board of Registered Environmental Health Specialists filed with the Secretary of State on March 23, 2007 (LCB File No. R003-06), contains the following provision not included in NAC:

      “Section 3 of this regulation [amending NAC 625A.040] becomes effective on the date 2 years after the date on which the provisions of 42 U.S.C. § 666 requiring each state to establish procedures under which the state has authority to withhold or suspend, or to restrict the use of professional, occupational and recreational licenses of persons who:

      (a) Have failed to comply with a subpoena or warrant relating to a procedure to determine the paternity of a child or to establish or enforce an obligation for the support of a child; or

      (b) Are in arrears in the payment for the support of one or more children,

Ê are repealed by the Congress of the United States.”

 

     NAC 625A.050  Provision of additional information or appearance before Board or member thereof before issuance, renewal or reinstatement. (NRS 625A.080)  Before the Board will issue, renew or reinstate, as applicable, a certificate of registration, the Board may require an applicant to:

     1.  Provide additional information; or

     2.  Appear before the Board or a member of the Board for an oral interview.

     (Added to NAC by Bd. of Reg. Environmental Health Sp. by R049-16, eff. 6-21-2017)

     NAC 625A.060  Practice authorized only under name in which certificate is held; change of name. (NRS 625A.080)

     1.  An environmental health specialist or environmental health specialist trainee may only engage in the practice of environmental health under the name in which the environmental health specialist or environmental health specialist trainee holds a certificate of registration issued by the Board.

     2.  If an environmental health specialist or environmental health specialist trainee changes his or her name after his or her certificate of registration is issued, he or she must submit to the Board, within 30 days after the change, a copy of a marriage certificate or court decree demonstrating that his or her name was legally changed. Upon receiving a copy of a marriage certificate or court decree, the Board will issue the environmental health specialist or environmental health specialist trainee a new certificate of registration with his or her legal name thereon.

     (Added to NAC by Bd. of Reg. Environmental Health Sp. by R049-16, eff. 6-21-2017)

     NAC 625A.070  Fees. (NRS 625A.080, 625A.130)  The fee required for:

     1.  An application for a certificate of registration as an environmental health specialist or environmental health specialist trainee is $250.

     2.  The initial issuance of a certificate of registration as an environmental health specialist or environmental health specialist trainee is $100.

     3.  The annual renewal of a certificate of registration is $100.

     4.  The reexamination of an applicant is $50.

     (Added to NAC by Bd. of Reg. Environmental Health Sp. by R049-16, eff. 6-21-2017)

DISCIPLINARY ACTIONS

     NAC 625A.100  Initiation, contents and review of complaint. (NRS 625A.080)

     1.  Any person who believes that a person who holds a certificate of registration as an environmental health specialist or environmental health specialist trainee has violated a provision of this chapter or chapter 625A of NRS may file a complaint with the Board on a form provided by the Board.

     2.  The Board may, on its own, initiate a complaint against a person who holds a certificate of registration as an environmental health specialist or environmental health specialist trainee if the Board believes that the person has violated a provision of this chapter or chapter 625A of NRS.

     3.  A complaint filed against a person pursuant to this section must, without limitation:

     (a) Identify one or more grounds for disciplinary action against the person; and

     (b) Set forth a statement of facts that contains sufficient detail to enable the Board to understand the allegations.

     4.  Upon receipt of a complaint filed against a person pursuant to this section, the Chair of the Board or a person designated by the Chair who is employed pursuant to NRS 625A.055 shall:

     (a) In consultation with an attorney employed pursuant to NRS 625A.055, review the complaint and determine whether the complaint has merit and therefore warrants an investigation; and

     (b) Present to the Board any such complaint determined to have merit.

     (Added to NAC by Bd. of Reg. Environmental Health Sp. by R017-17, eff. 9-21-2017)

     NAC 625A.110  Authority of Board to require supervisor of trainee to accompany trainee to proceeding. (NRS 625A.080)  During any proceeding held by the Board concerning a complaint filed against an environmental health specialist trainee pursuant to NAC 625A.100, the Board may require any environmental health specialist who provided to the environmental health specialist trainee supervision or training relating to the allegations contained in the complaint to accompany the environmental health specialist trainee to the proceeding.

     (Added to NAC by Bd. of Reg. Environmental Health Sp. by R017-17, eff. 9-21-2017)

     NAC 625A.120  Witness fees and reimbursement. (NRS 625A.080)

     1.  A witness who participates in any proceeding held by the Board is entitled to be paid:

     (a) A fee in the same amount set forth in paragraph (a) of subsection 1 of NRS 50.225 for each day’s attendance; and

     (b) At the standard mileage reimbursement rate for which a deduction is allowed for the purposes of federal income tax for each mile necessarily and actually traveled from and returning to the place of residence by the shortest and most practical route.

     2.  The payment to which a witness is entitled pursuant to subsection 1 will be paid by the Board.

     (Added to NAC by Bd. of Reg. Environmental Health Sp. by R017-17, eff. 9-21-2017)