WES MOORE, Governor Ch. 319
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Chapter 319
(House Bill 273)
AN ACT concerning
Health Occupations – Environmental Health Specialists – Revisions
FOR the purpose of altering the definition of “practice as an environmental health
specialist”; altering the education requirements for an applicant for licensure as an
environmental health specialist; authorizing the Board of Environmental Health
Specialists to approve an examination provider to administer the licensure
examination; altering the grounds for which the Board may take disciplinary action
against an applicant or a licensee; altering certain procedures relating to the review
of a final decision of the Board; and generally relating to environmental health
specialists.
BY repealing and reenacting, without amendments,
Article – Health Occupations
Section 21–101(a)
Annotated Code of Maryland
(2021 Replacement Volume and 2022 Supplement)
BY repealing and reenacting, with amendments,
Article – Health Occupations
Section 21–101(i), 21–304, and 21–312, and 21–314
Annotated Code of Maryland
(2021 Replacement Volume and 2022 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:
Article – Health Occupations
21–101.
(a) In this title the following words have the meanings indicated.
(i) “Practice as an environmental health specialist” 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:
Ch. 319 2023 LAWS OF MARYLAND
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(1) The manufacture, preparation, handling, distribution, or sale of food
and milk;
(2) Water supply and treatment;
(3) Wastewater treatment and disposal;
(4) Solid waste management and disposal;
(5) Vector control;
(6) Insect and rodent control;
(7) Air quality;
(8) Noise control;
(9) Product safety;
(10) Recreational sanitation; [and]
(11) Institutional and residential sanitation; AND
(12) ASPECTS RELATED TO PU BLIC HEALTH EMERGENC Y
PREPAREDNESS .
21–304.
(a) An applicant who otherwise qualifies for licensure is entitled to be examined
as provided in this section.
(b) An applicant qualifies to take the examination if the applicant:
(1) (i) Has graduated from an accredited college or university with a
baccalaureate degree [in the chemical, physical, biological, or environmental sciences, as
defined in regulation, including] THAT INCLUDES :
1. A minimum of [60] 30 semester credit hours or the
equivalent quarter credit hours of chemical, physical, biological, and environmental
sciences acceptable to the Board [which includes at least one laboratory course in two of
the following fields:
A. Chemistry;
B. Physics; WES MOORE, Governor Ch. 319
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C. Biology;
D. Geographic information systems; or
E. Soil science; and];
2. A course in mathematics; and
3. LABORATORY COURSEWORK AS REQUIRED IN
REGULATIONS ADOPTED BY THE BOARD; AND
(ii) Has obtained 12 months of experience in an environmental
health specialist–in–training program approved by the Board; OR
(2) [(i) Has graduated from an accredited college or university with a
baccalaureate degree that includes:
1. 30 semester credit hours or the equivalent quarter credit
hours in the chemical, physical, biological, and environmental sciences acceptable to the
Board, which includes at least one laboratory course in two of the following fields:
A. Chemistry;
B. Physics;
C. Biology;
D. Geographic information systems; or
E. Soil science; and
2. A course in mathematics; and
(ii) Has obtained 24 months of experience in an environmental
health specialist–in–training program approved by the Board; or
(3)] Has graduated from an accredited college or university with a master’s
degree in public or environmental health science that includes:
(i) A MINIMUM OF 30 semester credit hours or 45 quarter credit
hours of chemical, physical, biological, or environmental sciences acceptable to the Board
and obtained at the baccalaureate or master’s level[, which includes at least one laboratory
course in two of the following fields:
1. Chemistry; Ch. 319 2023 LAWS OF MARYLAND
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2. Physics;
3. Biology;
4. Geographic information systems; or
5. Soil science];
(ii) A course in mathematics; [and]
(iii) 3 months of internship approved by the Board if not previously
completed; AND
(IV) LABORATORY COURSEWORK AS REQUIRED IN
REGULATIONS ADOPTED BY THE BOARD.
(c) (1) This subsection does not alter the requirement that an applicant
demonstrate completion of a baccalaureate or master’s degree to qualify for examination.
(2) The Board may waive any of the specific course requirements for an
applicant to qualify for examination in subsection (b) of this section if the Board determines
that an applicant:
(i) Has obtained an equivalent number of credit hours in a course
relevant to practice as an environmental health specialist; or
(ii) Has work experience that is an acceptable substitute for a course
required in subsection (b) of this section.
[(3) The Board may waive the experience requirement in subsection
(b)(2)(ii) of this section if the Board determines that an applicant:
(i) Has obtained at least 12 months of experience in an
environmental health specialist–in–training program; and
(ii) Has the written support of the applicant’s employer.]
(d) The examination REQUIRED BY THE BOARD shall include a written
examination in the physical, biological, and environmental sciences that relates to practices
and principles of environmental health.
(e) The Board shall [give]:
WES MOORE, Governor Ch. 319
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(1) ADMINISTER ADMINISTER examinations to applicants at least once a
year, at the times and places that the Board determines; OR
(2) APPROVE AN EXAMINATIO N PROVIDER TO ADMINISTER THE
EXAMINATION TO APPLI CANTS AT LEAST ONCE PER YEAR, AT THE TIME AND PLAC E
THAT THE PROVIDER DE TERMINES.
(f) The Board shall notify each qualified applicant of [the time]:
(1) IF THE EXAMINATION IS ADMINISTERED BY THE BOARD, THE TIME
and place of examination; OR
(2) IF THE EXAMINATION IS ADMINISTERED BY AN E XAMINATION
PROVIDER APPROVED UN DER SUBSECTION (E)(2) OF THIS SECTION , THE
REGISTRATION PROCEDU RE FOR THE EXAMINATI ON.
(g) IF THE BOARD ADMINISTERS THE EXAMINATION , THE THE BOARD
SHALL:
(1) [Except as otherwise provided in this subtitle, the Board shall
determine] DETERMINE the subjects, scope, form, and passing score for examinations
[given under this subtitle.]; AND
(2) [The Board shall use] USE professional examinations prepared by
recognized examination agencies.
(h) [(1)] An applicant who fails an examination may retake the examination as
provided in the rules and regulations adopted by the Board.
[(2) An applicant for reexamination shall:
(i) Submit to the Board an application on the form the Board
requires; and
(ii) Pay to the Board a reexamination fee set by the Board.]
(i) The Board may waive any examination requirement under this section if the
Board recognizes the applicant as being outstanding in the field of environmental health.
21–312.
(a) The Board shall adopt a code of ethics designed to protect the public’s interest.
(b) Subject to the hearing provisions of § 21–313 of this subtitle, the Board, on the
affirmative vote of a majority of its full authorized membership, may deny any applicant Ch. 319 2023 LAWS OF MARYLAND
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licensure, reprimand any licensee, or place any individual who is licensed on probation, or
suspend or revoke a license, if the applicant or licensee:
(1) Fraudulently or deceptively obtains or attempts to obtain a license for
the applicant or license holder or another;
(2) Fraudulently or deceptively uses a license;
(3) Knowingly violates any provision of this title, or any rule or regulation
adopted under this title;
(4) Commits any gross negligence, MISFEASANCE , MALFEASANCE ,
incompetence, or misconduct while performing the duties of an environmental health
specialist;
(5) Is convicted of or pleads guilty or nolo contendere to a felony or to a
crime involving moral turpitude, whether or not any appeal or other proceeding is pending
to have the conviction or plea set aside;
(6) Provides professional services while:
(i) Under the influence of alcohol; or
(ii) Using any narcotic or controlled dangerous substance, as defined
in § 5–101 of the Criminal Law Article, or other drug that is in excess of therapeutic
amounts or without valid medical indication;
(7) Is disciplined by a licensing or disciplinary authority of any other state
or country or convicted or disciplined by a court of any state or country for an act that would
be grounds for disciplinary action under the Board’s disciplinary statutes;
(8) Willfully makes or files a false report or record while performing the
duties of an environmental health specialist;
(9) Willfully fails to file or record any report as required by law, willfully
impedes or obstructs the filing or recording of the report, or induces another to fail to file
or record the report;
(10) Submits a false statement to collect a fee;
(11) Promotes the sale of land, devices, appliances, or goods provided for a
person in such a manner as to exploit the person for financial gain of the licensed
environmental health specialist;
(12) Willfully alters a sample, specimen, or any test procedure to cause the
results upon analysis to represent a false finding; WES MOORE, Governor Ch. 319
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(13) Violates any rule or regulation adopted by the Board;
(14) Uses or promotes or causes the use of any misleading, deceiving, or
untruthful advertising matter, promotional literature, or testimonial;
(15) Is professionally, physically, or mentally incompetent; or
(16) Fails to cooperate with a lawful investigation conducted by the Board.
(c) Except as provided in subsection (d) of this section, any person, including a
Board employee, may make a written, specific charge of a violation under this section, if
the person:
(1) Swears to the charge; and
(2) Files the charge with the Board secretary.
(d) (1) If a licensed environmental health specialist knows of an action or
condition that might be grounds for action under subsection (b) of this section, the licensed
environmental health specialist shall report the action or condition to the Board.
(2) An individual shall have the immunity from liability described under §
5–702 of the Courts Article for making a report as required by this subsection.
21–314.
(A) Except as provided in this section for an action under § 21–312 of this subtitle,
any person aggrieved by a final decision of the Board in a contested case, as defined in §
10–202 of the State Government Article, may [take an appeal] PETITION FOR JUDICIA L
REVIEW as allowed [in §§ 10–222 and 10–223 of the State Government Article] BY THE
ADMINISTRATIVE PROCEDURE ACT.
(B) ANY PERSON AGGRIEVED BY A FINAL DECISION O F THE BOARD UNDER
§ 21–312 OF THIS SUBTITLE MAY NOT APPEAL TO THE SECRETARY BUT MAY TAK E A
DIRECT JUDICIAL APPE AL AS PROVIDED IN TH E ADMINISTRATIVE PROCEDURE ACT.
(C) AN ORDER OF THE BOARD MAY NOT BE STAY ED PENDING JUDICIAL
REVIEW.
(D) THE BOARD MAY APPEAL ANY DECISION THAT REVERS ES OR MODIFIES
ITS ORDER.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
October July 1, 2023.
Ch. 319 2023 LAWS OF MARYLAND
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Approved by the Governor, May 3, 2023.