43-43 Environmental Health Practitioners - North Dakota Statutes

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CHAPTER 43-43ENVIRONMENTAL HEALTH PRACTITIONERS43-43-01. Definitions. As used in this chapter, unless the context or subject matterotherwise requires:1."Advisory board" means the following or their appointed agents: state health officer
as chairperson, the commissioner of the North Dakota department of agriculture,
and the president of the North Dakota environmental health association. The state
health officer shall appoint one agent of a district or local health unit environmental
health practitioner and one consumer.2."Environmental health practitioner" means a person who, by environmental health
science education and experience, is qualified and licensed under this chapter to
practice environmental health.3."Practice of environmental health" means any service or work, such as consultation,
investigation, evaluation, surveys, and inspections in the environmental program
areas of food, beverage, housing, and lodging sanitation.43-43-02. Licensure required. No person may engage in the practice of environmentalhealth, nor use the title "environmental health practitioner" or the initials "E.H.P." or otherwise
hold out as able to engage in the practice of environmental health unless the person is licensed
pursuant to this chapter.43-43-03. Advisory board duties and compensation. The advisory board shall meetat the request of the state health officer to assist in implementation of duties as defined in section
43-43-04. The advisory board must be reimbursed for any necessary expenses, but shall serve
without further compensation except as may be authorized and fixed by the state health officer by
rule.43-43-04. Powers and duties of state health officer. The state health officer shalladopt rules consistent with and necessary for the implementation and enforcement of this
chapter, including rules concerning the:1.Qualifications and requirements for licensure under this chapter.2.Application for licensure and renewal of license.3.Licensure.4.Fees that may not exceed fifty dollars for licensure fees.5.Scope of practice.6.Ethical standards of conduct.7.Continuing competency and education requirements.8.Grievances and complaints.9.Reimbursement of advisory board expenses.10.Emergency exemptions as to requirements for licensure under this chapter.11.Qualifications and requirements for specialty licenses or credentials within the scope
of practice of an environmental health practitioner, including specialty licenses or
credentials for limited practice areas.Page No. 143-43-05.Exception from requirements.The state health officer must license allpersons actually engaged in the practice of environmental health in this state upon receipt of
proof of a bona fide practice in this state; however, the applicant must file an application and
present such proof prior to July 1, 1986, or become subject to licensure requirements of this
chapter.43-43-06.Environmental health practitioner licensure fee administration fund.There must be maintained in the state treasury a special fund to be known as the environmental
health practitioner licensure fee administrative fund. All money deposited or paid into this fund
must be continuously available to the state health officer for reimbursement to the advisory
board, and may not lapse at any time or be transferred to any other fund. The fund must consist
of any money collected by the state health officer in accordance with section 43-43-04.43-43-07. Denial, suspension, revocation of license. The state health officer mayrefuse to issue or renew a license or may suspend or revoke a license when the licensee or
applicant for license has engaged in unprofessional conduct. Unprofessional conduct includes:1.Obtaining a license by means of fraud, misrepresentation, or concealment of
material facts.2.Engaging in unprofessional conduct, as defined by the rules adopted by the state
health officer, or violating the code of ethics adopted by the state health officer.3.Conviction of an offense, as defined by section 12.1-01-04, determined by the state
health officer to have a direct bearing on the person's ability to serve the public in the
capacity of a licensed environmental health practitioner; or the state health officer
determines that such applicant or licensee, following conviction of any offense, is not
sufficiently rehabilitated under section 12.1-33-02.1.4.Violation of any order or rule adopted by the state health officer.5.Violation of this chapter.The person may apply to the state health officer for reinstatement after one year from the date of
revocation of a license.The state health officer may accept or reject an application forreinstatement, or may require conditions and an examination for reinstatement.43-43-08.Penalty.Any person who violates this chapter is guilty of a class Bmisdemeanor.Page No. 2Document Outlinechapter 43-43 environmental health practitioners