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| Montana Administrative Register Notice 24-217-1 | No. 23 12/08/2023 | |
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BEFORE THE DEPARTMENT OF LABOR AND INDUSTRY STATE OF MONTANA
TO: All Concerned Persons
1. On January 4, 2024, at 9:00 a.m., a public hearing will be held via remote conferencing to consider the proposed changes to the above-stated rules. There will be no in-person hearing. Interested parties may access the remote conferencing platform in the following ways: a. Join Zoom Meeting, https://mt-gov.zoom.us/j/89224266314 Meeting ID: 892 2426 6314, Passcode: 303704 -OR- b. Dial by telephone, +1 406 444 9999 or +1 646 558 8656 Meeting ID: 892 2426 6314, Passcode: 303704
2. The Department of Labor and Industry (department) will make reasonable accommodations for persons with disabilities who wish to participate in this public hearing or need an alternative accessible format of this notice. If you require an accommodation, contact the department no later than 5:00 p.m., on December 28, 2023, to advise us of the nature of the accommodation that you need. Please contact the department at P.O. Box 1728, Helena, Montana 59624-1728; telephone (406) 444-5466; Montana Relay 711; or e-mail [email protected].
3. GENERAL REASONABLE NECESSITY: In support of the Governor's Red Tape Relief Initiative, the Department of Labor and Industry (department) is conducting comprehensive reviews of the administrative rules of the professional licensing boards and programs administratively attached to the department. This review focuses on updating rules to current standards and procedures, and eliminating unnecessary, redundant, and overburdensome regulations and those duplicated in statute. Other changes replace out-of-date terminology for current language and processes, and amend rules and catchphrases for accuracy, consistency, simplicity, better organization, and ease of use for customers and staff. The streamlined rules will increase department efficiencies by further standardizing procedures used among all licensing boards and programs. The 2023 Montana Legislature enacted Chapter 484, Laws of 2023 (Senate Bill (SB) 457), an act generally revising laws related to sanitarians and sanitarians-in-training and transferring regulatory oversight from the Board of Sanitarians to a department program. The bill was signed by the Governor on May 8, 2023, and became effective October 1, 2023. It is reasonably necessary to repeal the board's rules and adopt new, updated program rules to implement the bill. The department determined it is reasonably necessary to repeal thirteen rules and adopt five new rules to align with the Red Tape Relief Initiative and implement the 2023 legislative changes. The new program rules will be placed in a new ARM chapter. Where additional specific bases for a proposed action exist, the department will identify those reasons immediately following the specific rule.
4. The proposed new rules are as follows:
NEW RULE I FEE SCHEDULE (1) Application $200 (2) Renewal 175 (3) Additional standardized fees are in ARM 24.101.403. (4) All fees are nonrefundable.
AUTH: 37-40-203, MCA IMP: 37-40-301, 37-40-302, MCA
REASON: The department is repealing ARM 24.216.402 and replacing it with this new rule. The department is eliminating inactive status for this program because the historically consistent small number of inactive sanitarians does not justify the staffing and costs associated with monitoring and renewing them. Because practicing under a sanitarian-in-training permit is a step within the sanitarian application process, it is reasonable to have only a single application. All applicants will utilize a sanitarian application and those wanting to work while completing the microbiology course and examination will receive a sanitarian-in-training permit. This change also streamlines the application process and eliminates redundancy for applicants. As of July 1, 2023, the board's cash balance is $130,836 and its appropriation is $47,027. The board currently has excessive cash in violation of 17-2-302, MCA. Following the shift from board to program, the department will abate fees in fiscal year (FY) 2024 and 2025, which will reduce the cash balance by $21,515 in FY 2024 and $22,652 in FY 2025. At the beginning of FY 2026, the program is projected to have $86,669, which is within the statutory limit of $94,054. The department is proposing to reduce renewal fees by 35% to help ensure the program's cash balance stays within statutory parameters. The department estimates the cumulative fee changes will affect approximately 190 applicants/licensees and result in a $21,170 reduction in annual revenue.
NEW RULE II EXAMINATION (1) Sanitarian applicants must pass the National Environmental Health Association (NEHA) examination or its equivalent.
AUTH: 37-40-203, MCA IMP: 37-40-302, MCA
REASON: The department is repealing ARM 24.216.503 and replacing it with this simplified rule. The required examination and process are not changed.
NEW RULE III EDUCATION EQUIVALENCY (1) An equivalent degree per 37-40-302, MCA, is a bachelor's degree from an accredited college or university having a minimum of 45 quarter or 30 semester hours in the physical and biological sciences, including courses in chemistry, biology, and at least one general microbiology course. Acceptable general microbiology courses must focus on basic microbiology concepts including the activities of bacteria, viruses, and other microorganisms, and their impact on humans. Courses focusing primarily on cellular biochemistry, cellular genetics, and intracellular functions are not acceptable.
AUTH: 37-40-203, MCA IMP: 37-40-302, MCA
REASON: It is reasonably necessary to adopt this rule to replace ARM 24.216.502. This new rule clearly states the education considered equivalent to a bachelor's degree in environmental health in 37-40-302(2), MCA.
NEW RULE IV SANITARIAN-IN-TRAINING (1) Applicants meeting all licensure qualifications except for the approved microbiology course per [NEW RULE III] will be issued a sanitarian-in-training permit and must pass the microbiology course during the one-year permit period. (2) Sanitarians-in-training who work must do so under the supervision of a registered sanitarian. (a) Applicants must provide the supervisor's name and description of the expected work experience to the department. (b) "Supervision" means the supervisor is available for immediate communication and consultation.
AUTH: 37-40-203, MCA IMP: 37-40-203, MCA
REASON: It is reasonably necessary to repeal ARM 24.216.506 and replace it with this rule to provide the requirements for working under a sanitarian-in-training permit. Applicants may or may not work while completing the microbiology course and supervised experience is not a licensure requirement. It is reasonable to eliminate the supervision plan and final record of supervision requirements and instead require the supervisor's name and a description of the work experience.
NEW RULE V UNPROFESSIONAL CONDUCT (1) In addition to the provisions of 37-1-410, MCA, it is unprofessional conduct for registered sanitarians and sanitarians-in-training to: (a) violate a federal, state, or local law or rule relating to the conduct of the profession; (b) fail to cooperate with or respond to a department request; (c) fail to properly supervise a sanitarian-in-training; and (d) commit any act of sexual abuse, misconduct, or exploitation whether or not it is related to the licensee's practice.
AUTH: 37-40-203, MCA IMP: 37-1-410, MCA
REASON: The department is repealing ARM 24.216.2301 and replacing it with this simplified unprofessional conduct rule. This new rule eliminates unnecessary duplication with the unprofessional conduct statute, 37-1-410, MCA. Instead of stating specific state or federal regulations to follow, the department is including (1)(a) to require that licensees comply with all applicable laws and regulations related to the conduct of the sanitarian profession.
5. The rules proposed to be repealed are as follows:
24.216.101 BOARD ORGANIZATION
AUTH: 2-4-201, MCA IMP: 2-4-201, MCA
REASON: It is reasonably necessary to repeal this rule, ARM 24.216.201, and 24.216.202 to implement SB 457 which eliminated the board and transferred regulation of sanitarians and sanitarians-in-training to the department. There is no need to incorporate the department's own rules.
24.216.201 PROCEDURAL RULES
AUTH: 2-4-201, MCA IMP: 2-4-201, MCA
24.216.202 PUBLIC PARTICIPATION
AUTH: 2-3-103, MCA IMP: 2-3-103, MCA
24.216.402 FEE SCHEDULE
AUTH: 37-1-134, 37-40-203, MCA IMP: 37-1-134, 37-1-141, 37-40-301, 37-40-302, MCA
REASON: The department is repealing this rule and replacing it with NEW RULE I. See REASON for NEW RULE I.
24.216.502 MINIMUM STANDARDS FOR SANITARIANS AND SANITARIANS-IN-TRAINING
AUTH: 37-1-131, 37-40-203, MCA IMP: 37-40-302, MCA
REASON: The department is repealing this rule and replacing it with NEW RULE III. See REASON for NEW RULE III.
24.216.503 EXAMINATION
AUTH: 37-1-131, 37-40-203, MCA
REASON: The department is repealing this rule and replacing it with NEW RULE II. See REASON for NEW RULE II.
24.216.506 SANITARIAN-IN-TRAINING
AUTH: 37-1-131, 37-40-203, MCA IMP: 37-1-131, 37-40-101, 37-40-203, MCA
REASON: The department is repealing this rule and replacing it with NEW RULE IV. See REASON for NEW RULE IV.
24.216.508 MILITARY TRAINING OR EXPERIENCE
AUTH: 37-1-145, MCA IMP: 37-1-145, MCA
REASON: The 2023 Montana Legislature enacted Chapter 390, Laws of 2023 (House Bill 583), an act generally revising licensing and certification laws for military members, military spouses, and veterans. The bill was signed by the Governor on May 3, 2023, and will be effective July 1, 2024. It is reasonably necessary to repeal this rule to align with the bill's amendments to 37-1-145, MCA. The amended statute provides for all boards and programs to accept relevant military education, training, or service toward license qualifications. Specific board or program rules are no longer needed.
24.216.511 NONROUTINE APPLICATIONS
AUTH: 37-1-131, MCA
REASON: It is reasonably necessary to repeal this rule and ARM 24.216.512 to implement SB 457 which eliminated the board and transferred regulation of sanitarians and sanitarians-in-training to the department. There is no need to incorporate the department's own rules.
24.216.512 APPLICANTS WITH CRIMINAL CONVICTIONS
AUTH: 37-1-131, MCA
24.216.2102 CONTINUING EDUCATION
AUTH: 37-1-319, 37-40-203, MCA
REASON: The department is repealing this rule and eliminating continuing education (CE) requirements for registered sanitarians. There is no conclusive proof that requiring CE results in safer sanitarians. Additionally, the majority of Montana licensed sanitarians hold the National Environmental Health Association (NEHA) credential which requires completion of 24 hours of CE every two years. The department believes that licensees will continue to obtain the education and training necessary to maintain high standards of practice.
24.216.2104 INACTIVE STATUS AND CONVERSION FROM INACTIVE TO ACTIVE STATUS
AUTH: 37-1-319, 37-40-203, MCA IMP: 37-1-319, 37-40-301, 37-40-302, MCA
REASON: It is reasonably necessary to repeal this rule and eliminate inactive status for registered sanitarians. The historically consistent small number of inactive SAN licensees does not justify the staffing and costs associated with monitoring and renewing them.
24.216.2301 UNPROFESSIONAL CONDUCT
AUTH: 37-1-319, 37-40-203, MCA IMP: 37-1-316, 37-1-319, 37-40-203, MCA
REASON: The department is repealing this rule and replacing it with NEW RULE V. See REASON for NEW RULE V.
6. Concerned persons may present their data, views, or arguments at the hearing. Written data, views, or arguments may also be submitted at dli.mt.gov/rules or P.O. Box 1728; Helena, Montana 59624. Comments must be received no later than 5:00 p.m., January 5, 2024.
7. An electronic copy of this notice of public hearing is available at dli.mt.gov/rules and at sosmt.gov/ARM/register.
8. The agency maintains a list of interested persons who wish to receive notices of rulemaking actions proposed by the agency. Persons wishing to have their name added to the list may sign up at dli.mt.gov/rules or by sending a letter to P.O. Box 1728; Helena, Montana 59624 and indicating the program or programs about which they wish to receive notices.
9. The bill sponsor contact requirements of 2-4-302, MCA, apply and have been fulfilled. The primary bill sponsor was contacted on May 26, 2023, by electronic mail.
10. Pursuant to 2-4-111, MCA, the agency has determined that the rule changes proposed in this notice will not have a significant and direct impact upon small businesses.
11. Department staff has been designated to preside over and conduct this hearing.
Certified to the Secretary of State November 28, 2023.
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A directory of state agencies is available online at http://www.mt.gov/govt/agencylisting.asp.
For questions about the organization of the ARM or this web site, contact [email protected].
