# COMAR Title 26 — Department of the Environment

## Subtitle 07 — Board of Environmental Sanitarians

### Chapter 01 — General Regulations

**Authority:** Environment Article, §§11-101, 11-205, 11-305, 11-307, 11-309, 11-314, and 11-315, Annotated Code of Maryland

**Administrative History:** Effective date: September 8, 1986 (13:18 Md. R. 2021)

**Administrative History:** Chapter recodified from COMAR 10.55.01 to COMAR 26.07.01

**Administrative History:** Regulation .01B amended effective October 15, 1990 (17:20 Md. R. 2431)

**Administrative History:** Regulation .05 amended effective October 15, 1990 (17:20 Md. R. 2431)

**Administrative History:** Regulation .06 repealed and new Regulation .06 adopted effective October 15, 1990 (17:20 Md. R. 2431)

**Administrative History:** Regulation .07 amended effective October 15, 1990 (17:20 Md. R. 2431)

**Administrative History:** Regulations .01—.07 repealed and new Regulations .01—.05 adopted effective January 1, 1997 (23:26 Md. R. 1861)

**Administrative History:** Regulation .01B amended effective December 15, 1997 (24:25 Md. R. 1719); June 19, 2006 (33:12 Md. R. 998)

#### Regulation .01 Definitions.

*COMAR 26.07.01.01*

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.

#### Regulation .02 Prohibitions.

*COMAR 26.07.01.02*

A. An individual may not practice as an environmental sanitarian in the State unless the individual:

  (1) Is licensed by the Board; or

  (2) Is employed under a valid sanitarian-in-training certificate or a certificate of eligibility for supervised training issued by the Board.

B. An individual may not practice as an environmental sanitarian under a sanitarian-in-training certificate for more than a total of 3 years, unless approved by the Board in accordance with COMAR 26.07.02.05D(3).

#### Regulation .03 Licensing and Examination.

*COMAR 26.07.01.03*

A. The Board shall license an applicant if the applicant:

  (1) Qualifies for examination as provided in §B of this regulation;

  (2) Takes and passes the examination;

  (3) Has not committed an act which, under COMAR 26.07.04.01, would subject the applicant to disciplinary action by the Board; and

  (4) Pays the necessary fees.

B. An applicant is eligible to take the examination if the applicant has satisfied one of the following combinations of education and experience:

  (1) Combination 1:

    (a) Graduated from an accredited college or university with a baccalaureate degree in environmental science or environmental health, and

    (b) Obtained 12 months of experience in a sanitarian-in-training program approved by the Board;

  (2) Combination 2:

    (a) Graduated from an accredited college or university with a baccalaureate degree in the physical, biological or environmental sciences including:

      (i) A minimum of 60 semester credits or the equivalent quarter credits of physical, biological, and environmental sciences acceptable to the Board, which includes at least one laboratory course in two of the following fields: chemistry, physics, and biology, and

      (ii) A course in mathematics; and

    (b) Obtained 12 months of experience in a sanitarian-in-training program approved by the Board;

  (3) Combination 3:

    (a) Graduated from an accredited college or university with a baccalaureate degree that includes:

      (i) 30 semester credits or the equivalent in quarter credits in the physical, biological, and environmental sciences acceptable to the Board, which includes at least one laboratory course in two of the following fields: chemistry, physics, and biology, and

      (ii) A course in mathematics; and

    (b) Obtained 24 months of experience in a sanitarian-in-training program approved by the Board; or

  (4) Combination 4:

    (a) Graduated from an accredited college or university with a master's degree in public or environmental health science that includes:

      (i) 30 semester credits or 45 quarter credits of physical, biological, or environmental sciences acceptable to the Board, which includes at least one laboratory course in two of the following fields: biology, chemistry, and physics, and

      (ii) A course in mathematics; and

    (b) Completed an internship.

#### Regulation .04 Waivers.

*COMAR 26.07.01.04*

A. The Board may waive the examination requirement under Regulation .03 of this chapter if the applicant:

  (1) Is a Diplomate of the American Academy of Sanitarians, or has received an equivalent recognition from a credentialing body which is acceptable to the Board;

  (2) Is licensed to practice as an environmental sanitarian in a state with which the Board has made a reciprocal agreement as described in §C of this regulation; or

  (3) Provides evidence that the applicant has satisfied the education and experience requirements set forth in Regulation .03 of this chapter, and has passed an examination in another state that is substantially equivalent to the Board's examination.

B. An applicant who satisfies §A of this regulation shall pay to the Board the application and license fees established by COMAR 26.07.02.09 before receiving a license.

C. The Board may make a reciprocal agreement with any other state to waive the examination requirement for an applicant who is licensed to practice as an environmental sanitarian in that state, if, under the agreement:

  (1) The other state waives the examination requirement for licensed environmental sanitarians of Maryland to a similar extent; and

  (2) Applicants from the reciprocal state satisfy the provisions of §A of this regulation.

#### Regulation .05 Sanitarian-In-Training Program.

*COMAR 26.07.01.05*

A. The purpose of a sanitarian-in-training program shall be to prepare the sanitarian-in-training to:

  (1) Perform in a competent manner assigned job duties and responsibilities which constitute practice as an environmental sanitarian; and

  (2) Demonstrate proficiency in all areas of environmental health on a written examination administered by the Board.

B. At a minimum, a sanitarian-in-training program shall:

  (1) Provide the sanitarian-in-training with approved experience that is in accordance with §D of this regulation and which includes the following:

    (a) Conducting inspections and investigations,

    (b) Collecting and analyzing data,

    (c) Making decisions necessary to secure compliance with federal, State, and local laws and regulations that relate to control of the public health aspects of the environment, and

    (d) Reviewing and approving plans for compliance or process changes;

  (2) Provide the sanitarian-in-training with an opportunity for formal education and training in the study areas identified by the Board under §E of this regulation; and

  (3) Be approved by the Board.

C. The environmental health sponsor of a Board-approved sanitarian-in-training program shall certify in writing to the Board each major component of employment of the sanitarian-in-training.

D. Experience Requirements.

  (1) Only approved experience obtained under the direction of the environmental health sponsor shall be credited toward the experience requirements of a sanitarian-in-training program.

  (2) The amount of approved experience required for each sanitarian-in-training program shall be in accordance with Regulation .03B of this chapter.

  (3) The Board may approve, as part of an internship program, experience that was obtained to satisfy the degree requirements of an academic institution.

  (4) Approved experience shall be credited to a sanitarian-in-training program as follows:

    (a) 12 months of experience shall equal 12 calendar months of full-time employment of at least 40 hours per week; and

    (b) Experience gained at rates other than those in §D(4)(a) of this regulation shall be credited on a prorated basis.

  (5) Except as provided in §D(3) of this regulation, approved experience does not include:

    (a) Experience obtained to satisfy the degree requirements of an academic institution;

    (b) Experience gained at the rate of less than 2 months per calendar year; or

    (c) Experience obtained during a time period in which the sanitarian-in-training's job performance has been rated as unsatisfactory in writing by that individual's supervisor.

E. Training and Education.

  (1) The Board shall identify each of the study areas on the license examination and the approximate number of questions that the examination contains for each area.

  (2) The Board shall, upon request, classify approved training into the study areas identified under §E(1) of this regulation.