079.00.76 Ark. Code R. § 001 - Rules and Regulations Pertaining to General Sanitation

Regulation 1. MEETINGS OF THE BOARD

The Board shall hold its regular meetings as follows:

The fourth Friday in January, April, July, and October. The Board shall have the power to call special meetings at such times as a quorum of the Board shall deem necessary. It may meet at such places as a majority may agree upon giving due consideration to the convenience of the Board and the applicants for examination or reciprocity.

Regulation 2.COMPLAINTS-HEARING-APPEAL

Any person may file a complaint with the Board against any person having a license to practice as a Registered Sanitarian in this state charging him with:

(1) Failure to have the necessary qualifications as set out in Ark. State. 71-1608 of this Act, and

(2) With the commission of any of the offenses enumerated and described as unprofessional conduct in Ark. Stat. 71-1617.

The said complaint shall set forth a specification of charges in sufficient detail that the person so accused shall have full and complete disclosure to him of any alleged acts of misconduct, impropriety or lack of qualifications. When such complaint is filed, the Secretary of the Board shall mail a copy thereof to the person so accused by registered mail, at his last address of record with a written notice of the time and place of the hearing thereon advising him that he may be present in person and by counsel if he so desires, to offer evidence and be heard in his defense. The time fixed for such hearing shall not be less than 20 days from the date of the mailing of the notice.

At the time and place fixed for a hearing before the Board, the Board shall receive evidence upon the subject under consideration and shall accord the person against whom charges are preferred a full and fair opportunity to be heard in his defense. The Board shall not be bound by strict or technical rules of evidence, but shall consider all evidence fully and fairly, provided however, that all oral testimony considered by the Board must be under oath. If the person so charged be found not guilty of these things and matters with which he is charged the Board shall dismiss the charges or complaint, but should such person be found guilty, the Board shall (a) revoke his license: (b) suspend his license for a period not to exceed one year: or (c) grant him probation under terms and conditions to be determined by it for the best interest of the person so charged and the people of the State of Arkansas. Appeal may be had by either of the parties from the decision of the Board in the manner now provided by law. All evidence considered by the Board shall be reduced to writing and available for the purpose of appeal or certiorari to any of the parties of said hearing. Nothing herein shall be construed so as to deprive any person of his rights without full, fair and impartial hearing. The words "license" and "registration" are synonymous in these regulations.

Regulation 3. REVOCATION OF DELINQUENT LICENSE APPLICATION FOR REINSTATEMENT

If any licentiate fails for sixty days to pay the annual registration fee, it shall be the duty of the Arkansas State Board of Sanitarians without hearing or notice, to cancel and revoke his or her Registration subject to reinstatement as hereinafter set out. If the application for reinstatement be made, the Board shall consider the moral character and professional qualifications of the applicant upon notice and hearing before ordering reinstatement, and unless such showing shall thereupon be made to the Board as would entitle the applicant to the issuance of an original Registration, reinstatement shall be denied. The applicant for reinstatement shall file a written application and pay the same fees require for the issuance of an original registration. Any person practicing as a Registered Sanitarian while his or her Registration is suspended, or after it has been cancelled pursuant to the foregoing provisions shall be subject to the penalties prescribed by law.

Regulation 4.APPLICATION FORMS

The Board shall require all applicants for Registration to complete and execute an Application for Registration in the form furnished by the Board. The same form for application for initial registration shall also be used in applications for reinstatement of former Registered Sanitarians whose Registration has been revoked or cancelled because of (a) Order of the Board as authorized by Ark. Stat. 71-1617, or (b) failure to pay the annual registration fee required by Ark. Stat. 71-1615.

Regulation 5.CONTINUING EDUCATION

Definitions:

(a) Continuing Education Unit: CEU is the value given for participation in an organized continuing education experience under reasonable sponsorship, capable direction and qualified instruction approved by the Board. One CEU is equal to ten (10) contact hours.

(b) Contact hour: A typical fifty (50) minute classroom instruction or its equivalent.

(c) Training Sponsor: Any party responsible for providing continuing education training and/or instruction for the registered sanitarian.

Section 1.

All registered Sanitarians shall be required biennially to complete a continuing education program in subjects relating to practices of the profession.

The number of CEU's shall be determined by the Board, but shall not be less than two (2) continuing education units every two (2) years.

A maximum of one-half (1/2) the number of required continuing education units in a two (2) year period may be carried forward to meet continuing education requirements for the following two (2) year period. Any continuing education units completed prior to July 1, 1986, cannot be used to meet the requirements of this Regulation.

Section 2. Hours of Continuing Education Required:

(a) In the period July 1, 1986, to July 1, 1988, and all subsequent bienniums, all registered sanitarians shall complete the requirements as established under Section 1 of this regulation to be eligible to apply for renewal of their registered sanitarian certificate.

(b) A new registrant will be required to complete a prorated number of the biennial requirements of contact hours based from the date of the registration.

Section 3. Continuing Education Courses:

A course of study or program of instruction offered to meet the education requirements for renewal of the certificate of registration shall be in the following areas with the final determination being made by the Board.

(a) Credit and non-credit college courses offered by an accredited educational institution of higher learning approved by the Board. A one (1) hour course is considered the equivalent of ten (10) contact hours. Such courses shall be related to the functions of a sanitarian. This will normally be given broad interpretation, but the registered sanitarian may be required to explain and document the relevance of a particular course to the Board.

(b) Attendance at the annual conference of professional, public health organizations such as Arkansas Society of Professional Sanitarians, Public Health Association, etc., may count toward the continuing education requirements. For prior approval, the conference program should be submitted to the Board sixty (60) days in advance of the meeting. Attendance at the conference shall be certified by an officer of the organization or the conference moderator.

(c) Completion of CEU's awarded by an institution of higher learning, State or National Association approved to award CEU's. These will be approved by the Board if the subject area is related to the functions of the registered sanitarian.

(d) Credit may be given for the completion of correspondence courses when related to the registered sanitarian's function provided that approval is given by the Board. The application must contain an outline of the course content, identity of the sponsor, and certification that the applicant satisfactorily completed the course.

(e) Credit may be given for the completion of workshops, courses, and seminars for registered sanitarians sponsored by governmental agencies or industry that have been approved by the Board. Attendance shall be certified by the sponsor.

(f) Completion of any other type of continuing education program that a registered sanitarian may utilize to stay abreast of the profession. These programs may be approved either prior to the beginning of the program or on an individual basis after completion of the program. Some examples are: extension courses, articles published, scientific paper published, course preparation, and special areas of endeavor.

Section 4. Requirements for Approval of Continuing Education Courses:

(a) Credit or non-credit college courses offered by an accredited educational institution of higher learning and approved by the Board are exempt from this section.

(b) Any training sponsor may request Board approval of their training program to be accepted as CEU's for registered sanitarians.

(c) The following information must be submitted to the Board on a form prescribed and furnished by the Board.

1. Name, address and telephone number of the training sponsor.

2. Name of educational coordinator.

3. A resume of the instructional staff.

4. Information indicating that the type of training offered meets the requirements in Section 3 of this Regulation.

5. A description of the course, instructional material and the benefits of the course to be derived.

(d) After initial approval by the Board, each course shall continue to be approved unless the course is altered or fails to meet the requirements of this Regulation. The Board shall act on all requests for approval of a course within ninety (90) days of receipt of the prescribed forms.

Section 5. Submission of Continuing Education Documentation:

(a) Proof of attendance of continuing education courses and or other substantiating documentation shall be submitted by the registered sanitarian within sixty (60) days from the completion of the course. All documentation will be recorded on forms prescribed by the Board and returned to the registered sanitarian.

(b) It shall be the sole responsibility of the registered sanitarian to assure that required evidence of meeting continuing education requirements is submitted to the Board on forms prescribed and furnished by the Board.

(c) The board shall notify all registered sanitarians who have not provided the board documentation of minimum completion of continuing education requirements 180 days prior to renewal date each biennium.

Section 6. Attendance at Continuing Education Courses Not Previously Approved by the Board:

(a) An applicant who wishes to receive credit for attendance at a continuing education course, which has not been previously approved by the Board, shall make application to the Board.

(b) Requests for course approval shall be submitted to the Board within sixty (60) days of completion of course.

(c) For the Board to consider the request, the applicant shall submit adequate documentation to the Board on a form provided by the Board.

(d) The Board shall act on all requests received from applicants within ninety (90) days of receipt.

Section 7. List of Approved Courses:

Annually, beginning after July 1, 1986, the Board shall mail to each registered sanitarian a list of approved courses applying toward the continuing education requirements of this Regulation. The secretary shall, upon request of a registered sanitarian, provide a list of any additional courses that the Board has approved since the most recent mailing.

Section 8. Exemptions from Continuing Education Requirements:

(a) Non-Resident/Non-Practicing: Those who are not residents of Arkansas and / or those who do not practice in Arkansas will be exempt from continuing education requirements until such time as they begin to practice in Arkansas. The CEU requirements will not be retroactive, but shall be applicable beginning with the first date of practice in the State.

(b) All other requests for exemption shall be submitted to the Board for review in accordance with Section 10 of Act 281 of 1957 as amended by Act 257 of 1977 and Act 582 of 1985.

PRINTED: September 1986

Notes

079.00.76 Ark. Code R. § 001

9/1/1986