Policy Advisory  Board Policies And Guidelines (Sanitarians)

Date:	12/11/2017
Referenced Sources:	Office of Local and Regional Health

Policy Guideline on Basic Science Courses

The Board of Registration of Sanitarians (“the Board”) voted at its meeting on Dec. 10, 2014 to issue the following policy clarifying the meaning of the term “basic sciences” as it is used in Board Regulations, which are located in Title 255 of the Code of Massachusetts regulations. This Policy Guideline does not have the full force and effect of law, as would a statute or a regulation, however, it is issued to provide guidance to applicants regarding courses that may qualify an individual for licensure as a sanitarian in Massachusetts. 

As stated in Board regulation at 255 CMR 4.02, an applicant for registration as a Registered Sanitarian must possess the following minimum education and/or experience in order to be eligible for registration:

(a) A bachelor's degree or graduate degree in sanitary science, public health or environmental health from an approved school of public health/environmental health, as defined in 255 CMR 2.03; or

(b) A bachelor's degree or graduate degree in sanitary engineering from an institution on the list of accredited colleges of the United States Office of Education, or any like institution approved by the Board; or

(c) A bachelor's degree with a minimum of 30 semester hours credit in basic sciences from an institution on the list of accredited colleges of the United States Office of Education, or any like institution approved by the Board, plus the equivalent of one year full time experience in environmental health.

See 255 CMR 4.02 (emphasis supplied). 

The term “basic sciences” is defined in Board regulations to mean:

sciences basic to sanitation, namely, biological, physical, environmental, sanitary or related sciences, as determined by the Board. Courses in environmental health, environmental protection or public health fields may be approved by the Board.

The Board considers the following category of courses to be “basic science” courses for the purposes of 255 CMR 4.02(c):

Physics Biology Microbiology Epidemiology Advanced Math * (six credit max) Public Health Chemistry Environmental Health Bacteriology Biochemistry Civil Engineering Environmental Engineering Toxicology Geology Social Science (6 credit max) Geography

The above-stated Basic Science courses may be taken outside the applicant’s bachelor degree program but must be offered by an institution on the list of accredited colleges of the United States Office of Education, or any like institution approved by the Board.

Other courses not found on this list will be considered for approval by the Board on an individual case-by-case basis. It is within the Board’s sole discretion to determine whether a particular course constitutes a “basic science” course for the purpose of licensure. The Board reserves its right to require an applicant to submit a syllabus explaining course content to assist the Board in determining whether a specific course qualifies as a “basic science” course under Board regulations. It is the applicant's responsibility to provide sufficient information regarding specific course content.

 * For the purposes of this policy, “Advanced Math” means undergraduate or graduate math courses, including computer science and statistics. Advanced Math does not include economics. As noted in the chart above, an applicant is limited to a maximum of six Advanced Math credits towards the applicant’s total “Basic Science” course credits. Determining whether a math course is an Advanced Math course is within the sole discretion of the Board.

Policy on Criminal Offender Record Information (CORI) Checks

Massachusetts Board of Registration of Sanitarians Policy Bulletin Regarding Applicants with Criminal Convictions or Pending Criminal Charges

The Board of Registration of Sanitarians voted on Dec. 10, 2014 to adopt the following policy guidelines outlining when an applicant who has criminal convictions or pending criminal charges must receive further review by the Board and/or appear before the Board prior to receiving approval to sit for the licensing examination. These policy guidelines are intended as the Board’s guidelines for eligibility for those applicants who have met the MINIMUM requirements to sit for examination but have been convicted of a felony or misdemeanor.

Purpose: To provide guidance to applicants and to Board staff members regarding the type, age and disposition of conviction and pending criminal case information requiring further review and/or the applicant’s appearance before the Board to determine eligibility for examination required for registration as a sanitarian in the Commonwealth.

Policy: At its regularly scheduled Board meeting on Wednesday, Dec. 10, 2014, the Board of Registration of Sanitarians voted to adopt the following policy: 

The Board’s Executive Director and Associate Executive Director are authorized, in conjunction with Board Counsel, to review the records of criminal convictions and pending criminal cases received from the Department of Criminal Justice Information Services (“DCJIS”) to determine whether review or an appearance before the Board is necessary for an applicant for examination who has answered positively in response to the application question regarding the existence of past convictions or whose convictions were otherwise discovered despite the answer on the application. In determining if review or appearance before the Board is necessary, the Executive Director and Board Counsel shall act in a manner consistent with the following guidelines:

An applicant must be reviewed and/or appear at a Board meeting where:

1. The applicant has been convicted of an offense, whenever it occurred, that resulted in a term of incarceration of more than three (3) years.

2. The applicant has been convicted of an offense in the last ten (10) years that resulted in a term of incarceration of 30 days or more.

3. The applicant has been convicted of any felony within ten (10) years of the application date.

4. The applicant has been convicted of more than 2 misdemeanor convictions within the past ten years.

5. The applicant has a pending criminal case concerning an open felony criminal charge, not including motor vehicle operation related offenses, for which a disposition has not yet been entered.

6. The applicant has been convicted or has a pending criminal case that relates to fraudulent activities in his or her professional practice.

7. The applicant has failed to disclose a criminal conviction and such conviction is not a misdemeanor that occurred more than 10 years ago. In such instances, Board staff will request a statement explaining the reasons for the nondisclosure prior to Board review. 

In addition to the above, the Executive Director, Associate Executive Director or Board Counsel is authorized to require Board review and/or an appearance before the Board of any applicant whose record contains any conviction or pending charge that the Executive Director or Board Counsel believes the Board should review.

 In evaluating whether an appearance is necessary, the Executive Director and Board Counsel will consider multiple factors, including but not limited to, whether the applicant has been convicted of an offense that involved violence, fraud, dishonesty or deceit or an offense that calls into question the applicant’s ability to practice as a sanitarian with a reasonable degree of skill and safety and in accordance with accepted standards of sound professional practice.

Discussion:

 Under G.L. c. 13, § 52 and c. 112, § 87NN, the Board of Registration of Sanitarians is authorized to make rules and regulations as are necessary for the performance of its duties. Further, under G.L. c. 112, §61, the Board has authority to take disciplinary action up to and including revocation of licensure when a licensee has been convicted of a crime reasonably related to his or her practice as a sanitarian. It is the Board’s position that conduct that warrants revocation of licensure also warrants denial of licensure if the conviction is known at the time the application is considered.

In order to determine suitability for licensure, the Board has become certified by the DCJIS for access to conviction and pending criminal case data for all candidates for initial licensure and license renewal as a registered sanitarian. Unless otherwise provided by law, a criminal record will not automatically disqualify an applicant. Rather, determinations of suitability based on CORI checks will be made consistent with this Policy and any applicable law or regulations, or both.

 The Board has determined that the existence of certain criminal convictions or pending criminal cases, based on the nature and age of the offense and the disposition of the offense, should not bar a candidate from licensure as a sanitarian in Massachusetts. However, other offenses, given their serious nature, recent age, or consequences, should require that a candidate who has been convicted of such offenses be reviewed or interviewed by the Board to determine suitability for licensure. The purpose of this review/interview is to determine that the candidate for licensure is suitable to hold a license and does not pose a risk of harm to the public.

Consequently, the Board has delegated to its Executive Director, Associate Executive Director and its Board Counsel, the authority to determine, based on the above guidelines, which candidates for licensure may sit for the licensing examination without being further reviewed or interviewed by the Board, and which candidates, because of the nature of their convictions, must be reviewed or appear before the Board for an interview before a determination can be made by the Board as to those candidates’ suitability for licensure.

Unless otherwise provided by law, factors considered in determining suitability may include, but not be limited to, the following:

(a) Relevance of the record to the practice of a registered sanitarian;

(b) The nature of the work to be performed;

(c) Time since the conviction;

(d) Age of the candidate at the time of the offense;

(e) Seriousness and specific circumstances of the offense;

(f) The number of offenses;

(g) Whether the applicant has pending charges;

(h) Any relevant evidence of rehabilitation or lack thereof; and

(i) Any other relevant information, including information submitted by the candidate or requested by the organization. 

After review of the above factors, the Board may, in its discretion, deny the applicant’s application, offer the applicant a probationary licensure agreement in lieu of denial of licensure, or may take any other action permitted by law. The applicant is to be notified of the decision and the basis for it in a timely manner.

In cases where the Board votes to deny an application, the Board will notify the applicant of the reasons for its decision and the procedures for requesting reconsideration of the Board’s decision. This includes the right to challenge the accuracy of the CORI report used to deny the application.

 The denial will outline the applicant’s right to request a limited hearing on the Board’s rationale for the denial. This must include requiring the applicant to file, in writing, a request for a hearing within fourteen (14) days of the date of the denial letter (or any amendment thereof) and must notify the applicant that this request must specifically refute the facts upon which the Board has based its decision.

A dispute as to whether a crime is reasonably related to the profession shall be grounds for a hearing. If the Board denies an applicant a hearing, the Board will notify the applicant of their appellate rights. 

Continuing Education Provider Requirements

The Board of Registration of Sanitarians (“the Board”) voted at its meeting on Dec. 5, 2018, to issue the following policy to remind Continuing Education providers of their record retention requirements. This Policy Guideline does not have the full force and effect of law, as would a statute or a regulation, however, it is issued to provide guidance to licensees and continuing education providers regarding Board requirements.

Each Registered Sanitarian is required to complete 12 contact hours of continuing education (CE) during each one-year registration period. See 255 CMR 5.01(1). To obtain CE credit for a course, a Registered Sanitarian must be able to provide the Board with the following information:

(a) The name of the recognized entity which conducted or sponsored the course, program, lecture, workshop or conference;
(b) The location of the course, program, lecture, workshop or conference;
(c) The title and authorized number of the course, program, lecture, workshop or conference;
(d) The date or dates of attendance;
(e) The number of contact hours completed;
(f) The name and signature of the [Registered Sanitarian];
(g) The name and signature of an authorized representative of the recognized entity providing or sponsoring the activity; and
(h) Such other information as the Board may reasonably require.

255 CMR 5.03(3)

In addition, for a course to be accepted for CE credit by the Board, the provider of the course must maintain sufficient electronic or hard copy records to verify all of the information provided by the Registered Sanitarian. See 255 CMR 5.03(5).

It has come to the Board’s attention that some CE providers are issuing certificates of completion of courses or conferences to Registered Sanitarians without taking steps to verify that the Registered Sanitarian actually attended the program/conference on a particular date for a specific amount of contact hours. The fact that an individual registered for the program and completed a course evaluation form is not sufficient to verify that the individual actually attended a live program or conference. To have a course acceptable for CE credit for the RS Board, the course provider must maintain records sufficient to verify that an individual actually attended/participated in the program and completed a certain number of contact hours. Maintaining sign-in sheets for each course or conference session is an acceptable means of verifying an individual’s attendance at a live event. Board regulations require that a CE provider maintain records such as sign-in sheets, either in hard copy or electronic form, for a period of four years from the date the course was conducted. See 255 CMR 5.03(5).

Beginning in January 2020, the Board will no longer accept for CE credit any live course where the provider does not maintain a sign-in sheet or other record sufficient to verify an RS’s dates and hours of attendance at the course or conference session. Properly authenticated electronic signatures of participant’s may be acceptable to verify the dates and hours of participation in on-line courses.

Continuing Education Program Checklist

The Board of Registration of Sanitarians (the “Board”) considers Continuing Education (CE) as programs, workshops or conferences with well-defined objectives which are relevant to public or environmental health.

The Continuing Education (CE) program satisfies Board requirements at 255 CMR 5.00: Continuing Education if you are able to answer: “Yes” to all the questions in Section A AND “Yes” to questions for the appropriate type of CE program listed in Section B.

Section A
1. Does the CE program describe learner objectives that are specific, attainable, measurable, and describe expected outcomes?
Yes  No 

2. Does the CE program content contribute to your professional growth and development?
Yes  No 

Examples of what CE content may include:
Appropriate subject matter for continuing education purposes shall include, but shall not be limited to, one or more of the following:
(a) Public health or environmental health science and practice;
(b) Public and environmental health education;
(c) Research in public and environmental health;
(d) Management, administration and supervision in public and environmental health services
delivery;
(e) Social, economic, political or legal aspects of public and environmental health;
(f) Environmental health and consumer education;
(g) Subject matter which improves competency, is not specified on the foregoing list, and is
related to one or more of the basic sciences.
Employee orientation or in-service training presentations concerning standard operating procedures specific to the employing agency or entity shall not be accepted for continuing education purposes.

3. Does the CE program provide sufficient time to meet its stated objectives?
Yes  No 

4. Does the CE program provide an opportunity to evaluate faculty, learning experiences, instructional methods, facilities and educational resources used for the program?
Yes  No 

Section B
If the CE program was a Live Program or Webinar, does the program provide all of the following:
• Opportunity for you to provide feedback? (i.e. evaluation form)
Yes  No 

• An authenticated record of attendance specifying provider, title of program, date of program, and number of contact hours awarded for successful completion of the program? (See Board Policy regarding retaining records of attendance)
Yes  No 

If the CE program was an online or E-Learning Course, does the program provide all of the following:
• Opportunity for you to provide feedback? Yes  No 
• Additional resources? Yes  No 
• A test to indicate progress and verify completion of the CE? Yes  No 
• An authenticated record of attendance specifying provider, title of program, date of program, and number of contact hours awarded for successful completion of the program?
Yes  No 

If the CE program was an Academic Course, is the content:
• Part of a curriculum to meet the educational requirements for a formal Public or Environmental Health program or related field?
Yes  No 

Additional Information

Calculating Contact Hours:
A contact hour is equal to 50 minutes of attendance and participation in a program. By example, the following assist in calculating contact hours (CH):
• Lecture - One CH for each 50 minutes of didactic instruction
• Self-Study course - One CH for each 50 minutes of participation
• One (1) semester college credit = Fifteen (15) CH
• 1.2 continuing education units (CEU) = Twelve (12) CH

Record Keeping Responsibilities:

Continuing Education providers and Registered Sanitarians must keep records of any continuing education activity which was undertaken not more than four years prior to the date of the last renewal of the affected individual's registration in accordance with 255 CMR 5.03(2).