CHAPTER 43-43 ENVIRONMENTAL HEALTH PRACTITIONERS 43-43-01. Definitions

As used in this chapter, unless the context or subject matter otherwise 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

"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

"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

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43-43-02. Licensure required

No person may engage in the practice of environmental health, 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 meet at 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 shall adopt rules consistent with and necessary for the implementation and enforcement of this chapter, including rules concerning the: Application for licensure and renewal of license

Licensure

Fees that may not exceed fifty dollars for licensure fees

Scope of practice

Ethical standards of conduct

1. Qualifications and requirements for licensure under this chapter

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7. Continuing competency and education requirements

8. Grievances and complaints

9. Reimbursement of advisory board expenses

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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

Emergency exemptions as to requirements for licensure under this chapter

43-43-05. Exception from requirements

The state health officer must license all persons 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 Page No. 1 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 may refuse 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 2

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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

Violation of any order or rule adopted by the state health officer

Violation of this chapter

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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 for reinstatement, or may require conditions and an examination for reinstatement

43-43-08. Penalty

Any person who violates this chapter is guilty of a class B misdemeanor

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