Sanitarians Law

SANITARIANS
Occupations Code
Chapter 1953
Administered by the Texas Department of Licensing and Regulation
(Effective September 1, 2017)

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 1953.001. Definitions

In this chapter:

  • (1) "Commission" means the Texas Commission of Licensing and Regulation.
  • (1-a) "Department" means the Texas Department of Licensing and Regulation.
  • (2) "Executive director" means the executive director of the department.
  • (3) "Sanitarian" means a person trained in sanitary science to perform duties relating to education and inspections in environmental sanitation.
  • (4) "Sanitation" means the study, art, and technique of applying scientific knowledge to improve the human environment for the purpose of promoting public health and welfare.

Sec. 1953.002. Employment of Sanitarian

This chapter does not require a person, including a municipality or governmental agency, to employ a sanitarian.

Sec. 1953.003. Exemptions

This chapter does not apply to a person, including a physician, dentist, engineer, or veterinarian, who is licensed by an agency of this state other than the department and who, by nature of the person's employment or duties, might be construed as being subject to this chapter.

SUBCHAPTER B. POWERS AND DUTIES

Sec. 1953.051. General Powers and Duties

  • (a) The executive director shall administer and enforce this chapter.
  • (b) The department shall:
    • (1) administer continuing education requirements; and
    • (2) prescribe necessary forms.

Sec. 1953.0512. Advisory Committee

The department may establish an advisory committee to provide advice and recommendations to the department on technical matters relevant to the administration of this chapter.

SUBCHAPTER C. CERTIFICATE OF REGISTRATION

Sec. 1953.101. Registration Required

A person who engages or offers to engage in work in sanitation may not represent that the person is a sanitarian or use a title containing the word "sanitarian" unless the person holds a certificate of registration under this chapter.

Sec. 1953.102. Eligibility Requirements

  • (a) To be eligible to receive a certificate of registration as a professional sanitarian, a person must:
    • (1) hold at least a bachelor's degree from an accredited college or university that includes at least 30 semester hours in basic or applied science;
    • (2) complete any additional training in the basic sciences or public health the department determines necessary to effectively serve as a professional sanitarian; and
    • (3) have at least two years of full-time experience in sanitation.
  • (b) The commission by rule may establish other qualifications for registration.

Sec. 1953.104. Issuance of Certificate: Professional Sanitarian; Term

  • (a) The department shall issue a certificate of registration as a professional sanitarian to a person who:
    • (1) applies in the manner and on the form prescribed by the executive director;
    • (2) pays the registration fee set by the commission by rule;
    • (3) meets the eligibility requirements prescribed by Section 1953.102; and
    • (4) passes an examination under Subchapter D.
  • (b) A certificate of registration is valid for two years.

Sec. 1953.105. Issuance of Certificate: Sanitarian in Training

  • (a) The department shall issue a certificate of registration as a sanitarian in training to a person who:
    • (1) is employed in sanitation;
    • (2) meets the eligibility requirements prescribed by Section 1953.102, other than the requirements relating to experience;
    • (3) pays a registration fee prescribed by the commission by rule for a sanitarian in training; and
    • (4) passes an examination under Subchapter D.
  • (b) A certificate issued under this section is valid for a period not to exceed two years after the date of issuance.

Sec. 1953.106. Renewal of Certificate

  • (a) To renew a certificate of registration under this chapter, a professional sanitarian must:
    • (1) pay to the department a renewal fee prescribed by the commission by rule; and
    • (2) provide proof of completion of continuing education requirements prescribed by the commission by rule.

SUBCHAPTER D. EXAMINATION

Sec. 1953.151. Examination

  • (a) To obtain a certificate of registration under this chapter, an applicant must pass a written examination prescribed by the department that provides evidence satisfactory to the department that the applicant is qualified for registration under this chapter.
  • (b) An applicant for a certificate of registration may not take the examination unless the applicant pays the examination fee prescribed by the commission by rule.
  • (c) In evaluating an applicant's performance on the examination, the department shall carefully consider the applicant's knowledge and understanding of the principles of sanitation and the physical, biological, and social sciences.

SUBCHAPTER E. CERTIFICATE DENIAL AND DISCIPLINARY PROCEDURES

Sec. 1953.201. Denial of Certificate; Disciplinary Action

  • (a) The commission or executive director may deny a person's application for a certificate of registration if:
    • (1) the person's certificate or license to engage in a profession in this state or elsewhere has been revoked for unprofessional conduct, fraud, deceit, negligence, or misconduct in the practice of the profession; or
    • (2) satisfactory proof is presented to the commission or executive director establishing that the person has been found guilty of unprofessional conduct, fraud, deceit, negligence, or misconduct in the practice of a profession.
  • (b) The commission or executive director may suspend or revoke a certificate of registration if the certificate holder:
    • (1) practiced fraud or deceit in obtaining the certificate; or
    • (2) acted in a manner constituting gross negligence, incompetency, or misconduct in the practice of sanitation.