DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS

DIRECTOR’S OFFICE

SANITARIANS REGISTRATION – GENERAL RULES

Filed with the secretary of state on December 22, 2020

These rules take effect immediately upon filing with the secretary of state unless adopted

under section 33, 44, or 45a(6) of the administrative procedures act of 1969, 1969 PA

306, MCL 24.233, 24.244, or 24.245a. Rules adopted under these sections become

effective 7 days after filing with the secretary of state.

(By authority conferred on the director of the department of licensing and regulatory

affairs by sections 16145, 16148, and 18413 of the public health code, 1978 PA 368,

MCL 333.16145, 333.16148, and 333.18413, and Executive Reorganization Order Nos.

1991-9, 1996-2, 2003-1, 2009-10, and 2011-4, MCL 338.3501, 445.2001, 445.2011,

333.26364, and 445.2030)

R 338.3901 of the Michigan Administrative Code is amended, R 338.3911, R 338.3913,

R 338.3921, R 338.3923, R 338.3925, R 338.3927, R 338.3929, and R 338.3931 are

added, and R 338.3901a, R 338.3902, R 338.3903, R 338.3905, R 338.3906, R

338.3906a, and R 338.3910 are rescinded, as follows:

PART 1. GENERAL PROVISIONS

R 338.3901 Definitions.

Rule 1. (1) As used in these rules:

(a) "Code" means the public health code, 1978 PA 368, MCL 333.1101 to 333.25211.

(b) "Department" means the department of licensing and regulatory affairs.

(2) A term defined in the code has the same meaning when used in these rules.

R 338.3901a Rescinded.

R 338.3902 Rescinded.

R 338.3903 Rescinded.

R 338.3905 Rescinded.

April 22, 2020

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R 338.3906 Rescinded.

R 338.3906a Rescinded.

R 338.3910 Rescinded.

PART 2. EDUCATION

R 338.3911 Accreditation standards; adoption by reference.

Rule 11. (1) The department approves and adopts by reference the standards for

accrediting environmental health baccalaureate programs developed and adopted by the

National Environmental Health Science and Protection Accreditation Council (EHAC),

effective January 1, 2017, and entitled "Requirements for the Accreditation of

Environmental Health Science and Protection Baccalaureate Programs." The guidelines

are available free of charge from The National Environmental Health Science and

Protection Accreditation Council, P.O. Box 66057, Burien, Washington 98166, or from

the council's website at https://www.nehspac.org/ at no cost. Copies of the guidelines are

available for inspection and distribution at a cost of 10 cents per page from the Bureau of

Professional Licensing, Department of Licensing and Regulatory Affairs, 611 West

Ottawa Street, P.O. Box 30670, Lansing, Michigan 48909.

(2) The department approves and adopts by reference the standards for accrediting

environmental health graduate programs developed and adopted by EHAC, revised 2012,

updated August 22, 2018, and entitled "Guidelines for the Accreditation of

Environmental Health Science and Protection: Graduate Programs." The guidelines are

available free of charge from The National Environmental Health Science and Protection

Accreditation Council, P.O. Box 66057, Burien, Washington 98166, or from the council's

website at https//www.nehspac.org/ at no cost. Copies of the guidelines are available for

inspection and distribution at a cost of 10 cents per page from the Bureau of Professional

Licensing, Department of Licensing and Regulatory Affairs, 611 West Ottawa Street,

P.O. Box 30670, Lansing, Michigan 48909.

(3) A baccalaureate program in environmental health or graduate program in

environmental health accredited by the EHAC as an approved environmental health

educational program under subrules (1) and (2) of this rule meets the qualifications for an

environmental health educational program that is approved by the department.

(4) The department adopts by reference the recognition standards and criteria of the

Council for Higher Education (CHEA), effective September 2018, and the procedures

and criteria for recognizing postsecondary accrediting agencies of the United States

Department of Education, effective July 1, 2010, as contained in 34 CFR part 602,

subparts B and C (2018). Copies of the standards and criteria of CHEA and the United

States Department of Education are available for inspection and distribution at a cost of

10 cents per page from the Bureau of Professional Licensing, Department of Licensing

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and Regulatory Affairs, 611 West Ottawa Street, P.O. Box 30670, Lansing, Michigan

48909. The CHEA recognition standards also may be obtained from the Council for

Higher Education Accreditation, One Dupont Circle NW, Suite 510, Washington, D.C.

20036-1110, or from the council's website at http://www.chea.org at no cost. The federal

recognition criteria may be obtained from the United States Department of Education

Office of Postsecondary Education, 1990 K Street, NW, Washington, D.C. 20006 or from

the department's website at http://www.ed.gov/about/offices/list/OPE/index.html at no

cost.

(5) A bachelor’s degree, master’s degree, or doctoral degree in any subject from a

postsecondary institution that is accredited by a postsecondary accrediting agency that

meets the recognition standards and criteria of CHEA under subrule (4) of this rule is an

educational program that is approved by the department.

R 338.3913 Sanitarian educational training requirements.

Rule 13. (1) An applicant shall complete an educational program that satisfies 1 of the

following requirements:

(a) A bachelor’s degree, master’s degree, or doctoral degree in environmental health

from an educational program approved by the department under R 338.3911(3).

(b) A bachelor’s degree, master’s degree, or doctoral degree in any subject from an

educational program at an institution approved by the department under R 338.3911(5)

that includes both of the following requirements:

(i) At least 30 semester hours or 45 quarter hours of college level credit in basic

science coursework, including engineering sciences, environmental sciences, health

sciences, life sciences, natural sciences, or physical sciences.

(ii) College level credit for coursework in mathematics or statistics.

(c) A bachelor’s degree, master’s degree, or doctoral degree from an educational

program at an institution located outside the United States that is substantially equivalent

to the educational requirements under subdivision (a) or (b) of this subrule.

(2) If an applicant is a graduate of an educational program under subrule (1)(b) of this

rule, the applicant shall have his or her educational credentials evaluated by a curriculum

evaluation conducted by the National Environmental Health Association (NEHA).

(3) If an applicant is a graduate of an educational program under subrule (1)(c) of this

rule, the applicant shall have his or her educational credentials evaluated by a credential

evaluation organization that is a current member organization of the National Association

of Credential Evaluation Services (NACES).

(4) The educational program shall verify that the applicant has successfully completed

the program by sending the applicant’s official transcripts to the department.

PART 3. REGISTRATION

R 338.3921 Training standards for identifying victims of human trafficking;

requirements.

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Rule 21. (1) Under section 16148 of the code, MCL 333.16148, an individual who is

seeking registration or is registered shall complete training in identifying victims of

human trafficking that satisfies all of the following:

(a) Training content must cover all the following:

(i) Understanding the types and venues of human trafficking in Michigan or the

United States.

(ii) Identifying victims of human trafficking in health care settings.

(iii) Identifying the warning signs of human trafficking in health care settings for

adults and minors.

(iv) Resources for reporting the suspected victims of human trafficking.

(b) Acceptable providers or methods of training include any of the following:

(i) Training offered by a nationally recognized or state-recognized, health-related

organization.

(ii) Training offered by, or in conjunction with, a state or federal agency.

(iii) Training obtained in an educational program that has been approved by the

department for initial registration, or by a college or university.

(iv) Reading an article related to the identification of victims of human trafficking

that satisfies the requirements of subrule (1)(a) of this rule and is published in a peer

review journal, health care journal, or professional or scientific journal.

(c) Acceptable modalities of training include any of the following:

(i) Teleconference or webinar.

(ii) Online presentation.

(iii) Live presentation.

(iv) Printed or electronic media.

(2) The department may select and audit a sample of individuals and request

documentation of proof of completion of training. If audited by the department, an

individual shall provide an acceptable proof of completion of training, including either of

the following:

(a) Proof of completion certificate issued by the training provider that includes the

date, provider name, name of training, and individual’s name.

(b) A self-certification statement by an individual. The certification statement must

include the individual’s name and either of the following:

(i) For training completed under subrule (1)(b)(i) to (iii) of this rule, the date, training

provider name, and name of training.

(ii) For training completed under subrule (1)(b)(iv) of this rule, the title of article,

author, publication name of peer review journal, health care journal, or professional or

scientific journal, and date, volume, and issue of publication, as applicable.

(3) Under section 16148 of the code, MCL 333.16148, the requirements specified in

subrule (1) of this rule apply for registration renewals beginning with the 2017 renewal

cycle and for initial registrations issued after March 17, 2021.

R 338.3923 Examination; adoption.

Rule 23. The department approves and adopts the registered environmental health

specialist/registered sanitarian examination developed by NEHA. The passing score for

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the registered environmental health specialist/registered sanitarian examination is the

passing score established by NEHA.

R 338.3925 Registration; requirements.

Rule 25. (1) An applicant for a sanitarian registration shall submit a completed

application on a form provided by the department, together with the requisite fee. In

addition to satisfying the requirements of the code and the administrative rules

promulgated under the code, an applicant shall satisfy 1 of the following:

(a) The requirements of R 338.3913(1)(a). No proof of prior work experience is

required.

(b) The requirements of R 338.3913(1)(b) and verification by the employer sent to the

department that the applicant has completed 4,000 hours in planning, developing, or

implementing systems to improve the quality of air, water, food, or other environmental

factors that affect the health of the public.

(c) The requirements of R 338.3913(1)(c), subject to the following requirements:

(i) If the credential evaluation required under R 338.3913(3) determines that the

applicant’s educational credentials are substantially equivalent to R 338.3913(1)(a), no

proof of prior work experience is required.

(ii) If the credential evaluation required under R 338.3913(3) determines that the

applicant’s educational credentials are substantially equivalent to R 338.3913(1)(b),

verification by the employer shall be sent to the department that the applicant has

completed 4,000 hours in planning, developing, or implementing systems to improve the

quality of air, water, food, or other environmental factors that affect the health of the

public.

(2) In addition to satisfying the requirements of subrule (1)(a), (b), or (c) of this rule, an

applicant shall complete and pass the examination adopted under R 338.3923.

(3) If an applicant for a sanitarian registration submits proof that he or she is a current

holder in good standing of the registered environmental health specialist/registered

sanitarian (REHS/RS) credential from NEHA, then it is presumed that the applicant

satisfies the requirements of subrule (1)(a), (b), or (c) of this rule and satisfies subrule (2)

of this rule.

R 338.3927 Registration by endorsement.

Rule 27. (1) An applicant for a Michigan registration by endorsement shall submit a

completed application on a form provided by the department, together with the requisite

fee. In addition to satisfying the other requirements of the code and administrative rules

promulgated under the code, an applicant shall satisfy the educational and experiential

requirements, as specified in R 338.3925(1)(a), (b), or (c) and satisfy the requirements of

this rule.

(2) An applicant who was first licensed or registered in another state is presumed to

have met the requirements of sections 16186(1)(a) and (b) of the code, MCL 333.16186,

if he or she satisfies both of the following requirements:

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(a) Verifies that he or she has been licensed or registered for a minimum of 3 years

immediately before filing an application for registration as a sanitarian in this state. An

applicant may submit either of the following as verification:

(i) Documentation of the applicant’s employment verified by the employer of

employment in another state as a licensed or registered sanitarian for the period specified

under subdivision (a) of this subrule.

(ii) Documentation of the status of a license or registration from all other states in

which the applicant currently holds or has ever held licensure or registration.

Verification includes, but is not limited to, showing proof of any disciplinary action taken

or pending against the applicant.

(b) Completed and passed the examination adopted under R 338.3923.

(3) If an applicant for a sanitarian registration submits proof that he or she is a current

holder in good standing of the REHS/RS credential from NEHA, then it is presumed that

the applicant satisfies the educational and experiential requirements as specified in R

338.3925(1)(a), (b), or (c) of subrule (1) of this rule and satisfies subrule (2) of this rule.

R 338.3929 Application for sanitarian re-registration; requirements.

Rule 29. (1) An applicant for re-registration as a sanitarian shall submit to the

department a completed application on a form provided by the department, together with

the requisite fee. In addition to satisfying the other requirements of the code and

administrative rules promulgated under the code, an applicant shall satisfy 1 of the

following requirements, as applicable:

(a) If the registration was lapsed for less than 3 years, an applicant shall satisfy all of

the following requirements:

(i) Establish that he or she is of good moral character as defined under 1974 PA 381,

MCL 338.41 to 338.47.

(ii) Submit to the department on a form provided by the department verification of

his or her license or registration by the agency of any state in which the applicant holds a

current license or registration or ever held a license or registration as a sanitarian.

Verification includes, but is not limited to, showing proof of any disciplinary action taken

or pending disciplinary action imposed upon the applicant.

(b) If the registration was lapsed for 3 or more years, an applicant shall satisfy all the

following requirements:

(i) Establish that he or she is of good moral character as defined under 1974 PA 381,

MCL 338.41 to 338.47.

(ii) Submit to the department fingerprints as set forth in section 16174(3) of the code,

MCL 333.16174.

(iii) Provide to the department proof of passing the examination adopted under R

338.3923.

(iv) Submit on a form provided by the department verification of his or her license or

registration by the agency of any state in which the applicant holds a current license or

registration or ever held a license or registration as a sanitarian. Verification includes,

but is not limited to, showing proof of any disciplinary action taken or pending

disciplinary action imposed upon the applicant.

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(2) If an applicant for sanitarian re-registration submits proof that he or she is a current

holder in good standing of the REHS/RS credential from NEHA, then it is presumed that

the applicant satisfies the requirement of subrule (1)(b)(iii) of this rule.

R 338.3931 Registration renewal; requirements.

Rule 31. An applicant for registration renewal who has been registered for the 2-year

period immediately preceding the application for renewal shall submit to the department

the required fee and a completed application on a form provided by the department.