Act No. 308

Public Acts of 2004

Approved by the Governor

August 17, 2004

Filed with the Secretary of State

August 17, 2004

EFFECTIVE DATE: January 1, 2005

STATE OF MICHIGAN

92ND LEGISLATURE

REGULAR SESSION OF 2004

Introduced by Reps. Stakoe, Stahl, Wenke, Nofs, Hune, Jamnick, Pastor, Gaffney, LaJoy, Amos, Accavitti, Moolenaar, Acciavatti, Robertson, Mortimer, Tobocman, Gleason, Taub, Farhat, Ward and Casperson

ENROLLED HOUSE BILL No. 5664

AN ACT to amend 1978 PA 368, entitled "An act to protect and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to provide for the levy of taxes against certain health facilities or agencies; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to provide for an appropriation and supplements; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates," by amending sections 18401, 18413, and 18421 (MCL 333.18401, 333.18413, and 333.18421), section 18421 as amended by 1993 PA 79.

The People of the State of Michigan enact:

Sec. 18401. (1) As used in this part:

(a) "Environmental health" means an area of activity dealing with the protection of human health through the management, control, and prevention of environmental factors that may adversely affect the health of individuals. Environmental health is concerned with the existence of substances, conditions, or facilities in quantities, of characteristics, and under conditions, circumstances, or duration that are or can be injurious to human health.

(b) "Registered sanitarian" means a sanitarian registered in accordance with this article.

(c) "Sanitarian" means an individual who has specialized education and experience in the physical, biological, and sanitary sciences as applied to the educational, investigational, and technical duties in the field of environmental health.

(2) In addition to the definitions in this part, article 1 contains general definitions and principles of construction applicable to all articles in this code and part 161 contains definitions applicable to this part.

Sec. 18413. (1) A registered sanitarian shall not engage in or have an interest in any work, project, or operation prejudicial to his or her professional interest and shall not engage in the practice of professional engineering as defined in section 2001 of the occupational code, 1980 PA 299, MCL 339.2001, unless the activity is consistent with that as defined in section 18401(c).

(2) The standards of the national environmental health association as they exist on the effective date of the amendatory act that added this subsection relative to qualifications, education, and examinations are adopted by reference. The department shall accept the certification by the national environmental health association of the successful completion of any education or examination for purposes of registration under this part.

(3) Notwithstanding section 16148, the department may by rule adopt any other or additional appropriate standards and may adopt any updates or amendments to the national environmental health association standards adopted under subsection (2).

Sec. 18421. (1) There is created a 7-member advisory committee whose purpose is to make recommendations to the department relative to qualifications for registration, establishment of education and training standards, and actions regarding disciplinary proceedings. The members shall be appointed by the governor for a term of 3 years.

(2) The membership on the committee is as follows:

(a) Four members who are registered sanitarians.

(b) One member who represents the Michigan restaurant association or its successor organization.

(c) One member who represents the Michigan groundwater association or its successor organization.

(d) One member who represents the Michigan onsite wastewater recycling association or its successor organization.

(3) Of the initial members who are registered sanitarians, 1 member shall be appointed for a term of 1 year, 1 member shall be appointed for a term of 2 years, and 2 members shall be appointed for terms of 3 years.

Enacting section 1. This amendatory act takes effect January 1, 2005.

This act is ordered to take immediate effect.

Clerk of the House of Representatives

Secretary of the Senate

Approved

Governor