STATE OF WISCONSIN
DEPARTMENT OF SAFETY AND PROFESSIONAL SERVICES
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IN THE MATTER OF RULE-MAKING : ORDER OF THE
PROCEEDINGS BEFORE THE : DEPARTMENT OF SAFETY AND
DEPARTMENT OF SAFETY AND : PROFESSIONAL SERVICES
PROFESSIONAL SERVICES : ADOPTING RULES
: (CLEARINGHOUSE RULE 19-065)
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ORDER
An order of the Department of Safety and Professional Services to repeal SPS 175.01, 175.03, 175.04, and 176.01 (3); to amend SPS 175.05 (1) and (2) and 176.01 (2); to
repeal and recreate SPS 175.02; and to create SPS 175.025; relating to registered sanitarian examination requirements.
Analysis prepared by the Department of Safety and Professional Services.
------------------------------------------------------------------------------------------------------------ ANALYSIS
Explanation of agency authority:
Section 440.98 (2), Stats. provides: “In order to safeguard life, health and property, to promote public welfare and to establish the status of those persons whose duties in environmental sanitation call for knowledge of the natural sciences, the department may establish minimum standards and qualifications for the registration of sanitarians.” Section 440.98 (5), Stats. provides: “Except as provided in s. 440.12 or 440.13, the department shall register as a sanitarian any person who satisfies the conditions in sub. (6) and who has presented evidence satisfactory to the department that sanitarian registration standards and qualifications of the department, as established by rule, have been met.”
Related statute or rule:
None
Plain language analysis:
2013 Wisconsin Act 114 prohibits the Department of Safety and Professional Services or a credentialing board from requiring a person to complete any postsecondary education before the person is eligible to take an examination for a credential. The current rule requires sanitarian applicants to submit evidence of completion of educational requirements in order to receive Department approval to sit for the exam. The proposed rule will revise the rules to specify the requirements for registration rather than the requirements for examination. This will allow the applicant to complete the registration requirements in any order, including allowing an applicant to take an examination prior to the completion of the education requirements. The rule also removes the requirement that the department consult with the advisory committee regarding investigations of applicants, as the advisory committee is no longer active. Summary of, and comparison with, existing or proposed federal regulation:
None
Comparison with rules in adjacent states:
Illinois:
Applicants for licensure as an environmental health practitioner must pass an approved examination and meet one of the following qualifications: (1) A bachelor’s degree approved by the National Environmental Health Science and Protection Accreditation Council for environmental health curricula; (2) A bachelor’s degree with a minimum of 30 approved semester hours of basic sciences and 12 months of full-time work experience; or (3) A master’s degree in public health or environmental health science including a minimum of 30 approved semester hours of basic sciences.
Illinois law, similar to Wisconsin law, requires an applicant to meet these requirements prior to being registered as an environmental health practitioner, not prior to sitting for the exam.
Iowa:
The state of Iowa does not regulate sanitarians.
Michigan:
To be eligible for examination an applicant must complete one of the following: (1) A baccalaureate degree in science and 4,000 hours of experience; or (2) A master’s degree or doctorate in a field related to environmental health practice and 2,000 hours of experience.
Michigan rules require applicants for the sanitarian registration to complete education and experience requirements prior to examination.
Minnesota:
