05 LC 9 1576
House
Bill 353
By:
Representatives Dodson of the
75th,
Jamieson of the
28th,
Barnes of the
78th,
Rogers of the
26th,
and Drenner of the
86th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Title 43 of the Official Code of Georgia Annotated, relating to
professions and businesses, so as to provide legal recognition to the
professions of industrial hygiene, health physics, and safety; to provide a
short title; to provide for a statement of purpose; to provide for definitions;
to prohibit certain actions and conduct by individuals and entities; to regulate
the use of certain terms and titles; to provide that no business entity shall
identify, advertise, or represent itself as a provider of certain services
unless they meet certain requirements; to provide that certain conduct shall be
an unfair business practice; to provide that no entity of state or local
government shall by rule or otherwise prohibit or restrict the practice of
industrial hygiene, health physics, or safety by any qualified individual who
complies with the provisions established by or pursuant to this chapter, except
when authorized by state statute to regulate a specific activity that may
include the practice of industrial hygiene, health physics, or safety; to
provide for exceptions; to provide for penalties; to provide for other matters
relative to the foregoing; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Title
43 of the Official Code of Georgia Annotated, relating to professions and
businesses, is amended by adding a new chapter to read as follows:
"CHAPTER
21A
43-21A-1.
This
chapter shall be known and may be cited as the 'Industrial Hygiene, Health
Physics, and Safety Profession Recognition and Title Protection
Act.'
43-21A-2.
(a)
The purpose of this chapter is to provide legal recognition to the professions
of industrial hygiene, health physics, and safety, as well as provide assurance
to the public that individuals representing themselves as being involved in the
professions of industrial hygiene, health physics, and safety have met minimum
qualifications, thereby protecting the public health and safety.
(b)
This chapter is also enacted for the purposes of:
(1)
Prohibiting an individual from representing that the individual is a certified
associate industrial hygienist, certified health physicist, certified industrial
hygienist, certified safety professional, construction health and safety
technician, occupational health and safety technologist, or registered radiation
protection technologist unless the individual meets certain
qualifications;
(2)
Prohibiting a business entity from identifying, representing, or advertising
itself as a provider of industrial hygiene, health physics, or safety services
furnished by a certified associate industrial hygienist, certified health
physicist, certified industrial hygienist, certified safety professional,
construction health and safety technician, occupational health and safety
technologist, or registered radiation protection technician unless the business
entity meets certain qualifications; and
(3)
Providing or recognizing certain qualifications for individuals and business
entities using certain titles or making certain representations relating to the
provision of industrial hygiene, health physics, or safety
services.
43-21A-3.
As
used in this chapter, the term:
(1)
'Accredited college or university' means a United States college or university
that holds accreditation from one of the six regional accrediting bodies or the
Distance Education and Training Council which are recognized by the Council on
Higher Education and the U.S. Department of Education. A degree must be awarded
during the time for which the institutional accreditation was issued. A college
or university that is located outside of the United States will be considered on
the basis of its accreditation status in the education system that has
jurisdiction.
(2)
'American Academy of Health Physics' means the nonprofit corporation established
to improve the practice and educational standards of the profession of health
physics through certification of individuals by the American Board of Health
Physics which establishes education, experience, examination, and maintenance
requirements for certification and prepares, administers, and grades the
certification examinations and issues certification to successful
candidates.
(3)
'American Board of Industrial Hygiene' means the nonprofit corporation
established to improve the practice and educational standards of the profession
of industrial hygiene by certifying individuals who meet its education,
experience, examination, and maintenance requirements.
(4)
'Board of Certified Safety Professionals' means the nonprofit corporation
established to improve the practice and educational standards of the profession
of safety by certifying individuals who meet its education, experience,
examination, and maintenance requirements.
(5)
'Certified associate industrial hygienist' means a person who has received the
designation 'certified associate industrial hygienist' by the American Board of
Industrial Hygiene and whose certification has not lapsed or been
revoked.
(6)
'Certified health physicist' means a person who has received the designation
'certified health physicist' by the American Board of Health Physics and whose
certification has not lapsed or been revoked.
(7)
'Certified industrial hygienist' means a person who has received the designation
'certified industrial hygienist' by the American Board of Industrial Hygiene and
whose certification has not lapsed or been revoked.
(8)
'Certified safety professional' means a person who has been certified by the
Board of Certified Safety Professionals and whose certification has not lapsed
or been revoked.
(9)
'Construction health and safety technician' means a person who, by virtue of
education, experience, and examination, is recognized by the American Board of
Industrial Hygiene and Board of Certified Safety Professionals Council on
Certification of Health, Environmental and Safety Technologists.
(10)
'Health physicist' means a person having education or experience equivalent to a
baccalaureate or graduate degree from an accredited college or university in
health physics, radiation safety, radiation protection, biology, chemistry,
engineering, physics, or a closely related physical or biological science who,
by virtue of special studies and training, has acquired competence in health
physics. Such special studies and training must have been sufficient in such
cognate sciences to provide the ability and competency to:
(A)
Anticipate and recognize the interactions of radiation with matter and to
understand the effects of radiation on animals, people, and the
environment;
(B)
Evaluate, on the basis of training and experience and with the aid of
quantitative measurement techniques, the magnitude of radiological factors in
terms of their ability to impair human and environmental health and well-being;
and
(C)
Prescribe methods to prevent, eliminate, control, or reduce radiation exposure
to workers, patients, the public, and the environment.
(11)
'Health physics' means that science and art devoted to the anticipation,
recognition, evaluation, and control of radioactive material releases and
potential radiation hazards in or from the workplace that may cause impaired
health and well-being or injury among workers and may also impact the general
community and the environment.
(12)
'Industrial hygiene' means that science and practice devoted to the
anticipation, recognition, evaluation, and control of those environmental
factors and stresses arising in or from the workplace that may cause sickness,
impaired health and well-being, or significant discomfort among workers and may
also impact the general community.
(13)
'Industrial hygiene certification organization' means an organization which has
been in existence for at least five years and which has been established to
improve the practice and educational standards of the profession of industrial
hygiene by certifying individuals who meet its education, experience, and
examination requirements. The organization shall be accredited by the National
Commission of Certifying Agencies, the Council of Engineering and Scientific
Specialty Boards, or a nationally recognized accrediting body which uses
certification criteria equal to or greater than that of the National Commission
of Certifying Agencies or the Council of Engineering and Scientific Specialty
Boards. The organization shall maintain criteria at least equivalent to that of
the American Board of Industrial Hygiene.
(14)
'Industrial hygienist' means a person having a baccalaureate or graduate degree
from an accredited college or university in industrial hygiene, biology,
chemistry, engineering, physics, or a closely related physical or biological
science who, by virtue of special studies and training, has acquired competence
in industrial hygiene. Such special studies and training must have been
sufficient in such cognate sciences to provide the ability and competency
to:
(A)
Anticipate and recognize the environmental factors and stresses associated with
work and work operations and understand their effects on people and their
well-being;
(B)
Evaluate, on the basis of training and experience and with the aid of
quantitative measurement techniques, the magnitude of these factors and stresses
in terms of their ability to impair human health and well-being;
and
(C)
Prescribe methods to prevent, eliminate, control, or reduce such factors and
stresses and their effects.
(15)
'National Registry of Radiation Protection Technologists' means the nonprofit
corporation established to promote the education and training of radiation
protection technologists and, by so doing, to promote and advance the science of
health physics and to provide incentives and services to encourage personnel to
maintain and expand radiation protection education and training.
(16)
'Occupational health and safety technologist' means a person who, by virtue of
special studies and training, has acquired proficiency in one or more areas of
occupational health and safety recognized by the American Board of Industrial
Hygiene and Board of Certified Safety Professionals Council on Certification of
Health, Environmental and Safety Technologists.
(17)
'Registered radiation protection technologist' means a person who has received
the designation 'registered radiation protection technologist' from the National
Registry of Radiation Protection Technologists, whose registration has not
lapsed or been revoked, and who is engaged in providing protection to the
radiation worker, the general public, and the environment from the effects of
ionizing radiation.
(18)
'Safety profession' means the science and art concerned with the preservation of
human and material resources through the systematic application of principles
drawn from such disciplines as engineering, education, psychology, physiology,
enforcement, and management for anticipating, identifying, and evaluating
hazardous conditions and practices; developing hazard control designs, methods,
procedures, and programs; implementing, administering, and advising others on
hazard controls and hazard control programs; and measuring, auditing, and
evaluating the effectiveness of hazard controls and hazard control
programs.
(19)
'Safety profession certification organization' means an organization which has
been in existence for at least five years and which has been established to
improve the practice and educational standards of the safety profession by
certifying individuals who meet its education, experience, and examination
requirements. The organization shall be accredited by the National Commission
of Certifying Agencies, the Council of Engineering and Scientific Specialty
Boards, or a nationally recognized accrediting body which uses certification
criteria equal to or greater than that of the National Commission of Certifying
Agencies or the Council of Engineering and Scientific Specialty Boards. The
organization shall maintain criteria at least equivalent to that of the Board of
Certified Safety Professionals.
43-21A-4.
(a)
An individual shall meet the requirements and qualifications as set out in this
chapter before such individual uses the title or represents himself or herself
to the public as a certified associate industrial hygienist, certified health
physicist, certified industrial hygienist, certified safety professional,
construction health and safety technician, health physicist, industrial
hygienist, occupational health and safety technologist, or registered radiation
protection technologist.
(b)
An individual shall not use the title 'certified associate industrial
hygienist,' the initials 'CAIH' or 'C.A.I.H.,' or any variation of those terms
to identify, advertise, or represent, by any means of communication, that the
individual provides industrial hygiene services as a certified associate
industrial hygienist unless:
(1)
The individual is designated as a certified associate industrial hygienist by
the American Board of Industrial Hygiene; and
(2)
The certified associate industrial hygienist designation has not lapsed or been
revoked.
(c)
An individual shall not use the title 'certified health physicist,' the initials
'CHP' or 'C.H.P.,' or any variation of those terms to identify, advertise, or
represent, by any means of communication, that the individual provides health
physics services as a certified health physicist unless:
(1)
The individual is designated as a certified health physicist by the American
Board of Health Physics; and
(2)
The certified health physics designation has not lapsed or been
revoked.
(d)
An individual shall not use the title 'certified industrial hygienist,' the
initials 'CIH' or 'C.I.H.,' or any variation of those terms to identify,
advertise, or represent, by any means of communication, that the individual
provides industrial hygiene services as a certified industrial hygienist
unless:
(1)
The individual is designated as a certified industrial hygienist by the American
Board of Industrial Hygiene; and
(2)
The certified industrial hygienist designation has not lapsed or been
revoked.
(e)
An individual shall not use the title 'certified safety professional,' the
initials 'CSP' or 'C.S.P.,' or any variation of those terms to identify,
advertise, or represent, by any means of communication, that the individual
provides safety services as a certified safety professional unless:
(1)
The individual is designated as a certified safety professional by the Board of
Certified Safety Professionals; and
(2)
The certified safety professional designation has not lapsed or been
revoked.
(f)
An individual shall not use the title 'construction health and safety
technician,' the initials 'CHST' or 'C.H.S.T.,' or any variation of those terms
to identify, advertise, or represent, by any means of communication, that the
individual provides industrial hygiene or safety services as a construction
health and safety technician unless:
(1)
The individual is designated as a construction health and safety technician by
the American Board of Industrial Hygiene and the Board of Certified Safety
Professionals Council on Certification of Health, Environmental and Safety
Technologists; and
(2)
The construction health and safety technician designation has not lapsed or been
revoked.
(g)
An individual shall not use the title 'health physicist,' the initials 'HP' or
'H.P.,' or any variation of those terms to identify, advertise, or represent, by
any means of communication, that the individual provides health physics services
as a health physicist unless the individual meets the definition of health
physicist as stated in this chapter.
(h)
An individual shall not use the title 'industrial hygienist,' the initials 'IH'
or 'I.H.,' or any variation of those terms to identify, advertise, or represent,
by any means of communication, that the individual provides industrial hygiene
services as an industrial hygienist unless the individual meets the definition
of industrial hygienist as stated in this chapter.
(i)
An individual shall not use the title 'occupational health and safety
technologist,' the initials 'OHST' or 'O.H.S.T.,' or any variation of those
terms to identify, advertise, or represent, by any means of communication, that
the individual provides industrial hygiene or safety services as an occupational
health and safety technologist unless:
(1)
The individual is designated as an occupational health and safety technologist
by the American Board of Industrial Hygiene and the Board of Certified Safety
Professionals Council on Certification of Health, Environmental and Safety
Technologists; and
(2)
The occupational health and safety technologist designation has not lapsed or
been revoked.
(j)
An individual shall not use the title 'registered radiation protection
technologist,' the initials 'RRPT' or 'R.R.P.T.,' or any variation of those
terms to identify, advertise, or represent, by any means of communication, that
the individual provides radiation protection services as a registered radiation
protection technologist unless:
(1)
The individual is designated as a registered radiation protection technologist
by the National Registry of Radiation Protection Technologists; and
(2)
The registered radiation protection technologist designation has not lapsed or
been revoked.
43-21A-5.
(a)
A business entity shall not identify, advertise, or represent itself as a
provider of industrial hygiene services furnished by certified associate
industrial hygienists unless the industrial hygiene services are provided by or
under the direct supervision of a certified associate industrial
hygienist.
(b)
A business entity shall not identify, advertise, or represent itself as a
provider of health physics services furnished by certified health physicists
unless the health physics services are provided by or under the direct
supervision of a certified health physicist.
(c)
A business entity shall not identify, advertise, or represent itself as a
provider of industrial hygiene services furnished by certified industrial
hygienists unless the industrial hygiene services are provided by or under the
direct supervision of a certified industrial hygienist.
(d)
A business entity shall not identify, advertise, or represent itself as a
provider of safety services furnished by certified safety professionals unless
the safety services are provided by or under the direct supervision of a
certified safety professional.
(e)
A business entity shall not identify, advertise, or represent itself as a
provider of industrial hygiene or safety services furnished by occupational
health and safety technologists unless the industrial hygiene or safety services
are provided by or under the direct supervision of an occupational health and
safety technologist.
(f)
A business entity shall not identify, advertise, or represent itself as a
provider of radiation protection services furnished by registered radiation
protection technologists unless the radiation protection services are provided
by or under the direct supervision of a registered radiation protection
technologist.
(g)
A business entity shall not identify, advertise, or represent itself as a
provider of industrial hygiene or safety services furnished by construction
health and safety technicians unless the industrial hygiene or safety services
are provided by or under the direct supervision of a construction health and
safety technician.
43-21A-6.
It
is an unfair business practice for any person to represent himself or herself as
a certified associate industrial hygienist, certified health physicist,
certified industrial hygienist, certified safety professional, construction
health and safety technician, health physicist, industrial hygienist,
occupational health and safety technologist, or registered radiation protection
technologist unless they comply with the requirements of this
chapter.
43-21A-7.
No
entity of state or local government shall by rule or otherwise prohibit or
restrict the practice of industrial hygiene, health physics, or safety by any
qualified individual who complies with the provisions established by or pursuant
to this chapter, except when authorized by state statute to regulate a specific
activity that may include the practice of industrial hygiene, health physics, or
safety.
43-21A-8.
This
chapter does not apply to:
(1)
A person employed as an apprentice under the supervision of a certified
associate industrial hygienist, certified health physicist, certified industrial
hygienist, certified safety professional, construction health and safety
technician, occupational health and safety technologist, or registered radiation
protection technologist;
(2)
A student studying industrial hygiene, health physics, or safety engaging in
supervised activities related to industrial hygiene, health physics, or
safety;
(3)
Any person legally regulated in this state under any other licensing Act or
regulation and engaging in the activities permitted under his or her license,
provided he or she does not represent himself or herself to the public as a
certified associate industrial hygienist, certified health physicist, certified
industrial hygienist, certified safety professional, construction health and
safety technician, health physicist, industrial hygienist, occupational health
and safety technologist, or registered radiation protection technologist;
and
(4)
Individuals practicing within the scope of the meaning of industrial hygiene,
health physics, or safety so long as the individual does not use the title or
initials of or represent themselves to the public as a certified associate
industrial hygienist, certified health physicist, certified industrial
hygienist, certified safety professional, construction health and safety
technician, health physicist, industrial hygienist, occupational health and
safety technologist, or registered radiation protection
technologist.
43-21A-9.
No
person shall mislead or deceive anyone by the unauthorized use of any industrial
hygiene, health physics, or safety certification mark that has been awarded by
the U.S. Patent and Trademark Office.
43-21A-10.
Any
person who violates this chapter shall be guilty of a misdemeanor and, upon
conviction, shall be punished by a fine not exceeding
$1,000.00."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.