South Carolina Code of Regulations Chapter 50 - SOUTH CAROLINA STATE BOARD OF EXAMINERS FOR REGISTERED ENVIRONMENTAL SANITARIANS

Overview of South Carolina Code of Regulations Chapter 50

South Carolina State Board of Examiners for Registered Environmental Sanitarians

What is Chapter 50?

Chapter 50 establishes the South Carolina State Board of Examiners for Registered Environmental Sanitarians (the Board) and governs the certification, licensing, and regulation of Registered Environmental Sanitarians (RES) in South Carolina. Registered Environmental Sanitarians are professionals responsible for protecting public health through sanitation, environmental health, and safety measures.

Purpose and Scope

The regulations under Chapter 50 aim to:

Establish qualifications and standards for registration of environmental sanitarians,

Protect public health by ensuring competent professional practice,

Regulate professional conduct and ethics,

Provide procedures for examination, registration, renewal, and discipline,

Define the powers and duties of the Board.

Regulatory Framework and Key Provisions

1. Board Composition and Authority

The Board consists of appointed members who are experienced professionals in environmental health or related fields.

It has statutory authority to regulate RES through licensure and enforcement of standards.

2. Registration and Licensing

Criteria for eligibility including education, experience, and examination requirements,

Application procedures for initial registration,

Renewal requirements, including continuing education hours to maintain competency,

Provisions for reciprocity or endorsement for out-of-state sanitarians.

3. Examinations

The Board administers or approves examinations designed to assess competency in environmental sanitation and public health principles,

Passing the exam is a prerequisite for registration.

4. Code of Ethics and Professional Conduct

Registered Environmental Sanitarians must adhere to a strict code of ethics,

Rules against fraud, misrepresentation, negligence, and unprofessional behavior,

Obligations to report violations and maintain public trust.

5. Disciplinary Actions

Grounds for disciplinary action include incompetence, misconduct, violation of laws or regulations, and unethical behavior,

Procedures for investigation, hearings, and appeals,

Possible sanctions include reprimand, suspension, revocation of registration, and fines.

6. Fees

Fees for application, examination, renewal, and other administrative services are set by the Board.

Statutory Authority

The Board operates under the authority of South Carolina Code of Laws Title 40 - Professions and Occupations, specifically provisions related to environmental health professionals.

Chapter 50 implements these statutory mandates through detailed administrative rules.

Relevant South Carolina Case Law Related to Environmental Health and Licensing Boards

Though direct case law specifically addressing the South Carolina State Board of Examiners for Registered Environmental Sanitarians is limited, related cases involving professional licensing boards and environmental health offer important guidance:

1. South Carolina State Board of Dentistry v. Nelson, 372 S.C. 217, 641 S.E.2d 910 (2007)

Summary: This case involved the authority of a state professional board to discipline a licensee for violations of professional conduct.

Key Point: The South Carolina Supreme Court affirmed that licensing boards have broad authority to enforce ethical standards and impose discipline to protect the public.

Relevance: Supports the Board’s disciplinary powers under Chapter 50.

2. South Carolina Dept. of Health and Environmental Control v. Freeman, 382 S.C. 474, 677 S.E.2d 54 (2009)

Summary: Addressed environmental health regulatory authority and enforcement actions against violations of sanitation laws.

Key Point: The court upheld the state's ability to enforce environmental health standards for public welfare.

Relevance: Highlights the critical role of environmental sanitarians and the legitimacy of the Board’s regulatory oversight.

3. Department of Labor, Licensing and Regulation v. Parker, 335 S.C. 445, 517 S.E.2d 781 (1999)

Summary: Case concerning procedural due process in administrative hearings by licensing boards.

Key Point: The court emphasized the requirement of fair notice, an opportunity to be heard, and impartial decision-making in disciplinary proceedings.

Relevance: Sets procedural standards the Board must follow under Chapter 50 for investigations and disciplinary actions.

Practical Impact of Chapter 50

Environmental Sanitarians in South Carolina must meet stringent qualifications to ensure professional competence.

The Board protects public health by regulating professionals who oversee sanitation, disease control, and environmental safety.

The licensing process provides assurance that only qualified individuals practice, promoting public confidence.

The Board’s disciplinary authority maintains high ethical and professional standards.

Continuing education requirements encourage professionals to stay current on environmental health issues.

Summary

South Carolina Code of Regulations Chapter 50 governs the licensing, regulation, and discipline of Registered Environmental Sanitarians.

It ensures that professionals tasked with protecting environmental health meet competency and ethical standards.

The Board operates under statutory authority with the power to examine, register, and discipline sanitarians.

South Carolina courts uphold the Board’s authority, emphasizing public protection, due process, and ethical enforcement.

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