West Virginia Code of State Rules Agency 20 - Sanitarians
🔷 Overview: West Virginia Code of State Rules – Agency 20: Sanitarians
Agency 20 of the West Virginia Code of State Rules governs the licensure, regulation, and conduct of public health sanitarians. These professionals are responsible for protecting public health by inspecting and monitoring environmental health factors such as food safety, water sanitation, waste disposal, housing, and vector control.
The rules are enforced by the West Virginia Board of Sanitarians, which is authorized under W. Va. Code § 30-17-1 et seq. to regulate the practice of registered sanitarians in the state.
🔹 Purpose of Agency 20 Regulations
The main objectives of Agency 20 are to:
Set qualification standards for becoming a sanitarian.
Establish and enforce licensing and renewal procedures.
Define scope of practice and professional conduct.
Provide for disciplinary action in cases of misconduct or incompetence.
Protect the health and safety of the public through regulatory oversight.
🔹 Key Provisions of Agency 20
1. Licensure and Registration
To become a Registered Sanitarian (RS) in West Virginia, individuals must:
Hold a bachelor's degree with specific coursework in biological or environmental sciences.
Pass a nationally recognized examination (typically the NEHA REHS/RS exam).
Submit a completed application with documentation and fees.
A Sanitarian-in-Training (SIT) credential may be granted to applicants who have not yet completed the exam but meet educational requirements.
2. Renewal and Continuing Education
Sanitarians must renew their registration annually.
They are required to complete a specific number of continuing education hours (CEUs) to maintain competence and stay current with best practices.
3. Scope of Practice
Sanitarians work in areas including, but not limited to:
Food safety inspections
Public water supply and private well monitoring
Sewage and wastewater system oversight
Vector control (e.g., mosquitoes, rodents)
Indoor air quality assessments
Occupational and institutional health
Recreational water safety (pools, spas)
Health investigations related to outbreaks or complaints
They are authorized to inspect, report, and enforce public health laws and regulations in collaboration with local health departments.
4. Ethical Standards and Professional Conduct
Agency 20 sets expectations for:
Integrity and objectivity in inspections and reporting.
Confidentiality in handling sensitive health data.
Avoidance of conflicts of interest.
Duty to report public health threats or violations.
Violations can lead to investigation, suspension, or revocation of registration.
5. Disciplinary Actions
The Board may take action against a sanitarian who:
Engages in fraud, negligence, or unethical conduct.
Fails to comply with continuing education or renewal requirements.
Is convicted of a felony or offense related to professional duties.
Disciplinary actions may include:
Suspension or revocation of registration
Fines
Probation or supervision
Reprimands
Due process is required, including notice and a hearing.
🔹 Legal and Administrative Principles
✅ Administrative Due Process
Because registration is a property interest, sanitarians are entitled to procedural due process before their registration can be suspended or revoked.
This includes:
Written notice of charges
Opportunity to respond at a hearing
Right to appeal
✅ State Police Power and Public Health
The regulation of sanitarians is a valid exercise of the state’s police power to protect the health, safety, and welfare of the public.
Courts have upheld licensing requirements for health professionals as long as they are rationally related to a legitimate public interest.
🔹 Relevant Case Law
While there are no high-profile, reported West Virginia cases specifically on Agency 20, general principles from health and administrative law apply. Below are relevant West Virginia and national cases that demonstrate key issues:
⚖️ Smith v. West Virginia Board of Medicine, 212 W.Va. 189 (2002)
Issue: Due process in professional license revocation.
Holding: The Court held that before a state agency can revoke a professional license, it must provide fair notice and a hearing.
Relevance: Applies to sanitarians facing disciplinary action by the Board.
⚖️ Hickman v. Medical Licensing Board, 184 W.Va. 457 (1990)
Issue: Whether administrative agency exceeded its disciplinary authority.
Holding: Licensing boards must follow procedures strictly and stay within the limits of their statutory authority.
Relevance: Ensures Agency 20 cannot impose penalties without legal justification.
⚖️ Goldfarb v. Virginia State Bar, 421 U.S. 773 (1975)
Issue: Licensing and regulation of professionals under state power.
Holding: States may regulate professionals, including setting entry and ethical standards, so long as not arbitrary.
Relevance: Confirms legitimacy of requiring sanitarians to meet strict educational and ethical standards.
🔹 Summary Table
| Component | Details |
|---|---|
| Agency | WV Board of Sanitarians (Agency 20 Rules) |
| Legal Authority | W.Va. Code § 30-17 |
| Licensing | Bachelor's degree, exam, application, background check |
| Sanitarian-in-Training | Temporary status before full registration |
| Continuing Education | Required for renewal |
| Scope of Practice | Food safety, water, wastewater, vector control, environmental health |
| Discipline | Complaints, investigations, hearings, license suspension/revocation |
| Case Law Principles | Due process, administrative fairness, public health regulation |
| Key Cases | Smith v. WV Board, Hickman, Goldfarb v. VA State Bar |
✅ Conclusion
Agency 20 provides the framework for ensuring professional standards among sanitarians in West Virginia. These environmental health professionals are vital to public safety, and the rules ensure they are qualified, ethical, and accountable.
The West Virginia Board of Sanitarians has broad authority to license, monitor, and discipline sanitarians, but its actions must comply with constitutional due process and administrative law principles.
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