[First Reprint]

ASSEMBLY, No. 840

 

STATE OF NEW JERSEY

 

PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION

 

 

By Assemblyman ARNONE

 

 

An Act concerning the licensure and duties of health officers and specialists and revising parts of the statutory law.

 

    Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

    1. R.S.24:2-3 is amended to read as follows:

    24:2-3. The state board may appoint such analysts, chemists, specialists, chief inspectors and other inspectors and employees as may be authorized by law, and the persons thus appointed shall perform such duties as may be assigned to them by the state department. The state board shall fix the salaries of all such officers and employees subject to the provisions of Title [11] 11A of the New Jersey Statutes, Civil Service, except when otherwise provided by statute.

(cf: R.S.24:2-3)

 

    2. R.S.24:2-4 is amended to read as follows:

    24:2-4. The local board of health may designate from among its [sanitary inspectors] registered environmental health specialists one or more [inspectors] registered environmental health specialists who shall [be known as local food and drug inspectors] perform the duties relating to food and drug inspection required under R.S.24:2-1 et seq. The local board may also appoint one or more food and drug analysts.

(cf: R.S.24:2-4)

 

    3. R.S.24:2-5 is amended to read as follows:

    24:2-5. The [local food and drug inspector] registered environmental health specialist designated under R.S.24:2-4 shall have, within the jurisdiction of the local board appointing him, all the power and authority given [an inspector] a specialist appointed by the State board under the authority of [section] R.S.24:2-3 [of this title]. He shall, in addition to the usual duties of [a sanitary inspector] a registered environmental health specialist, aid in the enforcement of the provisions of this subtitle.

(cf: R.S.24:2-5)

 

    4. Section 38 of P.L.1947, c.177 (C.26:1A-38) is amended to read as follows:

    38. The Public Health Council shall prescribe the qualifications necessary for the licensing of health officers[, sanitary inspectors, food and drug inspectors, milk inspectors, meat inspectors, plumbing inspectors and public health and laboratory technicians] and registered environmental health specialists and shall prescribe the qualifications necessary for the renewal of any license permitted to remain in effect under section 41 of P.L.1947, c.177 (C.26:1A-41).

(cf: P.L.1950, c.119, s.2)

 

    5. Section 39 of P.L.1947, c.177 (C.26:1A-39) is amended to read as follows:

    39. The [Commissioner] 1Commissioner in consultation with the1 Public Health Council shall cause examinations to be conducted in such manner and at such times and places as [he may prescribe,]may be necessary for the purpose of determining the qualifications of applicants for licenses [as health officers, sanitary inspectors, food and drug inspectors, milk inspectors, meat inspectors, plumbing inspectors, and public health laboratory technicians of the classes and grades] set forth in section 41 [hereof] of P.L.1947, c.177 (C.26:1A-41). Applications for examination [in any of classes and grades] for any of the licenses enumerated in section 41 of [this act] P.L.1947, c.177 (C.26:1A-41), must be made in writing upon forms supplied by the department. [The department shall collect from each applicant who shall be admitted to the examination the following fees: For each examination for a health officer's license, $25.00; for each examination for a sanitary inspector's license of the first grade, $25.00; for each examination for a milk inspector's license, $25.00; for each examination for a food and drug inspector's license, $25.00; for each examination for a veterinary meat inspector's license, $25.00; for each examination for a meat inspector's license, $25.00; for each examination for a sanitary inspector's license of the second grade, $25.00; for each examination for public health laboratory technician's license, $25.00; for each examination for a plumbing inspector's license of the first grade, $25.00; and for each examination for a plumbing inspector's license of the second grade, $25.00.]

(cf: P.L.1971, c.157, s.1)

 

    6. Section 41 of P.L.1947, c.177 (C.26:1A-41) is amended to read as follows:

    41. The commissioner shall, in the name of the department, issue the following [classes and grades of] licenses:

    a. Health officer's license;

    b. [Sanitary inspector's license of the first grade;](Deleted by amendment, P.L. , c. ) (pending before the Legislature as this bill)

    c. [Sanitary inspector's license of the second grade;](Deleted by amendment, P.L. , c. ) (pending before the Legislature as this bill)

    d. [Plumbing inspector's license of the first grade;](Deleted by amendment, P.L. , c. ) (pending before the Legislature as this bill)

    e. [Plumbing inspector's license of the second grade;](Deleted by amendment, P.L. , c. ) (pending before the Legislature as this bill)

    f. [Food and drug inspector's license;](Deleted by amendment, P.L. , c. ) (pending before the Legislature as this bill)

    g. [Milk inspector's license;](Deleted by amendment, P.L. , c.   ) (pending before the Legislature as this bill)

    h. [Meat inspector's license;](Deleted by amendment, P.L. , c.   )(pending before the Legislature as this bill)

    i. [Veterinary meat inspector's license;](Deleted by amendment, P.L. , c. ) (pending before the Legislature as this bill)

    j. [Public health laboratory technician's license] (Deleted by amendment, P.L. , c. ) (pending before the Legislature as this bill).

    k. Registered environmental health specialist's license.

    However, any health officer's license, sanitary inspector's license, and plumbing inspector's license [heretofore] issued before the effective date of P.L.1947, c.177 (C.26:1A-1 et seq.) by the State Department of Health shall, unless suspended or revoked in accordance with the provisions of sections 43 and 44 of [this] that act, remain in effect during the employment as such of the holder thereof.

    Any license eliminated by P.L. , c. (c. )(now pending before the Legislature as this bill) shall, unless suspended or revoked in accordance with the provisions of section 43 and 44 of P.L.1947, c.177 (C.26:1A-43 and C.26:1A-44), remain in effect until the holder thereof does not renew the license within two years from the date of its expiration, or the commissioner does not renew the license in accordance with section 42 of that act, whichever comes first.

(cf: P.L.1956, c.171, s.2)

 

    7. Section 42 of P.L.1947, c.177 (C.26:1A-42) is amended to read as follows:

    [4.]42. Each applicant whose examination shall be approved by the commissioner shall receive the initial license to which his examination may entitle him. All licenses issued by the commissioner shall expire on December 31 of each year and may be renewed upon the payment of a renewal fee [or $10.00] adopted by the commissioner under section 19 of P.L. , c. (C. ) (now pending before the Legislature as this bill) and upon the satisfactory completion by the applicant of any further requirements which may be adopted by the commissioner under that section.

(cf: P.L.1971, c.157, s.2)

 

    8. Section 43 of P.L.1947, c.177 (C.26:1A-43) is amended to read as follows:

    43. Any license issued in accordance with the provisions of this article, and any health officer's license[,]or sanitary inspector's license[, and plumbing inspector's license] heretofore issued by the State Department of Health, may be suspended or revoked, [in the manner provided in section 44 hereof] after notice and hearing conducted by an administrative law judge pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), for any of the following causes:

    a. Violation of any of the provisions of this act or of any law relating to public health;

    b. Violation of any provision of the State Sanitary Code;

    c. Violation of any applicable local health regulation or ordinance;

    d. Any act or happening occurring after the making of application for such license which, if the same had occurred prior to said time, would have prevented the issuance of such license; or

    e. A conviction in a court of competent jurisdiction, either within or outside this State, of a crime involving moral turpitude, except that if the conviction is reversed and the holder of the license is discharged or acquitted, or if the holder is pardoned or the civil rights of the holder are restored, the holder may obtain a license.

    Notwithstanding any provision of section 10 of P.L.1968, c.410 (C.52:14B-10) to the contrary, the commissioner, before adopting, rejecting or modifying the recommended report and decision of an administrative law judge, shall consult with the Public Health Council.

    The suspension or revocation of a license shall be effected by a notice in writing of the suspension or revocation, designating the effective date thereof, and in the case of a suspension, the term of the suspension, which notice may be served upon the licensee personally or by mailing the same by registered mail addressed to the licensee at the licensee's home address.

    The commissioner shall file a copy of the notice of suspension or revocation of license with the local board of health.

(cf: P.L.1947, c.177, s.43)

 

    9. R.S.26:3-19 is amended to read as follows:

    26:3-19. The local board may employ such personnel as it may deem necessary, [including health officers, public health laboratory technicians, plumbing inspectors, food and drug inspectors, milk inspectors and meat inspectors, of the classes and grades provided for by law,]to carry into effect the powers vested in it. It shall fix the duties and compensation of every appointee and, as to local boards which shall not be operating under the provisions of [subtitle three,]Title [11] 11A, Civil Service, of the [Revised] New Jersey Statutes, fix the term of every appointee.

    The appointees, agents and officers of a local board, which shall not be operating under the provisions of [subtitle three,]Title [11] 11A Civil Service, of the [Revised] New Jersey Statutes shall hold their offices during the term for which they are severally appointed, and shall not be removed except for cause and after an opportunity has been given them for a hearing.

    Any duly appointed health officer shall, subject to the superior authority of the local board appointing him, be its general agent for the enforcement of its ordinances and the sanitary laws of the State. The health officer shall provide leadership in the field of public health in the community served by the local board as required under the "Recognized Public Health Activities and Minimum Standards of Performance." In addition to being the chief executive officer of the local board, the health officer is responsible for evaluating the health problems of the community served by the local board, planning appropriate activities to meet the health problems of the citizens thereof, developing necessary budget procedures to cover these activities and directing the staff of the local board to carry out these activities efficiently and economically.

    Any other duly appointed [public health laboratory technician, sanitary inspector, food and drug inspector, milk inspector, meat inspector or plumbing inspector] person shall be the agent of the local board appointing him for the performance of such services not inconsistent with the license held as such local board, or any officer under the authority of such board, shall assign to him. [A sanitary inspector] A registered environmental health specialist is authorized to make all types of inspections for a local board except plumbing inspections. A registered environmental health specialist is required to compile proper records of these inspections, inform persons of their violations, the bases thereof, and the methods of abating these violations and obtain any evidence necessary for legal action.

    The licensure requirements of this section shall not apply to a person engaged in the administration and enforcement of environmental protection laws and regulations governed by the State Department of Environmental Protection.

(cf: P.L.1950, c.119, s.5)

 

    10. Section 1 of P.L.1951, c.333 (C.26:3-19.1) is amended to read as follows:

    1. All health officers, [sanitary inspectors, plumbing inspectors and employees of] registered environmental health specialists and other persons selected to fill available positions in a local board of health in any municipality, which has adopted, or shall hereafter adopt, the provisions of [subtitle three of] Title [11] 11A (Civil Service) of the [Revised] New Jersey Statutes, shall be appointed in accordance with the provisions [of said subtitle three] of Title [11] 11A of the [Revised] New Jersey Statutes and all such health officers, sanitary inspectors[, plumbing inspectors] and employees of any such local board of health now holding office, position or employment and who were holding such office, position or employment on July 1, 1950, shall be placed in the career service of the civil service, without examination, and shall be entitled to all the rights, privileges and benefits of such classified service and their successors shall be appointed in accordance with the provisions of [said subtitle three of] Title [11] 11A of the [Revised] New Jersey Statutes.

(cf: P.L.1951, c.333, s.1)

 

    11. R.S.26:3-20 is amended to read as follows:

    26:3-20. No local board shall appoint any person [as health officer, public health laboratory technician, sanitary inspector, food and drug inspector, milk inspector, meat inspector or plumbing inspector] to a position for which a license is required under section 41 of P.L.1947, c.177 (C.26:1A-41) nor employ a person to do work ordinarily performed by a [health officer, public health laboratory technician, or an inspector of any of the classes named] person required to hold a license under that section, who is not the holder of a proper license as such.

(cf: P.L.1950, c.119, s.6)

 

    12. R.S.26:3-21 is amended to read as follows:

    26:3-21. Any holder of a license [as a health officer] required under section 41 of P.L.1947, c.177 (C.26:1A-41) shall be eligible to appointment [as such officer] to the position for which the license is required by any local board.

    [Any holder of a license as a public health laboratory technician shall be eligible to appointment as a public health laboratory technician by any board of health.

    Any holder of a license as a sanitary inspector of the first grade shall be eligible to appointment as such inspector by any local board.

    Any holder of a license as a sanitary inspector of the second grade shall be eligible to appointment as such inspector by the local board in any municipality having a population of not more than 25,000 at the last federal census.

    In every municipality having a population of more than 25,000, all sanitary inspectors appointed shall be of the first grade; provided, however, that if the local board of such municipality employs two or more inspectors of the first grade, it may employ sanitary inspectors of the second grade on a temporary basis until such inspectors have qualified for and received licenses as sanitary inspector of the first grade. In no case shall such temporary employment of a second grade sanitary inspector continue for more than three years from the date of his original appointment.

    Any holder of a license as food and drug inspector shall be eligible to appointment as such inspector by any local board.

    Any holder of a license as milk inspector shall be eligible to appointment as such inspector by any local board.

    Any holder of a license as meat inspector shall be eligible to appointment as such inspector by any local board.

    Any holder of a license as plumbing inspector of the first grade shall be eligible to appointment as such inspector by any local board.

    Any holder of a license as plumbing inspector of the second grade shall be eligible to appointment as such inspector by the local board of any municipality having a population of not more than 25,000 at the last Federal census.

    All sanitary inspectors' licenses of the first class issued prior to the passage of this act shall be accepted as sanitary inspectors' licenses of the first grade. All sanitary inspectors' licenses of the second class issued prior to the passage of this act shall be accepted as sanitary inspectors' licenses of the second grade. All sanitary inspectors' licenses of the third class issued prior to the passage of this act shall remain valid in townships and entitle holders thereof to serve legally as sanitary inspectors in the employ of township boards of health. All plumbing inspectors licenses issued prior to the passage of this act shall be accepted as plumbing inspectors' licenses of the first grade. Any holder of a license as plumbing inspector issued prior to the passage of this act who applies to the department for a corresponding license of the first grade shall be issued such license.

    All laboratory technicians now employed by boards of health under whatsoever title for the specific purpose of performing laboratory tests in bacteriology, serology, chemistry and related technical laboratory tests shall be granted public health laboratory technicians' licenses, without further examination, by the State Department of Health; provided, that said technicians apply to the department for same on a form provided by the department within one year of the effective date of this act.]

(cf: P.L.1950, c.119, s.7)

 

    13. R.S.26:3-22 is amended to read as follows:

    26:3-22. Local boards of health of two or more adjacent municipalities may join in employing a health officer and one or more [sanitary inspectors] registered environmental health specialists and other personnel. In such case, the local boards of such municipalities or a regional health commission formed by them, as the case may be, shall fix the salary to be paid to [the health officer, inspectors and other personnel] these persons, arrange the duties of such persons and in the case of regional health commissions apportion the sums to be paid by each of the municipalities, which sums shall be paid from moneys appropriated to the local boards of such municipalities.

(cf: P.L.1947, c.181, s.4)

 

    14. R.S.26:3-23 is amended to read as follows:

    26:3-23. If in any township sufficient [sanitary] environmental inspection is not secured, the [state] State department may, on notice to the local board, require the appointment by the local board of [a sanitary inspector] a registered environmental health specialist for the township who shall be paid by the local board of the township [a sum not less than fifty dollars a year] at an equitable rate of reimbursement for his services [as inspector].

(cf: R.S.26:3-23)

 

    15. R.S.26:3-24 is amended to read as follows:

    26:3-24. In every municipality[, other than a township,]containing a population of 2,000 inhabitants or more, there shall be at least one [sanitary inspector] registered environmental health specialist appointed by the local board.

(cf: R.S.26:3-24)

 

    16. Section 5 of P.L.1947, c.181 (C.26:3-25.1) is amended to read as follows:

    5. Every [health officer and every sanitary inspector, plumbing inspector, food and drug inspector, milk inspector, meat inspector and public health laboratory technician holding] person holding a license [as such issued in the name of the State Department of Health] issued under section 41 of P.L.1947, c.177 (C.26:1A-41), who is employed [as such] in a position for which this license is required by any board of health, municipality or group of municipalities shall receive [his or her] the maximum salary in [their respective salary ranges] the person's range, within five years from the date of [his or her] appointment [as such health officer inspector or public health laboratory technician] to this position if the majority of the person's job performance evaluations are satisfactory.

(cf: P.L.1950, c.119, s.8)

 

    17. R.S.26:3-27 is amended to read as follows:

    26:3-27. The local board or regional health commission, not operating under the provisions of [subtitle three,]Title [11] 11A, Civil Service, of the [Revised] New Jersey Statutes, employing a health officer[, public health laboratory technician or inspector] or any other person whom it is sought to remove, shall formulate or receive charges in writing, against such person and shall fix a time and place for a hearing thereon.

    A written copy of the charges and a written notice of the time and place of the hearing shall be served upon the person sought to be removed at least 20 days prior to the hearing.

    At the hearing the local board or regional health commission shall hear all witnesses and receive all evidence produced, and if the charges are found to be true in fact, and just cause be shown, the local board or regional health commission may remove or reduce the pay, or position of the person against whom the charges are made.

(cf: P.L.1950, c.119, s.9)

 

    18. R.S.26:3-53 is amended to read as follows:

    26:3-53. A notice by any health officer[,]or [sanitary or plumbing inspector,]registered environmental health specialist [or authorized member of the local board,]to remove and abate any nuisance shall be taken as a notice from the board. If the owner or persons notified fails to remove and abate the nuisance complained of, the board may cause it be removed and abated in a summary manner, giving written directions to its representative in relation thereto, and he shall proceed according to the directions so given.

(cf: R.S.26:3-53)

 

    19. (New section) The commissioner shall prepare a fee schedule to cover the reasonable administrative costs associated with examination and licensing procedures and submit the fee schedule to the Legislature for review. The commissioner shall subsequently adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), the fee schedule. These fees shall be maintained in a separate account and used only for the purposes set forth in this section.

 

    20. R.S.26:3-28, section 1 of P.L.1971, c.454 (C.26:1A-40.1), section 44 of P.L.1947, c.177 (C.26:1A-44) and section 9 of P.L.1968, c.105 (C.24:16B-9) are repealed.

 

    21. This act shall take effect on the 180th day following enactment.

 

 

Revises titles and duties of certain local health officers.