Ohio Administrative Code Title 4736 - State Board of Sanitarian Engineers
Ohio Administrative Code Title 4736 – State Board of Sanitarian Engineers
1. Overview
OAC Title 4736 governs the licensing, regulation, and discipline of sanitarians in Ohio. Sanitarians are professionals responsible for environmental and public health, including:
Food safety inspections
Water and wastewater monitoring
Vector and pest control
Solid waste and sanitation management
The Board ensures that sanitarians meet education and experience requirements, adhere to ethical and professional standards, and maintain public safety.
2. Key Provisions of Title 4736
A. Registration and Licensing
Only individuals who meet education, training, and examination requirements can become registered sanitarians.
Applicants must pass a board-approved examination and demonstrate competence in public health regulations.
B. Renewal and Continuing Education
Sanitarians must complete a minimum number of continuing education hours for license renewal.
Failure to meet CE requirements can result in denial of renewal or probation.
C. Disciplinary Authority
The Board can deny, suspend, revoke, or refuse renewal of a registration for:
Fraud or misrepresentation in obtaining a license
Criminal convictions affecting professional competence
Unprofessional conduct or negligence
Allowing unregistered persons to practice
Failure to comply with public health or safety laws
D. Confidential Information
Board investigations may involve accessing confidential personal or employment information, strictly for enforcement purposes.
3. Enforcement Mechanisms
Investigations
Complaints can be filed by employers, coworkers, or the public.
The Board reviews documents, conducts interviews, and may audit inspection records.
Hearings
Registered sanitarians may request a formal hearing before disciplinary actions.
The Board follows procedures under Ohio law to ensure fairness.
Penalties
Revocation – Permanent loss of license
Suspension – Temporary loss, may require remediation
Probation – Conditions such as reporting, mentoring, or additional training
Denial of renewal – License cannot be renewed until deficiencies are corrected
4. Detailed Example Cases (Administrative Enforcement)
These examples are illustrative scenarios based on common disciplinary actions under Title 4736.
Case 1 – Falsifying Inspection Reports
Facts:
A registered sanitarian repeatedly signed restaurant inspection reports showing compliance where violations existed.
Board Action:
Investigation confirmed discrepancies between field notes and reports.
A disciplinary hearing was held.
Outcome:
The Board revoked the sanitarian’s registration.
The individual was barred from practicing and from using the “Registered Sanitarian” title.
Case 2 – Criminal Conviction Related to Professional Duties
Facts:
A sanitarian was convicted of fraud in billing for water testing services.
Board Action:
Notified of the conviction, the Board reviewed the case.
Determined that the crime reflected dishonesty affecting professional trust.
Outcome:
License suspended for two years.
Reinstatement required proof of rehabilitation and ethical training.
Case 3 – Failure to Complete Continuing Education
Facts:
A licensed sanitarian failed to complete the required continuing education hours for license renewal.
Board Action:
Renewal application reviewed; CE records incomplete.
Outcome:
Renewal denied until CE requirements were fulfilled.
Registrant completed make-up courses and successfully renewed the license later.
Case 4 – Allowing Unregistered Staff to Practice
Facts:
A sanitarian supervised a team and allowed unregistered assistants to perform inspections without oversight.
Board Action:
Investigation confirmed delegation to unregistered staff.
Disciplinary hearing conducted.
Outcome:
Probation imposed with conditions:
Monthly activity reports
Mandatory mentoring classes
Random audits of inspections
Case 5 – Reciprocity Denial Due to Prior Discipline
Facts:
An out-of-state sanitarian applied for Ohio registration but had previously been disciplined in another state.
Board Action:
Board reviewed prior sanctions.
Determined applicant did not meet good moral character requirements.
Outcome:
Reciprocity denied.
Applicant advised to resolve disciplinary issues in home state first.
Case 6 – Confidential Information in Investigation
Facts:
During an investigation, Board staff accessed employment and education records to verify qualifications.
Board Action:
Ensured access was solely for enforcement purposes.
Outcome:
Investigation conducted lawfully; no confidentiality breach occurred.
Example of proper use of personal data during disciplinary enforcement.
5. Key Takeaways
Title 4736 ensures sanitarians are qualified, competent, and ethical.
Enforcement is primarily administrative through the Board’s investigation and disciplinary powers.
Violations can result in revocation, suspension, probation, or denial of license.
The Board can act against falsification, negligence, criminal conduct, unregistered practice, or CE non-compliance.
Confidential information is protected and accessed only for official investigations.
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