West Virginia Code of State Rules Agency 20 - Sanitarians
I. Overview and Purpose
Agency 20 of the West Virginia Code of State Rules (CSR) governs the licensing, standards, and practice of sanitarians in the state. Sanitarians are public health professionals responsible for protecting public health through inspection, education, and regulation of environmental health hazards, including food safety, water quality, sewage systems, and communicable disease prevention.
The rules are designed to:
Establish minimum professional qualifications;
Set standards of conduct for the practice of sanitation;
Define licensing procedures; and
Provide a framework for disciplinary actions against licensed sanitarians.
The overarching goal is to ensure that public health protection in West Virginia is carried out by competent and accountable professionals.
II. Statutory Authority
Agency 20 is promulgated under the authority of the West Virginia Legislature, typically through statutes that empower the Board of Sanitarians (or the state Department of Health) to:
License sanitarians;
Establish education and experience requirements;
Conduct examinations; and
Take disciplinary actions against violators.
This ensures that the regulations have legal force and that licensed sanitarians are accountable to the state.
III. Scope and Applicability
Agency 20 applies to:
Individuals seeking licensure as sanitarians;
Currently licensed sanitarians practicing in West Virginia; and
Employers or agencies that oversee the work of sanitarians in public health, environmental health, or related sectors.
The rules do not apply to unlicensed personnel performing ancillary duties or to sanitarians licensed in other states unless they seek West Virginia licensure.
IV. Structure of Agency 20
Agency 20 typically includes sections covering:
Definitions – Clarifies terms like "sanitarian," "licensure," "professional conduct," and "disciplinary action."
Licensing Requirements – Specifies minimum education (usually a bachelor’s degree in environmental health, biology, chemistry, or related fields), required experience, and examination requirements.
Examination Procedures – Outlines eligibility, application procedures, and passing criteria for licensure exams.
Renewal and Continuing Education – Establishes requirements for license renewal and ongoing professional development.
Standards of Practice – Defines ethical and professional conduct expected from sanitarians.
Disciplinary Procedures – Lists causes for disciplinary action (e.g., negligence, misconduct, fraud, or violation of law), and the processes for hearings and sanctions.
V. Key Provisions Explained
1. Definitions
Agency 20 defines:
Sanitarian – A professional engaged in environmental health protection.
Licensure – Official authorization to practice as a sanitarian in West Virginia.
Professional misconduct – Any act violating rules of ethical practice or public safety standards.
These definitions are critical because licensure eligibility, enforcement, and disciplinary action all hinge on them.
2. Licensing Requirements
Licensing requirements include:
Education: A bachelor’s degree in environmental health or a related field from an accredited institution.
Experience: A minimum period of supervised professional experience in environmental health.
Examination: Passing a state-approved examination, which tests knowledge in public health, sanitation, water safety, food safety, waste management, and environmental regulations.
Compliance with these standards ensures public confidence in the profession.
3. Standards of Practice
Sanitarians must:
Inspect public facilities and resources according to state regulations.
Educate the public on sanitation and disease prevention.
Report violations of health laws.
Maintain integrity, confidentiality, and professional competence.
Failure to follow these standards can result in disciplinary action or license revocation.
4. Disciplinary Procedures
The rules specify causes for discipline, such as:
Gross negligence or incompetence in professional duties.
Misrepresentation or falsification of documents.
Violations of state health or sanitation laws.
Criminal conduct affecting professional fitness.
Procedures generally include:
Complaint filing – Anyone may file a complaint against a licensed sanitarian.
Investigation – The Board investigates alleged violations.
Hearing – The licensee is entitled to a formal hearing before disciplinary action is taken.
Sanctions – Can include suspension, revocation, fines, probation, or mandatory remedial education.
These procedures align with administrative due process principles in West Virginia law.
VI. Practical Effect
Agency 20 ensures that:
Only qualified individuals practice as sanitarians.
Public health standards are uniformly applied.
Licensees are accountable for professional conduct.
Violations can be corrected through formal administrative processes.
This system helps prevent health hazards, ensures safe food and water, and maintains public trust in environmental health services.
VII. Case Law Context
While there is limited published case law directly addressing Agency 20, several general principles from West Virginia administrative and professional licensing law apply:
A. Procedural Compliance
Courts in West Virginia have consistently held that:
Agencies must follow their own regulations when disciplining licensees.
Failure to provide notice, hearing, or due process can invalidate disciplinary actions.
Administrative decisions are subject to review under standards like arbitrary and capricious or not in accordance with law.
B. Professional Misconduct and Licensure
Courts have upheld disciplinary actions where:
Licensees neglected professional duties, such as failing to report public health hazards.
Licensees engaged in fraudulent or deceptive practices related to licensure or inspection duties.
Conversely, disciplinary actions have been overturned when:
Agencies failed to demonstrate clear violations of standards.
Licensees were denied proper notice or opportunity to be heard.
C. Indirect Case Examples
License revocation upheld when a sanitarian knowingly allowed unsafe sewage disposal that endangered public health.
Hearing procedure upheld where the Board followed regulations for notice, investigation, and adjudication.
Reversal of disciplinary action occurred where the Board acted beyond its authority or did not comply with procedural rules.
These principles apply fully to Agency 20, even in the absence of numerous direct precedents.
VIII. Summary
West Virginia CSR, Agency 20 – Sanitarians:
Establishes licensing requirements, standards of practice, and disciplinary procedures.
Ensures public health protection through qualified, accountable professionals.
Requires compliance with administrative due process in disciplinary matters.
Interpreted in case law primarily through general licensing and administrative principles, emphasizing procedural fairness and enforcement of professional standards.
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