HomeMy WebLinkAboutMontana Department of Labor and Industrytapa
To
Gpvernor Brian Schweitzer
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NOV 13 2009
10
CITY OF LAUREL
From
Date:
Montana City and County Commissioners
Don E. Harris, Special Assistant Attorney General, Department of Labor
November 12, 2009
Subject: Responsibilities of Licensed Montana Sanitarians
In recognition of the important role of local government in terms of protecting the health, safety
and welfare of the public and to further joint aims regarding sanitation and public health, the
Montana Board of Sanitarians has asked me to write this letter.
The Board is charged with setting and enforcing standards and rules governing the conduct of
Sanitarians. Mont. Code Ann. § 37-1-131(1)(a); Mont. Code Ann. § 37-40-101(1); Mont. Code
Ann. § 2-15-1751.The board exercises its authority over the sanitarian profession as part of the
"police power of the state in its protection of the public health, safety, and welfare." Mont. Code
Ann. § 37-1-202. "A person may not practice or offer to practice the profession of sanitarian ...
unless the person is licensed and registered" by the board. Mont. Code Ann. § 37-40-301.
Practicing the profession of sanitarian means:
(a) giving advice on or enforcing compliance with state and local regulations
applicable to local government jurisdictions and programs concerning food
service, food processing, public accommodations, trailer courts, campgrounds,
day-care centers, schools, swimming pools and spas, air pollution, solid and
hazardous waste collection and disposal, sewage treatment and disposal, vector
control, underground storage tanks, drinking water, land subdivision, and milk
sanitation;
- -(b) cooperating with governmentagencies on matters of public and environmental
health, including epidemiological investigations and emergency response to
investigations; and
(c) providing educational and training programs in environmental standards and
public health.
Mont. Code Ann. § 37-40-101(3).
As a licensed professional charged with carrying out these functions, a sanitarian is obligated to
the public and his or her profession to act at all times in accordance with the generally accepted
standards of conduct of the profession. Mont. Code Ann. § 37-1-316(18). In addition to the
provisions of Montana Code Annotated section 37-1-316, the following is defined as
unprofessional conduct for a sanitarian:
P.O. BOX 200513 •301 SOUTH PARK* HEL.1 NA M"1 59620-0513 • PHONE (406) 841-2300
.FAX (406) 841-2309 • TTD (406) 444-0532
":1N EQU.,1 l,, OPPORTUNITY EMP! O ER"
(a) failure to comply with the provisions of Title 37, chapter 40, MCA, or any rule
promulgated thereunder;
(b) failure to uphold Montana laws, rules and regulations pertaining to
environmental and public health;
(c) obtaining other financial compensation for professional services than the
compensation provided by the employment contract.
Admin. R. Mont. 24.216.2301(1).
In the event of a conflict between a sanitarian's responsibility to the public and the profession
and his or her personal goals or those of an employer or supervisor, a sanitarian is required to
exercise professional judgment in a manner consistent with the generally accepted standards of
the profession and the rules promulgated by the board. A sanitarian who fails to act accordingly
is subject to disciplinary action for unprofessional conduct, and his or her license may be
suspended or revoked as a result. See Mont. Code Ann. § 37-1-312.
The Board of Sanitarians hopes that this letter will promote greater awareness and understanding
of the professional constraints placed on sanitarians by virtue of their licensure. Local
governments, sanitarians, and citizens are encouraged to contact the board with further questions
or concerns regarding the responsibilities of licensed sanitarians.
P.O.:BOX 1728 HELENA MT 59624-1728 • PHONE (406) 444-1361 • FAX. (406) 444-1419 + TTD
(406) 444-0532
"AN EQUAL OPPORTUNITY EMPLOYER"