Public Law 30-138 - An Act to add a new §6233 to Article 2 of Chapter 6, Title 4, Guam Code Annotated, relative to the divsion of environmental health of the Department of Public Health Social Services; and to be known as the Environmental Public Health Modernization and Revitalization Act of 2010

.. . ·-·· .. ~ • \ v-,-:--J. ~~"i .. ~ PO. Box 2950 Hagarfta, <i C 96932 Tel: (6i 1) 472- 8931 • Fax: (671) 4;'7-4826 • Email: govcrnor~?-guam.gov Felix P Camacho (;ovemor Michael W. Cruz. \W /.imtm.111t (;·rrucn10r The Honorable Judith T. Won Pat, Ed.D. Speaker Mina' Trenta Na Liheslaturan Guahan 155 Hessler Street Hagatfia, Guam 96910 Dear Speaker Won Pat: MAY 1 9 2010 r--.> = :s Transmitted herewith is Substitute Bill No. 272-30 (COR) "AN ACT TO ADD A NEW §6233 TO ARTICLE 2 OF CHAPTER 6, TITLE 4, GUAM CODE ANNOTATED, RELATIVE TO THE DIVISION OF ENVIRONMENTAL HEALTH OF THE DEPARTMENT OF PUBLIC HEAL TH & SOCIAL SERVICES; AND TO BE KNOWN AS THE 'ENVIRONMENTAL PUBLIC HEALTH MODERNIZATION AND REVITALIZATION ACT OF 2010'", which I signed into law on May 17, 2010 as Public Law 30-138. Sinseru yan Magahet, MICHAEL W. CRUZ, M.D. I Maga 'lahen Guahan para pa 'go Acting Governor of Guahan Attachment: copy of Bill I MINA'TRENTA NA LIHESLATURAN Gl.IAfIAN 2010 (SECOND) Regular Session CERTIFICATION OF PASSAGE OF AN ACT TO I MAGA'LAHEN Gl.IAfIAN This is to certify that Substitute Bill No. 272-30 (LS), "AN ACT TO ADD A NEW §6233 TO ARTICLE 2 OF CHAPTER 6, TITLE 4, GUAM CODE ANNOTATED, RELATIVE TO THE DIVISION OF ENVIRONMENTAL HEALTH OF THE DEPARTMENT OF PUBLIC HEAL TH & SOCIAL SERVICES; AND TO BE KNOWN AS THE 1ENVIRONMENTAL PUBLIC HEALTH MODERNIZATION AND REVITALIZATION ACT OF 2010'," was on the 3rd day of May, 2010, duly and regularly passed. Judith T. Won Pat, Ed. D. Speaker fta Barnes Legis Secretary 5-th-This Act was received by I Maga'lahen Gudhan this day of ~, 2010, at t..f :oo ~ o'clock----42-.M. ~Yv-"---vl-'--(L Assistant Staff Officer Maga'lahi' s Office APPROVED: r ~ Date: .. .., ) MIKE W. CRUZ,~ .Go\'EJl«)R ~ GuAN AcTltG UMAY 17 2010 Public Law No. P.L. 3o-i3a I MINA 'TRENTA NA LIHESLATURAN GUAHAN 2009 (FIRST) Regular Session Bill No. 272-30 (LS) As substituted by the Committee on Economic Development, Health & Human Services, and Judiciary, and further substituted and amended on the Floor. Introduced by: F. B. Aguon, Jr. T. C. Ada V. Anthony Ada F. F. Blas, Jr. E. J.B. Calvo B. J.F. Cruz J. V. Espaldon Judith P. Guthertz, DPA T. R. Mufia Barnes Adolpho B. Palacios, Sr. v. c. pangelinan R. J. Respicio Telo Taitague Ray Tenorio Judith T. Won Pat, Ed.D. AN ACT TO ADD A NEW §6233 TO ARTICLE 2 OF CHAPTER 6, TITLE 4, GUAM CODE ANNOTATED, RELATIVE TO THE DIVISION OF ENVIRONMENTAL HEALTH OF THE DEPARTMENT OF PUBLIC HEALTH & SOCIAL SERVICES; AND TO BE KNOWN AS THE "ENVIRONMENTAL PUBLIC HEALTH MODERNIZATION AND REVITALIZATION ACT OF 2010". 1 BE IT ENACTED BY THE PEOPLE OF GUAM: 2 Section 1. Legislative Intent. The functions of the environmental public 3 health practitioners of the Department of Public Health and Social Services, 1 1 Division of Environmental Health (DEH) are vital in protecting the health and 2 safety of the public, therefore, I Liheslaturan Guahan finds it necessary to 3 modernize the Division's professional-technical personnel and revitalize their 4 functions by addressing their qualifications, shortages, recruitment, and retention. 5 The environmental public health practitioners of DEH implement programs 6 that prevent injuries, diseases, disabilities, and death. As a result, the Division's 7 prevention programs promote a healthy community, which in tum lessens the 8 burden placed on our island's healthcare system. However, in order to deliver 9 effective environmental public health programs to the community, DEH must be 10 appropriately organized and equipped with an adequate number of qualified 11 personnel. Unfortunately, because the DEH is currently hindered by outdated job 12 classifications, recruitment and retention difficulties, and funding constraints, 13 much of its services are not adequately provided to the public. 14 Currently, there are three (3) different professional-technical positions in the 15 DEH. They are the Environmental Health Specialists (EHS), Public Health 16 Inspectors (PHI), and the Engineers. Each position plays an integral part in 17 implementing the mission of the Division. Although all three (3) positions perform 18 environmental health tasks, each has a specific role and qualification standards, 19 which adversely impacts the overall operation of the Division. The duties and 20 responsibilities of these three (3) positions need to be consolidated to enable the 21 Division to effectively assign personnel where needed, without hindrance or 22 restrictions posed by differing positions titles and specifications. Furthermore, the 23 qualification standards of the DEH staff need to be increased to reflect the demand 24 and expectation of the job and to better enable the division to recruit individuals 25 who will be sufficiently prepared to perform their duties and responsibilities in the 26 field of environmental health. 2 1 In addition to higher qualification standards, competitive salaries must be 2 implemented to promote the recruitment and retention of the DEH personnel. 3 Existing salaries are far below the wages offered in the private sector and similar 4 government positions of other jurisdictions. The 2008 Hay Evaluation of the 5 Division's Environmental Health Specialist position alone recommended a pay 6 increase of over thirty percent (30%). 7 The challenges facing DEH are. issues that are similarly impacting federal, 8 state, and other local governments. Attracting, recruiting, and retaining qualified 9 individuals in the field of environmental public health have become increasingly 10 difficult due to non-competitive wages, and a shrinking and aging Workforce, while 11 the need for such services have grown and expanded over the years. According to 12 a 2003 report issued by U.S. Centers for Disease Control add Prevention, a 13 revitalization of the environmental public health services is necessary because its 14 functions affect millions of people at significant costs, and as emerging health 15 problems require innovative interventions, environmental public health 1s 16 important in responding to terrorism and other emergencies, and the field 1s 1 7 becoming more and more complex. 18 For the DEH, the recruitment of environmental public health practitioners 19 has been few and far between, and retaining them has been a struggle. The many 20 responsibilities and demands placed on the staff of DEH, aiong with non 21 competitive pay, have resulted in the departure of several employees over the years 22 for better opportunities, less demanding tasks, and improved working conditions. 23 The absence of an adequate number of qualified environmental public health 24 practitioners in the Division has caused: a decline in the numtier of sanitation 25 inspections; the absence of an effective vector surveillance and control programs; 26 the continued importation and sale of adulterated and misbranded consumer 27 commodities; the diversion of pharmaceutical controlled substances into illicit 3 1 channels; an inability to adequately respond to vector- and food-borne disease 2 outbreaks or any deliberate attack of our food system; and the non-existence of the 3 radiological health program to protect the community from the hazards of ionizing 4 radiation-emitting devices, such as x-ray machines. 5 The need to modernize and revitalize the Division of Environmental Health 6 1s even greater now in light of the pending military buildup. The anticipated 7 growth of the island in population and regulated facilities, such as barracks, 8 restaurants, bars, massage facilities, and hotels will only further place additional 9 demands on DEH. According to the latest data from the Military-Civilian Task 10 Force, Guam can expect nearly forty thousand (40,000) active military personnel 11 and their dependents, and civilian growth of an additional twenty thousand 12 (20,000) people, in the next five (5) years. As a result, the Division foresees a 13 need for growth in personnel number. In its attempt to meet current mandates and 14 the anticipated military buildup, the Division must be given the resources it needs 15 to serve the people of Guam, its visitors and the military. 16 Therefore, it is the intent of I Liheslaturan Guahan to modernize and 17 revitalize the Division of Environmental Health. A new position series within the 18 Division of Environmental Health should be created to supplement the existing 19 three (3) professional-technical positions with increased qualification standards. 20 An updated pay structure shall be implemented for the new position series to 21 provide competitive salaries and compensation to the employees. To encourage 22 the retention of these personnel, and promote their continuing education, incentive 23 pay for professional certification shall be made available to them. 24 Section 2. This Act shall be known as the "Environmental Public Health 25 Modernization and Revitalization Act of 2010." 26 Section 3. A new §6233 is added to Article 2, Chapter 6 of Title 4, Guam 27 Code Annotated, to read: 4 1 "§6233. The Director of Administration in consultation with the 2 Department of Public Health and Social Services shall establish a new series 3 of positions, called Environmental Public Health Officers, within the 4 Division of Environmental Health to replace the Division's Environmental 5 Health Specialist, Engineer, and Public Health Inspector positions. 6 The new specifications shall be based on the following criteria: 7 (a) The nature of work; summary statement of examples of 8 duties performed; a statement of minimum qualifications; and the 9 minimum knowledge, abilities, and skills needed to perform the work 10 of the Environmental Public Health Officer positions, which shall be 11 the various combination of the class specifications of Public Health 12 Inspectors, Environmental Health Specialists, and Engineers that are 13 specific to the mission and mandates of the Division of Environmental 14 Health of the Department of Public Health and Social Services; 15 (b) Hierarchical position levels of the Environmental Public 16 Health Officer series shall begin with the Environmental Public 17 Health Officer I, followed by Environmental Public Health Officer II, 18 Environmental Public Health Officer III, Environmental Public Health 19 Officer Supervisor, Environmental Public Health Officer 20 Administrator, and concluding with the Chief Environmental Public 21 Health Officer; 22 ( c) The mm1mum education requirements of all positions 23 within the Environmental Public Health Officer II and above series 24 shall be (1) a bachelor's degree in any field of study from any 25 accredited college or university; (2) a college algebra course or higher 26 level math; and (3) thirty (30) semester or forty-five ( 45) quarter 27 hours in basic sciences; 5 1 ( d) The Director of Administration, in collaboration with the 2 Department of Public Health and Social Services, shall reclassify 3 existing Environmental Health Specialists, Engineers and Public 4 Inspectors of the Division of Environmental Health in the 5 Environmental Public Health Officer I positions; and 6 ( e) The Chief Environmental Public Health Officer of the 7 Environmental Public Health Officer series must possess a master's 8 degree in the field of environmental health, environmental science, 9 environmental engineering, biology, chemistry, public health, physical 10 science, or natural sciences." 11 Section 4. Timely Implementation. The Department of Administration 12 shall, within one hundred twenty (120) days of the implementation of this Act, 13 submit to I Liheslaturan Guahan, via/ Maga 'lahen Guahan, the positions, class 14 specifications, hierarchal structure, etc., mandated to be developed pursuant to this 15 Act, for Legislative concurrence. I Liheslaturan Guahan shall have sixty (60) days 16 to act upon the submission, which shall be deemed approved if no action is taken 17 to reject or amend the submission. 18 Section 5. Effective Date. This Act shall take effect immediately upon 19 enactment. 20 Section 6. Severability. If any provision of this Act or its application to 21 any person or circumstance is held invalid, the invalidity does not affect other 22 provisions or applications of this Act, which can be given effect without the invalid 23 provision or application, and to this end the provisions of this Act are severable. 6