As used in this part 14, unless the context otherwise requires: (1) "Certified industrial hygienist" means an individual that is certified by the American board of industrial hygiene or its successor. (1.5) "Continuing contract" means a contract for professional services entered into pursuant to this part 14 between a state agency or state institution of higher education and a person, whereby the person provides professional services to the state agency or state institution of higher education for work of a specified nature as outlined in the contract required by the state agency or state institution of higher education with no specific time limitation. Any such contract shall provide a termination clause. (2) "Department" means the department of personnel. (2.2) "Industrial hygienist" means an individual who has obtained a baccalaureate or graduate degree in industrial hygiene, biology, chemistry, engineering, physics, or a closely related physical or biological science from an accredited college or university. The special studies and training of such individual shall be sufficient in the cognate sciences to provide the ability and competency to: (a) Anticipate and recognize the environmental factors and stresses associated with work and work operations and to understand their effects on individuals and their well-being; (b) Evaluate on the basis of training and experience and with the aid of quantitative measurement techniques the magnitude of such environmental factors and stresses in terms of their ability to impair human health and well-being; (c) (I) Prescribe methods to prevent, eliminate, control, or reduce such factors and stresses and their effects. (II) Any individual who has practiced within the scope of the meaning of industrial hygiene for a period of not less than five years immediately prior to July 1, 1997, is exempt from the degree requirements set forth in this subsection (2.2). (III) Any individual who has a two-year associate of applied science degree in environmental science from an accredited college or university and in addition not less than four years practice immediately prior to July 1, 1997, within the scope of the meaning of industrial hygiene is exempt from the degree requirements set forth in this subsection (2.2). (3) "Person" means an individual, a corporation, a limited liability company, a partnership, a business trust, an association, a firm, or any other legal entity. (3.5) "Practice of industrial hygiene" means the performance of professional services, including but not limited to consulting, investigating, sampling, or testing in connection with the anticipation, recognition, evaluation, and control of those environmental factors or stresses arising in or from the workplace that may cause sickness, impaired health, or significant discomfort to workers or the public. "Practice of industrial hygiene" includes but is not limited to the identification, sampling, and testing of chemical, physical, biological, and ergonomic stresses and the development of physical, administrative, personal protective equipment, and training methods to prevent, eliminate, control, or reduce such factors and stresses and their effects. The term does not include the practice of architecture, as defined in section 12-120-402 (5), or the practice of engineering, as defined in section 12-120-202 (6). (4) "Practice of landscape architecture" means the performance of professional services such as consultation, investigation, reconnaissance, research, planning, design, or responsible supervision in connection with the development of land areas or land use, where and to the extent that the dominant purpose of any such service is the preservation and development of existing and proposed land features, ground surface, planting, naturalistic features, and esthetic values. "Practice of landscape architecture" includes the design, location, and arrangement of such tangible objects and features as are incidental and necessary to the purposes outlined in this subsection (4), but the term does not include the making of land surveys or final engineered plats for official recording, integration of design of structures of earth, or other construction materials. (5) "Principal representative" means the governing board of a state agency or state institution of higher education or, if there is no governing board, the executive head of a state agency or state institution of higher education, as designated by the governor or the general assembly. (6) "Professional services" means those services within the scope of the following: (a) The practice of architecture, as defined in section 12-120-402 (5); (b) The practice of engineering, as defined in section 12-120-202 (6); (c) The practice of professional land surveying, as defined in section 12-120-302 (5); (d) The practice of landscape architecture, as defined in subsection (4) of this section; (e) The practice of industrial hygiene, as defined in subsection (3.5) of this section. (7) "State agency" has the same meaning as set forth in section 24-30-1301 (17). (8) "State institution of higher education" has the same meaning as set forth in section 24-30-1301 (18).
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