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| Home > Statutes > Usa Oregon |
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USA Statutes : oregon
Title : TITLE 51 LABOR AND EMPLOYMENT
Chapter : Chapter 700 Environmental Health Specialists; Waste Water Specialists
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Recognizing that to regulate our environment for
protection of the public’s health is not a natural right of any person
but is a privilege granted by legislative authority, it is necessary in
the interests of the health, safety and welfare of the people of this
state to provide for the granting of that privilege and the regulation of
its use, to the end that the public is protected from unauthorized or
unqualified persons and from unprofessional conduct by persons registered
to practice under this chapter. [1983 c.189 §13] As used in this chapter, unless the context
requires otherwise:
(1) “Board” means the Environmental Health Registration Board,
established within the Oregon Health Licensing Agency.
(2) “Certified professional soil scientist” means a person
registered in good standing with the American Registry of Certified
Professionals in Agronomy, Crops and Soils.
(3) “Environmental health specialist” means a person who by
education, training and experience in the sanitary, biological and
physical sciences is qualified to perform duties in environmental
sanitation, including but not limited to scientific investigation and
education and counseling in environmental sanitation.
(4) “Environmental health specialist trainee” means a person who
lacks the combination of training, education and experience required for
a registered environmental health specialist, but who is engaged in
meeting the requirements.
(5) “Environmental sanitation” means the art and science of
applying sanitary, biological and physical science principles and
knowledge to improve and control the environment and factors therein for
the protection of the health and welfare of the public.
(6) “Registrant” means any person registered with the agency under
this chapter.
(7) “Registration” means written authorization issued under ORS
700.030 or 700.053 for the holder to perform duties in the fields of
environmental sanitation or waste water sanitation.
(8) “Science courses relating to environmental sanitation” include
courses in public or community health or in sanitary, biological or
physical sciences.
(9) “Trainee registration” means written authorization issued under
ORS 700.035 or 700.062 for the holder to perform duties as an
environmental health specialist trainee or as a waste water specialist
trainee.
(10) “Waste water specialist” means a person who by education,
training and experience in the sanitary, biological and physical sciences
is qualified to perform duties in the field of waste water treatment,
disposal and reuse where soil is used in the final stage of the treatment
process.
(11) “Waste water specialist trainee” means a person who lacks the
combination of training, education and experience required for a
registered waste water specialist, but who is engaged in the process of
meeting the requirements. [Amended by 1967 c.476 §1; 1971 c.650 §41; 1983
c.189 §9; 1995 c.572 §1; 1999 c.885 §34; 2003 c.547 §91; 2005 c.648 §104]REGISTRATION OF SPECIALISTS AND TRAINEES Without first complying with the
provisions of this chapter, no person shall:
(1) Use or assume the title or any other designation or advertise a
title or designation indicating that the person is an environmental
health specialist or waste water specialist.
(2) Perform the duties of an environmental health specialist or
waste water specialist.
(3) Append after the name of the person the title of “registered
environmental health specialist” or the letters “REHS.” [Amended by 1967
c.476 §2; 1995 c.572 §7; 2003 c.547 §92] The provisions of ORS
700.020 (2) do not apply to:
(1) Any person teaching, lecturing or engaging in research in
environmental sanitation but only in so far as such activities are
performed as part of an academic position in a college or university.
(2) Any person who is a sanitary engineer, public health engineer
or registered professional engineer.
(3) Any public health officer employed pursuant to ORS 431.035 to
431.530 and 431.705 to 431.990.
(4) Any person employed by a federal governmental agency but only
at such times as the person is carrying out the functions of employment.
(5) Any person who holds a doctorate in veterinary medicine.
(6) The performances of such duties as meat inspection, produce
inspection, bee inspection, grain warehouse inspection, landscaping,
gardening, plumbing, septic tank or cesspool installation or insect and
rodent poison application.
(7) Any employee of the Department of Environmental Quality other
than an on-site waste water disposal employee.
(8) Any person employed by a local government, or its agents, while
employed in a job that did not require registration under ORS 700.020 as
of October 4, 1997. [1967 c.476 §4; 1991 c.563 §2; 1997 c.528 §1](1) Subject to ORS
676.612, upon application accompanied by payment of required fees, the
Oregon Health Licensing Agency shall issue a registration to any
applicant who performs to the satisfaction of the Environmental Health
Registration Board on an examination approved by the board and furnishes
evidence satisfactory to the agency that the applicant:
(a) Has a bachelor’s degree from an accredited college or
university with at least 45 quarter hours, or the equivalent semester
hours, in science courses relating to environmental sanitation and two
years of experience in environmental sanitation under the supervision of
a registered environmental health specialist or a person possessing equal
qualifications, as determined by the board. Accumulated schooling
relevant to environmental sanitation gained while serving in the United
States Public Health Service or a branch of the Armed Forces of the
United States may be credited toward the educational requirement as
evaluated by the current edition of the “Guide to Evaluation of
Educational Experience in the Armed Services,” by the American Council on
Education; or
(b) Has a graduate degree in public or community health from an
accredited college or university and one year of experience in
environmental sanitation under the supervision of a registered
environmental health specialist or a person possessing equal
qualifications, as determined by the board.
(2) The agency, in consultation with the board, shall establish by
rule requirements for registration as an environmental health specialist
when an individual’s date of employment precedes attainment of
registration. [Amended by 1967 c.476 §7; 1975 c.600 §1; 1983 c.189 §1;
1995 c.572 §8; 2003 c.547 §93; 2005 c.648 §105]
(1) Subject to ORS 676.612, upon application and payment of required
fees, the Oregon Health Licensing Agency shall issue an environmental
health specialist trainee registration to any applicant who performs to
the satisfaction of the Environmental Health Registration Board on an
examination approved by the board and furnishes evidence satisfactory to
the agency that the applicant:
(a) Has a bachelor’s degree with 45 quarter hours, or the
equivalent semester hours, in science courses relating to environmental
sanitation from an accredited college or university; or
(b) Has at least 15 quarter hours, or the equivalent semester
hours, in science courses relating to environmental sanitation from an
accredited college or university and has at least five years of
experience in environmental sanitation or related activities, as
determined by the board, under the supervision of a registered
environmental health specialist or a person possessing equal
qualifications, as determined by the board.
(2) A person may not be registered as an environmental health
specialist trainee for more than two years’ full-time employment in the
environmental sanitation profession, or the equivalent hours if
employment in environmental sanitation is less than full-time or 40 hours
per week.
(3) The agency, in consultation with the board, shall establish by
rule requirements for registration as an environmental health specialist
trainee when an individual’s date of employment precedes attainment of
registration.
(4) An environmental health specialist trainee shall be supervised
by a registered environmental health specialist or a person possessing
equal qualifications as determined by the board. [1967 c.476 §5; 1983
c.189 §2; 1995 c.572 §9; 2003 c.547 §94; 2005 c.648 §106] (1)
Examinations for registration as an environmental health specialist shall
be held at least once every year at such time and place as the Oregon
Health Licensing Agency may determine. The examination shall be
sufficiently thorough to determine the qualifications, fitness and
ability of the applicant to practice as an environmental health
specialist and may be in the form of written, oral or practical
demonstrations of skill. The examination shall cover subject areas
determined by the Environmental Health Registration Board by rule.
(2) The agency shall notify each applicant whether the applicant
passed or failed the examination.
(3) Upon written request to the agency, any applicant may discuss
performance on the examination.
(4) Any applicant who fails to make a passing grade on the
examination may be allowed to take the examination a second time upon
payment of the required fee. The agency, in consultation with the board,
may require the applicant to undergo additional training as determined by
the board before taking the examination a third or subsequent time.
(5) The agency shall give reasonable notice by mail of the time and
place of examination to each applicant accepted for examination. [Amended
by 1967 c.476 §8; 1983 c.189 §3; 1995 c.572 §10; 1999 c.885 §35; 2003
c.547 §95; 2005 c.648 §107] The Oregon Health
Licensing Agency shall issue a registration without written examination
to an applicant who pays the required fees and furnishes documentation,
as determined by the agency by rule, showing satisfactory evidence that
the applicant meets the education requirements of this chapter, and at
the time of application is registered as an environmental health
specialist or waste water specialist by a national association that is
recognized by the Environmental Health Registration Board or is
registered by the regulatory body of another state. The registration
requirements of the other state or the national association, including
the written examination, must be substantially equivalent to registration
requirements in this state. [2003 c.547 §101; 2005 c.648 §108](1) An applicant for registration as a
waste water specialist shall submit an application to the Oregon Health
Licensing Agency in the manner required by the Environmental Health
Registration Board. The application shall be on a form approved by the
agency, include proof satisfactory to the board that the applicant meets
the education and experience requirements under subsection (3) of this
section and include payment of required fees.
(2) The agency shall issue a registration as a waste water
specialist to an applicant whose application complies with subsection (1)
of this section and who successfully completes the examination required
under subsection (5) of this section and passes the examination required
under subsection (6) of this section.
(3) An applicant for registration as a waste water specialist is
required to have:
(a) A bachelor’s degree from an accredited college or university,
including at least 45 quarter hours or the equivalent in soil science
courses and two years of experience in waste water treatment, disposal
and reuse within this state supervised by a registered waste water
specialist or by an equally qualified person as determined by the board;
(b) A graduate degree in soil science from an accredited college or
university and one year of experience in waste water treatment, disposal
and reuse within this state supervised by a registered waste water
specialist or by an equally qualified person as determined by the board;
or
(c) A graduate degree in soil science from an accredited college or
university and to currently be certified as a professional soil scientist.
(4) Soil science schooling obtained while serving in the United
States Public Health Service or a branch of the Armed Services of the
United States may be credited toward the soil science course requirement
under subsection (3)(a) of this section. The board may use any system it
considers reliable in assigning credit for relevant schooling under this
subsection, including but not limited to assigning credit in conformance
with the “Guide to Evaluation of Educational Experience in the Armed
Services” published by the American Council on Education.
(5) The board may, at its discretion, conduct an examination of
candidates for registration as waste water specialists. The examination
may be on any matter pertaining to the fitness of the applicant to be
registered as a waste water specialist, but may not duplicate matters
covered on the examination required under subsection (6) of this section.
(6) Every applicant for registration as a waste water specialist
shall be given a written or practical examination prepared by the board
and designed to test the technical competence of the applicant in all
major areas of waste water sanitation. [1995 c.572 §3; 2003 c.547 §96;
2005 c.22 §478; 2005 c.648 §109](1) A person who is registered as a
waste water specialist under ORS 700.053 shall not perform the duties of
a registered environmental health specialist, except that the person may:
(a) Evaluate soils for subsurface or surface disposal of waste
water or for the land application of sludge; and
(b) Based on the soil evaluation, determine the appropriate design
of systems that use soil in the final stage of the waste water treatment
process.
(2) This section does not prohibit a registered environmental
health specialist from performing the duties of a waste water specialist.
[1995 c.572 §4; 2003 c.547 §97] (1) Examinations for
registration as a waste water specialist shall be held at least once
every year at such time and place as the Oregon Health Licensing Agency
may determine. The Environmental Health Registration Board shall
determine the content of the examination, utilizing such advisory
committees as the board deems necessary.
(2) The agency shall notify each applicant whether the applicant
passed or failed the examination.
(3) Upon written request to the board, any applicant may discuss
performance on the examination.
(4) Any applicant who fails to make a passing grade on the
examination may be allowed to take the examination a second time upon
payment of required fees. However, any applicant who fails the
examination a second time must obtain special permission from the board
to take the examination a third or subsequent time.
(5) The agency shall give reasonable notice by mail of the time and
place of examination to each applicant accepted for examination. [1995
c.572 §5; 2003 c.547 §98; 2005 c.648 §110] (1) Subject to
ORS 676.612, upon application and payment of required fees established by
the Oregon Health Licensing Agency, the agency shall issue registration
as a waste water specialist trainee to any applicant who furnishes
evidence satisfactory to the agency that the applicant:
(a) Has a bachelor’s degree from an accredited college or
university, including at least 45 quarter hours or the equivalent in soil
science courses; or
(b) Has a graduate degree in soil science from an accredited
college or university.
(2) Soil science schooling obtained while serving in the United
States Public Health Service or a branch of the Armed Services of the
United States may be credited toward the soil science course requirement
under this section. The Environmental Health Registration Board may use
any system it considers reliable in assigning credit for relevant
schooling under this subsection, including but not limited to assigning
credit in conformance with the “Guide to Evaluation of Educational
Experience in the Armed Services” published by the American Council on
Education. [1995 c.572 §6; 2003 c.547 §99; 2005 c.648 §111] (1) The Oregon Health
Licensing Agency shall establish by rule and collect fees related to
environmental and waste water specialists for:
(a) Application.
(b) Examination of an applicant.
(c) Trainee registration.
(d) Original registration issuance.
(e) Registration renewal.
(f) Reciprocity.
(g) Delinquency payment.
(h) Duplicate or replacement certificate of registration.
(i) Restoration of an expired registration.
(j) Providing copies of official documents or records and for
recovering administrative costs associated with compiling, photocopying
or preparing and delivering the records.
(2) All moneys received by the agency under subsection (1) of this
section shall be paid into the General Fund in the State Treasury and
credited to the Oregon Health Licensing Agency Account, and are
appropriated continuously to and shall be used by the agency only for the
administration and enforcement of this chapter.
(3) The fees established by the agency under this section are
subject to the prior approval of the Oregon Department of Administrative
Services. The fees shall not exceed the cost of administering this
chapter pertaining to the purpose for which the fee is established, as
authorized by the Legislative Assembly within the budget of the agency,
as that budget may be modified by the Emergency Board. [Amended by 1967
c.476 §9; 1975 c.526 §11; 1983 c.222 §1; 1995 c.572 §11; 2003 c.547 §100;
2005 c.648 §112] (1)(a)
Registrations issued under this chapter shall expire one year from the
date of issuance, unless renewed on or before the expiration date by
payment of the required renewal fee and submission of satisfactory
evidence of completion of continuing education courses as specified by
the Oregon Health Licensing Agency by rule and compliance with all other
requirements for renewal.
(b) Notwithstanding paragraph (a) of this subsection, the agency
may vary the renewal date of a registration by giving the applicant
written notice of the renewal date being assigned and by making prorated
adjustments to the renewal fee.
(2) A registration that has not been renewed before the expiration
date may be renewed within one year of the expiration date if the holder
of a registration submits an application for renewal and pays the renewal
fee and a delinquency fee for each calendar month following expiration,
provides satisfactory evidence in the application of completion of
continuing education requirements and complies with all other
requirements for renewal.
(3) A registration that has not been renewed for more than one year
and less than three years after the expiration date may be renewed if the
holder of a registration submits an application for renewal, pays the
renewal fee and a one-time restoration fee, submits satisfactory evidence
in the application of completion of continuing education requirements and
complies with all other requirements for renewal.
(4) The agency shall not renew the registration of any person who
fails to renew a registration for three successive years, but shall issue
a registration to such a person upon compliance with all of the
requirements of ORS 700.030, 700.035, 700.053 or 700.062. [Amended by
1967 c.476 §11; 1983 c.189 §4; 1995 c.572 §13; 1997 c.249 §212; 2001
c.274 §2; 2003 c.547 §103; 2005 c.648 §113] The Oregon Health
Licensing Agency, in consultation with the Environmental Health
Registration Board, may adopt rules establishing continuing education
requirements that an applicant must meet to obtain renewal of a
registration. [1983 c.189 §11; 1995 c.572 §14; 2003 c.547 §104; 2005
c.648 §114] In the manner
prescribed in ORS chapter 183 for contested cases, the Oregon Health
Licensing Agency may impose a form of discipline listed in ORS 676.612
against any person practicing as an environmental health specialist, an
environmental health specialist trainee, a waste water specialist or a
waste water specialist trainee for any of the grounds listed in ORS
676.612, and for any violation of the provisions of this chapter or the
rules adopted thereunder. [2003 c.547 §105; 2005 c.648 §115]REGISTRATION BOARD There is
established within the Oregon Health Licensing Agency the Environmental
Health Registration Board to consist of seven members to be appointed by
the Governor. [Amended by 1967 c.424 §6; 1971 c.650 §42; 1973 c.792 §47;
1983 c.189 §6; 1997 c.632 §13; 2003 c.547 §107; 2005 c.648 §116](1) The members of the Environmental Health
Registration Board appointed by the Governor shall be appointed from
among the residents of this state and shall have the following
qualifications and terms of office:
(a) One shall be a physician licensed to practice medicine or
surgery by the Board of Medical Examiners for the State of Oregon who has
an emphasis in public health.
(b) Four shall be persons registered under this chapter who have at
least four years of experience in environmental sanitation.
(c) One shall be a representative of the food or food and alcoholic
beverage retail industry.
(d) One shall be a public member.
(2) Each successor to the members first appointed by the Governor
and each successor to the members first appointed by the Governor under
subsection (1)(c) and (d) of this section shall hold office for a term of
three years to commence on July 1 following the expiration of the term of
a predecessor.
(3) Any vacancy among the seven members appointed by the Governor
shall be filled for the unexpired term by appointment by the Governor.
(4) Any member of the Environmental Health Registration Board may
be removed by the Governor for misconduct, incapacity or neglect of duty
or inability to serve.
(5) The members of the board are entitled to compensation and
expenses as provided in ORS 292.495, to be paid from the Environmental
Health Registration Account. [Amended by 1967 c.476 §15; 1969 c.314 §100;
1971 c.650 §43; 1983 c.189 §7; 1987 c.158 §147; 1997 c.249 §213; 2003
c.547 §108; 2005 c.648 §117] (1) The Environmental Health
Registration Board shall hold a meeting at least once each year.
(2) The board shall annually elect a chairperson from its members.
(3) Four members shall constitute a quorum but no action may be
taken on any question unless four members are in accord. [Amended by 1983
c.189 §8; 2003 c.547 §109](1) The Oregon Health Licensing Agency, in
consultation with the Environmental Health Registration Board, has such
authority as is reasonably necessary to administer this chapter,
including the authority to adopt rules pursuant to ORS chapter 183.
(2) The agency has authority to administer oaths and subpoena
witnesses.
(3) The agency shall keep a record of all proceedings of the
agency, including a register of all registrants. These records shall at
reasonable times be open to the public.
(4) When the agency is satisfied that an applicant for registration
under this chapter has complied with all of the requirements thereof, it
shall have issued to such applicant an appropriate certificate evidencing
registration. [Amended by 1967 c.476 §16; 1995 c.572 §17; 2003 c.547
§110; 2005 c.648 §118]PENALTIESViolation of ORS 700.020 is a Class B
misdemeanor. [2003 c.547 §89]Note: 700.995 was enacted into law by the Legislative Assembly but
was not added to or made a part of ORS chapter 700 or any series therein
by legislative action. See Preface to Oregon Revised Statutes for further
explanation.
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