ORS Chapter 700
Chapter 700 — EnvironmentalHealth Specialists; Waste Water Specialists
2009 EDITION
ENVIRONMENTALAND WASTE WATER SPECIALTIES
OCCUPATIONSAND PROFESSIONS
GENERALPROVISIONS
700.005 Purpose
700.010 Definitions
REGISTRATIONOF SPECIALISTS AND TRAINEES
700.020 Registrationrequired
700.025 Personsnot required to register
700.030 Qualificationsof environmental health specialist applicant; rules for employment prior toregistration
700.035 Registrationof environmental health specialist trainees; rules
700.050 Environmentalhealth specialist examination
700.052 Registrationwithout examination
700.053 Qualificationsof waste water specialist applicant; application; fee; examination
700.056 Dutiesallowed for waste water specialist; environmental health specialist may performduties
700.059 Wastewater specialist examination
700.062 Wastewater specialist trainee registration
700.080 Fees;rules; disposition of receipts
700.100 Expirationdate, renewal, reactivation and reinstatement of registration; rules
700.105 Continuingeducation requirements; rules
700.111 Groundsand procedure for discipline
REGISTRATIONBOARD
700.210 EnvironmentalHealth Registration Board
700.220 Members’qualifications; term; removal; vacancies; compensation and expenses
700.230 Meetings;chairperson; quorum
700.240 Authorityof Oregon Health Licensing Agency and board; rules; records of proceedings
PENALTIES
700.995 Criminalpenalty
GENERALPROVISIONS
700.005Purpose.Recognizing that to regulate our environment for protection of the public’shealth is not a natural right of any person but is a privilege granted bylegislative authority, it is necessary in the interests of the health, safetyand welfare of the people of this state to provide for the granting of thatprivilege and the regulation of its use, to the end that the public isprotected from unauthorized or unqualified persons and from unprofessionalconduct by persons registered to practice under this chapter. [1983 c.189 §13]
700.010Definitions.As used in this chapter, unless the context requires otherwise:
(1)“Board” means the Environmental Health Registration Board, established withinthe Oregon Health Licensing Agency.
(2)“Certified professional soil scientist” means a person registered in goodstanding with the American Registry of Certified Professionals in Agronomy,Crops and Soils.
(3)“Environmental health specialist” means a person who by education, training andexperience in the sanitary, biological and physical sciences is qualified toperform duties in environmental sanitation, including but not limited toscientific investigation and education and counseling in environmentalsanitation.
(4)“Environmental health specialist trainee” means a person who lacks thecombination of training, education and experience required for a registeredenvironmental health specialist, but who is engaged in meeting therequirements.
(5)“Environmental sanitation” means the art and science of applying sanitary,biological and physical science principles and knowledge to improve and controlthe environment and factors therein for the protection of the health andwelfare 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 700.053for the holder to perform duties in the fields of environmental sanitation orwaste water sanitation.
(8)“Science courses relating to environmental sanitation” include courses inpublic or community health or in sanitary, biological or physical sciences.
(9)“Trainee registration” means written authorization issued under ORS 700.035 or700.062 for the holder to perform duties as an environmental health specialisttrainee or as a waste water specialist trainee.
(10)“Waste water specialist” means a person who by education, training andexperience in the sanitary, biological and physical sciences is qualified toperform duties in the field of waste water treatment, disposal and reuse wheresoil is used in the final stage of the treatment process.
(11)“Waste water specialist trainee” means a person who lacks the combination oftraining, education and experience required for a registered waste waterspecialist, but who is engaged in the process of meeting the requirements. [Amendedby 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]
REGISTRATIONOF SPECIALISTS AND TRAINEES
700.020Registration required. Without first complying with the provisions of thischapter, no person shall:
(1)Use or assume the title or any other designation or advertise a title ordesignation indicating that the person is an environmental health specialist orwaste water specialist.
(2)Perform the duties of an environmental health specialist or waste waterspecialist.
(3)Append after the name of the person the title of “registered environmentalhealth specialist” or the letters “REHS.” [Amended by 1967 c.476 §2; 1995 c.572§7; 2003 c.547 §92]
700.025Persons not required to register. The provisions of ORS 700.020 (2) donot apply to:
(1)Any person teaching, lecturing or engaging in research in environmentalsanitation but only in so far as such activities are performed as part of anacademic position in a college or university.
(2)Any person who is a sanitary engineer, public health engineer or registeredprofessional engineer.
(3)Any public health officer employed pursuant to ORS 431.035 to 431.530 and431.705 to 431.990.
(4)Any person employed by a federal governmental agency but only at such times asthe 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, beeinspection, 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-sitewaste water disposal employee.
(8)Any person employed by a local government, or its agents, while employed in ajob that did not require registration under ORS 700.020 as of October 4, 1997. [1967c.476 §4; 1991 c.563 §2; 1997 c.528 §1]
700.030Qualifications of environmental health specialist applicant; rules for employmentprior to registration. (1) Subject to ORS 676.612, upon applicationaccompanied by payment of required fees, the Oregon Health Licensing Agencyshall issue a registration to any applicant who performs to the satisfaction ofthe Environmental Health Registration Board on an examination approved by theboard and furnishes evidence satisfactory to the agency that the applicant:
(a)Has a bachelor’s degree from an accredited college or university with at least45 quarter hours, or the equivalent semester hours, in science courses relatingto environmental sanitation and two years of experience in environmentalsanitation under the supervision of a registered environmental healthspecialist or a person possessing equal qualifications, as determined by theboard. Accumulated schooling relevant to environmental sanitation gained whileserving in the United States Public Health Service or a branch of the ArmedForces of the United States may be credited toward the educational requirementas evaluated by the current edition of the “Guide to Evaluation of EducationalExperience in the Armed Services,” by the American Council on Education; or
(b)Has a graduate degree in public or community health from an accredited collegeor university and one year of experience in environmental sanitation under thesupervision of a registered environmental health specialist or a personpossessing equal qualifications, as determined by the board.
(2)The agency, in consultation with the board, shall establish by rulerequirements for registration as an environmental health specialist when anindividual’s date of employment precedes attainment of registration. [Amendedby 1967 c.476 §7; 1975 c.600 §1; 1983 c.189 §1; 1995 c.572 §8; 2003 c.547 §93;2005 c.648 §105]
700.035Registration of environmental health specialist trainees; rules. (1) Subject toORS 676.612, upon application and payment of required fees, the Oregon HealthLicensing Agency shall issue an environmental health specialist traineeregistration to any applicant who performs to the satisfaction of theEnvironmental Health Registration Board on an examination approved by the boardand furnishes evidence satisfactory to the agency that the applicant:
(a)Has a bachelor’s degree with 45 quarter hours, or the equivalent semesterhours, in science courses relating to environmental sanitation from anaccredited college or university; or
(b)Has at least 15 quarter hours, or the equivalent semester hours, in sciencecourses relating to environmental sanitation from an accredited college oruniversity and has at least five years of experience in environmentalsanitation or related activities, as determined by the board, under thesupervision of a registered environmental health specialist or a personpossessing equal qualifications, as determined by the board.
(2)A person may not be registered as an environmental health specialist traineefor more than two years’ full-time employment in the environmental sanitationprofession, or the equivalent hours if employment in environmental sanitationis less than full-time or 40 hours per week.
(3)The agency, in consultation with the board, shall establish by rulerequirements for registration as an environmental health specialist traineewhen an individual’s date of employment precedes attainment of registration.
(4)An environmental health specialist trainee shall be supervised by a registeredenvironmental health specialist or a person possessing equal qualifications asdetermined by the board. [1967 c.476 §5; 1983 c.189 §2; 1995 c.572 §9; 2003c.547 §94; 2005 c.648 §106]
700.040 [Repealed by1967 c.476 §21]
700.050Environmental health specialist examination. (1) Examinations forregistration as an environmental health specialist shall be held at least onceevery year at such time and place as the Oregon Health Licensing Agency maydetermine. The examination shall be sufficiently thorough to determine thequalifications, fitness and ability of the applicant to practice as anenvironmental health specialist and may be in the form of written, oral orpractical demonstrations of skill. The examination shall cover subject areasdetermined by the Environmental Health Registration Board by rule.
(2)The agency shall notify each applicant whether the applicant passed or failedthe examination.
(3)Upon written request to the agency, any applicant may discuss performance onthe examination.
(4)Any applicant who fails to make a passing grade on the examination may beallowed to take the examination a second time upon payment of the required fee.The agency, in consultation with the board, may require the applicant toundergo additional training as determined by the board before taking theexamination a third or subsequent time.
(5)The agency shall give reasonable notice by mail of the time and place ofexamination 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]
700.052Registration without examination. The Oregon Health Licensing Agencyshall issue a registration without written examination to an applicant who paysthe required fees and furnishes documentation, as determined by the agency byrule, showing satisfactory evidence that the applicant meets the educationrequirements of this chapter, and at the time of application is registered asan environmental health specialist or waste water specialist by a nationalassociation that is recognized by the Environmental Health Registration Board oris registered by the regulatory body of another state. The registrationrequirements of the other state or the national association, including thewritten examination, must be substantially equivalent to registrationrequirements in this state. [2003 c.547 §101; 2005 c.648 §108]
700.053Qualifications of waste water specialist applicant; application; fee;examination.(1) An applicant for registration as a waste water specialist shall submit anapplication to the Oregon Health Licensing Agency in the manner required by theEnvironmental Health Registration Board. The application shall be on a formapproved by the agency, include proof satisfactory to the board that theapplicant 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 anapplicant whose application complies with subsection (1) of this section andwho successfully completes the examinatio
nrequired under subsection (5) of this section and passes the examinationrequired 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 atleast 45 quarter hours or the equivalent in soil science courses and two yearsof experience in waste water treatment, disposal and reuse within this statesupervised by a registered waste water specialist or by an equally qualifiedperson as determined by the board;
(b)A graduate degree in soil science from an accredited college or university andone year of experience in waste water treatment, disposal and reuse within thisstate supervised by a registered waste water specialist or by an equallyqualified person as determined by the board; or
(c)A graduate degree in soil science from an accredited college or university andto currently be certified as a professional soil scientist.
(4)Soil science schooling obtained while serving in the United States PublicHealth Service or a branch of the Armed Services of the United States may becredited toward the soil science course requirement under subsection (3)(a) ofthis section. The board may use any system it considers reliable in assigningcredit for relevant schooling under this subsection, including but not limitedto assigning credit in conformance with the “Guide to Evaluation of EducationalExperience in the Armed Services” published by the American Council onEducation.
(5)The board may, at its discretion, conduct an examination of candidates forregistration as waste water specialists. The examination may be on any matterpertaining to the fitness of the applicant to be registered as a waste waterspecialist, but may not duplicate matters covered on the examination requiredunder subsection (6) of this section.
(6)Every applicant for registration as a waste water specialist shall be given awritten or practical examination prepared by the board and designed to test thetechnical competence of the applicant in all major areas of waste watersanitation. [1995 c.572 §3; 2003 c.547 §96; 2005 c.22 §478; 2005 c.648 §109]
700.056Duties allowed for waste water specialist; environmental health specialist mayperform duties.(1) A person who is registered as a waste water specialist under ORS 700.053shall 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 theland application of sludge; and
(b)Based on the soil evaluation, determine the appropriate design of systems thatuse soil in the final stage of the waste water treatment process.
(2)This section does not prohibit a registered environmental health specialistfrom performing the duties of a waste water specialist. [1995 c.572 §4; 2003c.547 §97]
700.059Waste water specialist examination. (1) Examinations for registration as awaste water specialist shall be held at least once every year at such time andplace as the Oregon Health Licensing Agency may determine. The EnvironmentalHealth 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 failedthe examination.
(3)Upon written request to the board, any applicant may discuss performance on theexamination.
(4)Any applicant who fails to make a passing grade on the examination may beallowed to take the examination a second time upon payment of required fees.However, any applicant who fails the examination a second time must obtainspecial permission from the board to take the examination a third or subsequenttime.
(5)The agency shall give reasonable notice by mail of the time and place ofexamination to each applicant accepted for examination. [1995 c.572 §5; 2003c.547 §98; 2005 c.648 §110]
700.060 [Repealed by1967 c.476 §21]
700.062Waste water specialist trainee registration. (1) Subject to ORS 676.612, uponapplication and payment of required fees established by the Oregon HealthLicensing Agency, the agency shall issue registration as a waste waterspecialist trainee to any applicant who furnishes evidence satisfactory to theagency that the applicant:
(a)Has a bachelor’s degree from an accredited college or university, including atleast 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 PublicHealth Service or a branch of the Armed Services of the United States may becredited toward the soil science course requirement under this section. TheEnvironmental Health Registration Board may use any system it considersreliable in assigning credit for relevant schooling under this subsection,including but not limited to assigning credit in conformance with the “Guide toEvaluation of Educational Experience in the Armed Services” published by theAmerican Council on Education. [1995 c.572 §6; 2003 c.547 §99; 2005 c.648 §111]
700.070 [Repealed by1967 c.476 §21]
700.080Fees; rules; disposition of receipts. (1) The Oregon Health Licensing Agencyshall establish by rule and collect fees and charges for the following relatedto environmental and waste water specialists:
(a)Application.
(b)Examination.
(c)Trainee registration.
(d)Original registration.
(e)Registration renewal.
(f)Reciprocity.
(g)Delinquent renewal.
(h)Replacement or duplicate certificate of registration.
(i)Reactivation of registration.
(j)Providing copies of official documents or records and for recoveringadministrative costs associated with compiling, photocopying or preparing anddelivering the records.
(2)All moneys received by the agency under subsection (1) of this section shall bepaid into the General Fund in the State Treasury and credited to the OregonHealth Licensing Agency Account, and are appropriated continuously to and shallbe used by the agency as authorized by ORS 676.625. [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;2009 c.701 §64]
700.082 [1983 c.222 §2;1985 c.565 §117a; 1991 c.703 §37; repealed by 1995 c.572 §25]
700.085 [1967 c.476 §19;repealed by 1995 c.572 §25]
700.090 [Amended by1967 c.476 §10; 1995 c.572 §12; repealed by 2003 c.547 §118]
700.100Expiration date, renewal, reactivation and reinstatement of registration;rules.(1) Except as provided in subsection (2) of this section, registrations issuedunder this chapter expire one year from the date of issuance. The registrant isresponsible for filing a registration renewal application form. The registrantmust submit to the Oregon Health Licensing Agency a completed renewalapplication, required renewal fee and satisfactory evidence of having completedany required continuing education credits on or before the expiration date ofthe registration as specified by agency rule. The registrant must be incompliance with all other requirements for renewal.
(2)The agency may vary the renewal date of a registration by giving the applicantwritten notice of the renewal date being assigned and by making proratedadjustments to the renewal fee.
(3)The agency shall adopt by rule requirements for late renewal of a registration,reactivation of an expired registration or reinstatement of a registration thathas been expired for more than three consecutive years. [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; 2009 c.701 §65]
700.105Continuing education requirements; rules. The Oregon Health LicensingAgency, in consultation with the Environmental Health Registration Board, mayadopt rules establishing continuing education requirements that an applicantmust meet to obtain renewal of a registration. [1983 c.189 §11; 1995 c.572 §14;2003 c.547 §104; 2005 c.648 §114]