Oregon § 700.995 - Criminal penalty

§ 700.995. Criminal penalty

700.995 Criminal penalty

GENERAL PROVISIONS

700.005 Purpose. 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]

700.010 Definitions. As used in this chapter, unless the context requires otherwise:

(1) Board means the Environmental Health Registration Board, established within the Health Licensing Office.

(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 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.

(4) 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 health, including but not limited to scientific investigation and education and counseling in environmental health.

(5) 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.

(6) Registrant means any person registered with the office 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 health or waste water sanitation.

(8) 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.

(9) 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.

(10) 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; 2013 c.568 125; 2025 c.624 12]

REGISTRATION OF SPECIALISTS AND TRAINEES

700.020 Registration required. 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]

700.025 Persons not required to register. The provisions of ORS 700.020 (2) do not apply to:

(1) Any person teaching, lecturing or engaging in research in environmental health 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 431.001 to 431.550, 431.705 to 431.760, 431.990 and 431A.005 to 431A.020.

(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; 2015 c.736 110; 2025 c.624 13]

700.030 Qualifications of environmental health specialist applicant; fees; rules. (1) The Health Licensing Office may issue a registration to practice environmental health to an applicant who submits an application and pays the applicable fees established under ORS 676.576. The applicant must also:

(a) Pass an examination approved by the Environmental Health Registration Board by rule; and

(b) Submit proof that the applicant:

(A) Has a bachelor s degree from an accredited college or university, 45 quarter hours or the equivalent semester hours in science courses and two years of experience in environmental health under the supervision of a registered environmental health specialist or a person possessing equal qualifications as determined by the board;

(B) Has a graduate degree in public or community health or another environmental health field from an accredited college or university and one year of experience in environmental health under the supervision of a registered environmental health specialist or a person possessing equal qualifications as determined by the board; or

(C) Has an active credential as a registered environmental health specialist or a registered sanitarian by a national association that is recognized by the board.

(2) For the purpose of meeting the education and experience requirements listed in subsection (1)(b) of this section, accumulated schooling relevant to environmental health 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 an applicant s educational requirements. 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 American Council on Education Military Guide.

(3) The office may require an applicant to meet additional requirements by rule to obtain an environmental health specialist 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; 2013 c.314 59; 2013 c.568 126; 2017 c.101 26; 2025 c.624 14]

700.035 Registration of environmental health specialist trainees; fees; rules. (1) The Health Licensing Office may issue an environmental health specialist trainee registration to an applicant who submits an application and pays the applicable fees established under ORS 676.576. An applicant must also:

(a) Have a bachelor s degree and at least 45 quarter hours, or the equivalent semester hours, in science courses from an accredited college or university; or

(b) Have at least 15 quarter hours, or the equivalent semester hours, in science courses from an accredited college or university and have at least five years of experience in environmental health or related activities, as determined by the Environmental Health Registration Board, under the supervision of a registered environmental health specialist or a person possessing equal qualifications, as determined by the board.

(2) The board may enact rules to require an examination of applicants for registration as an environmental health specialist trainee.

(3) 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.

(4) For the purpose of meeting the education and experience requirements listed in subsection (1) of this section, accumulated schooling relevant to environmental health 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 an applicant s educational requirements. 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 American Council on Education Military Guide. [1967 c.476 5; 1983 c.189 2; 1995 c.572 9; 2003 c.547 94; 2005 c.648 106; 2013 c.314 60; 2013 c.568 127; 2017 c.101 26a; 2019 c.456 111; 2025 c.624 15]

700.040 [Repealed by 1967 c.476 21]

700.050 [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; 2013 c.314 61; 2013 c.568 128; repealed by 2025 c.624 23]

700.052 [2003 c.547 101; 2005 c.648 108; 2013 c.568 129; repealed by 2025 c.624 23]

700.053 Qualifications of waste water specialist applicant; application; examination; fees; rules. (1) The Health Licensing Office may issue a waste water specialist registration to an applicant who submits an application and pays the applicable fees established under ORS 676.576. An applicant must also:

(a) Pass an examination approved by the Environmental Health Registration Board by rule; and

(b) Submit proof 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 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) Has 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) Has a graduate degree in soil science from an accredited college or university and is currently certified as a professional soil scientist.

(2) For the purpose of meeting the education requirements listed in subsection (1) of this section, accumulated schooling relevant to soil science 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 an applicant s educational requirements. 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 American Council on Education Military Guide. [1995 c.572 3; 2003 c.547 96; 2005 c.22 478; 2005 c.648 109; 2013 c.314 62; 2013 c.568 130; 2025 c.624 16]

700.056 Duties allowed for waste water specialist; environmental health specialist may perform duties. (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]

700.059 [1995 c.572 5; 2003 c.547 98; 2005 c.648 110; 2013 c.314 63; 2013 c.568 131; repealed by 2025 c.624 23]

700.060 [Repealed by 1967 c.476 21]

700.062 Waste water specialist trainee registration; fees. (1) The Health Licensing Office may issue a waste water specialist trainee registration to an applicant who submits an application and pays the applicable fees established under ORS 676.576. An applicant must also:

(a) Have 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) Have a graduate degree in soil science from an accredited college or university.

(2) For the purpose of meeting the education requirements listed in subsection (1) of this section, accumulated schooling relevant to soil science 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 an applicant s educational requirements. 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 American Council on Education Military Guide. [1995 c.572 6; 2003 c.547 99; 2005 c.648 111; 2013 c.314 64; 2013 c.568 132; 2025 c.624 17]

700.070 [Repealed by 1967 c.476 21]

700.080 [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; repealed by 2013 c.314 65]

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 by 1967 c.476 10; 1995 c.572 12; repealed by 2003 c.547 118]

700.100 [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; repealed by 2013 c.314 65]

700.105 [1983 c.189 11; 1995 c.572 14; 2003 c.547 104; 2005 c.648 114; repealed by 2013 c.314 65]

700.110 [Amended by 1967 c.476 12; 1983 c.189 5; 1995 c.572 15; repealed by 2003 c.547 118]

700.111 Grounds and procedure for discipline. In the manner prescribed in ORS chapter 183 for contested cases, the Health Licensing Office 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; 2013 c.568 136]

700.115 [1971 c.734 168; 1973 c.829 70; 1995 c.572 16; repealed by 2003 c.547 118]

700.120 [Amended by 1967 c.476 13; repealed by 1971 c.734 21]

700.130 [Amended by 1967 c.476 14; repealed by 1973 c.829 71]

ENVIRONMENTAL HEALTH REGISTRATION BOARD

700.210 Environmental Health Registration Board. There is established within the Health Licensing Office 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; 2013 c.568 137]

700.220 Members qualifications; term; removal; vacancies; compensation and expenses. (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 Oregon Medical Board 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 health.

(c) Two must be members of the public who do not possess the same professional qualifications of the other members.

(2) The term of office of each member of the Environmental Health Registration Board is four years, but a member serves at the pleasure of the Governor. Vacancies shall be filled by the Governor by appointment for the unexpired term. A member shall hold the member s office until the appointment and qualification of a successor. A member is eligible for reappointment. If a person serves two consecutive full terms, a period of at least four years must elapse before the person is again eligible for appointment to serve on the board.

(3) 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; 2009 c.701 66; 2025 c.624 18]

700.230 Meetings; chairperson; quorum. (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]

700.240 Authority of Health Licensing Office and Environmental Health Registration Board; rules. (1) The Health Licensing Office may:

(a) Determine the qualifications, training, education and fitness of applicants for registration, renewal of registrations and reciprocal registrations;

(b) Adopt rules that are necessary to conduct its business related to carrying out its duties under and in administering this chapter;

(c) Examine, approve, issue, deny, revoke, suspend and renew registrations to practice environmental health or waste water sanitation under this chapter;

(d) Provide for waivers of examinations and credentials;

(e) Provide requirements for temporary registrations as considered appropriate;

(f) Establish standards for applicants with experience that precedes the date of application; and

(g) Limit the number of renewals for environmental health specialist trainees and waste water specialist trainees.

(2) The Environmental Health Registration Board may:

(a) Approve examinations for registrations by rule;

(b) Establish standards of practice and professional responsibility for persons registered by the office;

(c) Adopt rules that are necessary to carry out this chapter; and

(d) Establish supervision requirements for environmental health specialist trainees and waste water specialist trainees. [Amended by 1967 c.476 16; 1995 c.572 17; 2003 c.547 110; 2005 c.648 118; 2013 c.568 138; 2025 c.624 19]

700.250 [Repealed by 1973 c.427 38 (700.251 enacted in lieu of 700.250)]

700.251 [1973 c.427 39 (enacted in lieu of 700.250); 1999 c.885 36; repealed by 2003 c.547 118]

700.260 [1967 c.476 17; 1995 c.79 352; 1995 c.572 18; 1997 c.249 214; repealed by 2003 c.547 118]

700.310 [1967 c.476 6; repealed by 1995 c.572 25]

700.990 [1967 c.476 18; repealed by 1995 c.572 25]

700.992 [1995 c.572 20; 2003 c.547 111; repealed by 2005 c.648 121]

PENALTIES

700.995 Criminal penalty. Violation 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.

_______________