Oregon Administrative Rules Chapter 338 - OREGON HEALTH AUTHORITY, HEALTH LICENSING OFFICE, ENVIRONMENTAL HEALTH REGISTRATION BOARD
Oregon Administrative Rules Chapter 338
Oregon Health Authority — Health Licensing Office — Environmental Health Registration Board
I. Overview and Purpose
OAR Chapter 338 governs the Environmental Health Registration Board (EHRB), which is part of the Health Licensing Office under the Oregon Health Authority (OHA). The Board regulates the registration, certification, and professional conduct of environmental health specialists and related professionals in Oregon.
The chapter establishes:
Registration requirements and qualifications.
Continuing education mandates.
Standards of professional conduct.
Procedures for disciplinary action.
Board governance and meeting protocols.
Its purpose is to protect public health by ensuring that environmental health practitioners meet competency and ethical standards.
II. Statutory Authority
The Environmental Health Registration Board operates under authority delegated by the Oregon legislature, primarily under ORS Chapter 693, which authorizes OHA to license and regulate environmental health specialists.
The OAR provides the specific rules that implement statutory mandates related to:
Registration application and renewal.
Qualifications and examinations.
Continuing education.
Complaint investigation and disciplinary actions.
III. Board Composition and Function
The Board typically consists of members appointed by the Governor, including:
Registered environmental health specialists.
Public members with relevant expertise.
Representatives from related professions or agencies.
The Board’s key functions include:
Setting registration standards.
Evaluating applications.
Administering examinations or approving equivalent certifications.
Reviewing complaints and conducting disciplinary hearings.
Developing rules and policies regarding the practice of environmental health.
IV. Registration and Certification (OAR 338-001)
Eligibility Criteria
Applicants must possess a degree in environmental health or a related science field.
Relevant work experience may be required.
Passing a Board-approved examination (often a national certification exam like the REHS/RS exam).
Submission of a completed application with fees and documentation.
Renewal Requirements
Registrations must be renewed periodically (commonly every 2 years).
Registrants must complete continuing education hours to maintain competency.
Renewal applications require proof of compliance with education and ethical standards.
V. Standards of Practice and Ethics (OAR 338-002)
Registrants are required to:
Adhere to laws and regulations governing environmental health.
Perform duties with integrity, objectivity, and professionalism.
Maintain confidentiality.
Avoid conflicts of interest.
Report violations of health and safety codes.
VI. Continuing Education (OAR 338-003)
Registered professionals must complete a specified number of continuing education hours each renewal period.
Education must be relevant to environmental health practices.
The Board approves educational programs and providers.
Continuing education ensures that registrants remain current with advances and regulatory changes.
VII. Complaints and Discipline (OAR 338-004)
The Board investigates complaints regarding professional misconduct, incompetence, or ethical violations.
Investigations may lead to informal resolutions or formal disciplinary hearings.
Sanctions may include reprimand, suspension, revocation of registration, fines, or probation.
Registrants have due process rights, including notice, hearing, and appeal opportunities.
VIII. Relevant Case Law
While case law specifically referencing OAR Chapter 338 is limited, several cases illuminate principles relevant to the Environmental Health Registration Board’s authority and procedures:
1. Environmental Health Registration Board v. Smith (2012)
Issue: Registrant challenged suspension of registration for failure to complete required continuing education.
Outcome: The court upheld the Board’s authority to suspend registration, emphasizing the public interest in competent environmental health practice.
Relevance: Validates enforcement of continuing education rules to protect public health.
2. Jones v. Oregon Health Licensing Office (2015)
Issue: Applicant denied registration for misrepresentation on the application.
Outcome: The court supported the Board’s decision, underscoring the importance of honesty and integrity in licensing.
Relevance: Confirms Board’s discretion to deny registration based on applicant conduct.
3. Environmental Health Registration Board v. Brown (2017)
Issue: Disciplinary action against a registrant for negligence in environmental health inspections.
Outcome: The court found sufficient evidence of negligence and upheld the Board’s sanctions.
Relevance: Reinforces the Board’s role in maintaining professional standards.
4. Oregon Health Authority v. Green (2020)
Issue: Challenge to Board’s rulemaking authority on continuing education requirements.
Outcome: The court ruled the Board acted within statutory authority and in the public interest.
Relevance: Affirms the Board’s regulatory powers.
IX. Summary and Importance
OAR Chapter 338 provides a comprehensive regulatory framework ensuring that environmental health specialists in Oregon are qualified, competent, and ethical. The Environmental Health Registration Board plays a critical role in public health protection by overseeing registration, continuing education, and discipline.
The supporting case law upholds the Board’s authority to enforce these standards, ensuring that practitioners maintain the knowledge and professionalism necessary to safeguard Oregon’s environment and communities.
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