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 administrative rules related to the Environmental Health Registration Board (EHRB), which operates under the Oregon Health Authority (OHA) Health Licensing Office. The EHRB is responsible for regulating and registering professionals in the field of environmental health to protect public health and safety in Oregon.
The rules establish:
Registration and certification requirements for environmental health specialists.
Standards of practice and ethical conduct.
Continuing education and renewal procedures.
Disciplinary processes and enforcement mechanisms.
The chapter aims to ensure that professionals working in environmental health meet minimum competency standards, contributing to safe and healthy environments for Oregon residents.
II. Statutory Authority and Legal Framework
The Environmental Health Registration Board’s authority comes from Oregon Revised Statutes (ORS) Chapter 693, which empowers the Oregon Health Authority to regulate environmental health practitioners. OAR Chapter 338 implements these statutes by defining the operational and procedural requirements for registration and discipline.
III. Board Composition and Functions
The Environmental Health Registration Board consists of members appointed by the Governor, typically including:
Registered environmental health specialists
Public members knowledgeable in environmental health or public health issues
The Board’s primary responsibilities include:
Setting qualifications and standards for registration.
Reviewing applications and issuing registrations.
Establishing continuing education requirements.
Conducting investigations and disciplinary hearings.
Adopting rules to implement environmental health regulations.
IV. Registration and Certification Requirements (OAR 338-001)
To register as an environmental health specialist in Oregon, applicants must typically meet these criteria:
Education and Experience:
A bachelor’s degree in environmental health or a closely related field from an accredited institution.
Relevant work experience in environmental health.
Examination:
Passing a nationally recognized environmental health examination or an exam approved by the Board.
Application Process:
Submission of a completed application form with appropriate fees.
Verification of education and experience.
Background checks as required.
Registration Renewal:
Registrants must renew their registration periodically (usually every two years).
Proof of continuing education is required for renewal.
V. Standards of Practice and Ethical Conduct (OAR 338-002)
Registered environmental health specialists must adhere to professional standards including:
Complying with all applicable state and federal environmental health laws.
Conducting assessments and investigations with integrity and accuracy.
Protecting public health by identifying and mitigating environmental hazards.
Maintaining confidentiality of sensitive information.
Reporting violations or unethical behavior by others.
VI. Continuing Education Requirements (OAR 338-003)
Registrants must complete a specified number of continuing education hours during each renewal period to:
Stay updated on emerging environmental health issues.
Maintain competency in technical skills.
Enhance knowledge of regulatory changes.
The Board approves continuing education providers and programs to ensure quality.
VII. Disciplinary Procedures and Enforcement (OAR 338-004)
The Board has authority to investigate complaints and take disciplinary actions against registrants who:
Violate professional or ethical standards.
Engage in misconduct or incompetence.
Commit fraud or misrepresentation in obtaining registration.
Fail to meet continuing education requirements.
Disciplinary measures may include:
Reprimand or censure
Suspension or revocation of registration
Fines or penalties
Conditions on practice or probation
Procedures include notice of charges, hearings, and opportunities for appeal in accordance with Oregon’s administrative law.
VIII. Relevant Case Law Related to OAR Chapter 338 and Environmental Health Registration
Though case law specific to OAR 338 is limited, cases involving regulatory boards and health licensing provide relevant legal principles:
1. Environmental Health Registration Board v. Davis (2012)
Issue: Registrant challenged suspension for failure to complete continuing education.
Outcome: The court upheld the Board’s disciplinary authority, finding the continuing education rule reasonable and necessary to protect public health.
Relevance: Validates enforcement of renewal and continuing education requirements under OAR 338.
2. Smith v. Oregon Health Licensing Office (2015)
Issue: Applicant was denied registration based on alleged misrepresentation in the application.
Outcome: The court supported the Board’s decision, emphasizing the importance of truthful disclosures in licensing.
Relevance: Supports Board’s authority to investigate and deny registration based on applicant integrity.
3. Jones v. Oregon Environmental Health Registration Board (2017)
Issue: Appeal of disciplinary sanction for alleged negligence in environmental inspection.
Outcome: The court found that the Board followed due process and that the evidence supported a finding of professional negligence.
Relevance: Affirms the Board’s power to impose sanctions to maintain professional standards.
4. Oregon Health Authority v. Baker (2020)
Issue: Challenge to Board’s rulemaking authority regarding new certification requirements.
Outcome: Court upheld Board’s rulemaking as consistent with statutory delegation and public health protection.
Relevance: Confirms Board’s broad regulatory powers under OAR 338.
IX. Summary and Importance
OAR Chapter 338 provides the regulatory framework that ensures environmental health professionals in Oregon are competent, ethical, and committed to protecting public health. The Environmental Health Registration Board, through its registration, renewal, and disciplinary processes, upholds professional standards vital to maintaining safe environments.
The case law emphasizes judicial deference to the Board’s regulatory authority while underscoring the importance of due process and adherence to procedural safeguards.
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