72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
 
 
                            Enrolled
 
                         House Bill 2893
 
Sponsored by Representative BARNHART (at the request of Mark
  Reed)
 
 
                     CHAPTER ................
 
 
                             AN ACT
 
 
Relating to practice of geology; amending ORS 672.505 and
  672.525.
 
Be It Enacted by the People of the State of Oregon:
 
  SECTION 1. ORS 672.505 is amended to read:
  672.505. As used in ORS 672.505 to 672.705, unless the context
requires otherwise:
  (1) 'Administrator' means the office as established by ORS
672.505 to 672.705.
  (2) 'Board' means State Board of Geologist Examiners.
  (3) 'Engineering geologist' means a person who applies geologic
data, principles, and interpretation to naturally occurring
materials so that geologic factors affecting planning, design,
construction and maintenance of civil engineering works are
properly recognized and utilized.
  (4) 'Geologist' means a person engaged in the practice of
geology.
  (5) 'Geologist in training' means a person certified by the
board as having passed an examination in the geologic subjects
and having adequate academic training.
  (6) 'Geology' refers to that science which treats of the earth
in general; investigation of the earth's crust and the rocks and
other materials which compose it; and the applied science of
utilizing knowledge of the earth and its constituent rocks,
minerals, liquids, gases, and other materials for the benefit of
  { - mankind - }  { +  humanity + }.
    { - (7) 'Public practice of geology' means the performance of
geological service or work for the general public. This includes
consultation, investigation, surveys, evaluation, planning,
mapping, and inspection of geological work, in which the
performance is related to public welfare or safeguarding of life,
health, property and the environment, except as specifically
exempted by ORS 672.505 to 672.705. A person shall be construed
to publicly practice or offer to publicly practice geology,
within the meaning and intent of ORS 672.505 to 672.705, who
practices any branch of the profession of geology; or who by
verbal claim, sign, advertisement, letterhead, card, or in any
other way purports to be a registered geologist, or through the
use of some other title implies that the person is a registered
geologist or that the person is registered under ORS 672.505 to
672.705; or who offers to provide any geological services or work
recognized as geology for a fee or other compensation. - }
 
 
Enrolled House Bill 2893 (HB 2893-A)                       Page 1
 
 
 
   { +  (7) 'Public practice of geology' means the performance
for another of geological service or work, such as consultation,
investigation, surveys, evaluation, planning, mapping and
inspection of geological work, that is related to public welfare
or safeguarding of life, health, property and the environment,
except as specifically exempted by ORS 672.505 to 672.705. + }
  (8) 'Qualified nonregistered geologist' means a person who
possesses all the qualifications specified in ORS 672.505 to
672.705 for registration except that the person is not registered
in this state.
  (9) 'Registered certified specialty geologist' means a person
who is certified as a specialty geologist under the provisions of
ORS 672.505 to 672.705.
  (10) 'Registered geologist' means a person who is registered as
a geologist under the provisions of ORS 672.505 to 672.705.
  (11) 'Responsible charge of work' means the independent control
and direction of geological work by the use of initiative, skill,
and independent judgment, or the supervision of such work.
  (12) 'Subordinate' means any person who assists a registered
geologist in the practice of geology without assuming the
responsible charge of work.
  SECTION 2. ORS 672.525 is amended to read:
  672.525. (1) No person, other than a registered geologist, a
registered certified specialty geologist or a subordinate under
the direction of either, shall provide or prepare for the public
practice of geology any geologic maps, plans, reports, or
documents except as specifically exempted in ORS 672.535.
  (2) No person shall publicly practice or offer to publicly
practice geology in this state, and use in connection with the
name of the person or otherwise assume or advertise any title or
description tending to convey the impression that the person is a
 { +  registered + } geologist, unless such person has been
registered or exempted under the provisions of ORS 672.505 to
672.705. The right to engage in the public practice of geology is
deemed a personal right, based on the qualifications of the
individual as evidenced by the certificate of registration, and
shall not be transferable.
  (3) No person other than a geologist registered under ORS
672.505 to 672.705 shall stamp or seal any plans, plats, reports,
or other documents with the seal or stamp of a registered
geologist or registered certified specialty geologist, or to use
in any manner the title 'geologist' or the title of any
registered certified specialty geologist while conducting the
public practice of geology unless registered or certified under
ORS 672.505 to 672.705.
  (4) No person shall sign, or stamp or seal any geologic maps,
plans, plats, reports, or other geologic documents after the
certification of the registrant named thereon has expired or has
been suspended or revoked, unless the certificate has been
renewed or reissued.
  (5) No person shall attempt to use the certificate of
registration or seal of another, or falsely impersonate another
registrant.
  (6) No person shall give false or forged evidence of any kind
to the State Board of Geologist Examiners to obtain a certificate
of registration.
  (7) No person, including a person registered as a geologist
under this section, shall practice or offer to perform any
activities of an engineering geologist as defined in ORS 672.505
 
 
 
Enrolled House Bill 2893 (HB 2893-A)                       Page 2
 
 
 
unless the person is certified as an engineering geologist under
ORS 672.565.
   { +  (8) A person shall be construed to publicly practice or
offer to publicly practice geology if the person:
  (a) Publicly practices any branch of the profession of geology;
  (b) By verbal claim, sign, advertisement, letterhead or card,
or in any other way, purports to be a registered geologist, or
through the use of some other title implies that the person is a
registered geologist or that the person is registered under ORS
672.505 to 672.705; or
  (c) Offers to provide any geological services or work
recognized as the public practice of geology for a fee or other
compensation.
  (9) A person does not publicly practice or offer to publicly
practice geology solely because the person testifies or prepares
to testify in a public proceeding. + }
                         ----------
 
 
Passed by House May 5, 2003
 
 
      ...........................................................
                                             Chief Clerk of House
 
      ...........................................................
                                                 Speaker of House
 
Passed by Senate May 28, 2003
 
 
      ...........................................................
                                              President of Senate
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Enrolled House Bill 2893 (HB 2893-A)                       Page 3
 
 
 
 
 
Received by Governor:
 
......M.,............., 2003
 
Approved:
 
......M.,............., 2003
 
 
      ...........................................................
                                                         Governor
 
Filed in Office of Secretary of State:
 
......M.,............., 2003
 
 
      ...........................................................
                                               Secretary of State
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Enrolled House Bill 2893 (HB 2893-A)                       Page 4