72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 3048
House Bill 2893
Sponsored by Representative BARNHART (at the request of Mark
Reed)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Modifies definition of public practice of geology for purposes
of statutes relating to registered geologists to clarify that
public practice must be for other persons for fee or other
compensation.
A BILL FOR AN ACT
Relating to practice of geology; amending ORS 672.505, 672.525
and 672.535.
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. - } { +
geological work, service, consultation, investigation, survey,
evaluation, planning, mapping or inspection of other geological
work, for others for a fee or other compensation. In order to
constitute ' public practice of geology,' the performance must be
related to the public welfare or the safeguarding of life,
health, property and the environment and must not be specifically
exempted from the definition by ORS 672.535. + }
(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
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 under this section if the
person:
(a) Publicly practices any branch of the profession of geology
within the meaning provided in ORS 672.505;
(b) 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
(c) Offers to provide geological services or work recognized as
the public practice of geology for a fee or other
compensation. + }
SECTION 3. ORS 672.535 is amended to read:
672.535. The following persons are exempt from the provisions
of ORS 672.505 to 672.705:
(1) Persons engaged in teaching and conducting research in the
science of geology in an accredited college or university, and
students acting under their direction, but who are not engaged in
the public practice of geology in this state { - ; - }
{ + . + }
(2) Officers and employees of { + the state or of + } the
United States of America, practicing solely as such officers or
employees { - ; or - } { + . + }
(3) A subordinate to a geologist registered under ORS 672.505
to 672.705 insofar as the subordinate acts solely in such
capacity. This exemption, however, does not permit any such
subordinate to practice geology for others or use the title '
registered geologist. '
{ + (4) Persons engaged in proceedings in which they would
qualify as experts under ORS 40.410. + }
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