Professional Conduct Policy
The National Environmental Health Association (NEHA) has adopted a Professional Conduct Policy to safeguard the public from individuals who, in practice as NEHA credentialed professionals, might pose a danger to the public.
- All applicants for NEHA credentials must disclose all felony and misdemeanor convictions on their initial applications and on each renewal application. This disclosure obligation includes pleas of nolo contendre, guilty pleas, as well as judgments of convictions entered after a trial.
- Applicants are not required to disclose any criminal conviction that has been expunged from the public record or a deferred judgment, sentence, or other adjudication that did not result in the entry of a judgment of conviction against the applicant.
- Failure to disclose a criminal conviction, or withholding any material information regarding a conviction, shall be an independent basis for denial of eligibility to sit for a credential examination, revocation of a credential, or denial of an application for renewal.
NEHA will respond to disclosures of criminal convictions as follows:
1. Denial of Credential without Review
An applicant who discloses a conviction for any of the following crimes will be denied credentials:
a. Felonies involving sexual or physical abuse.
b. Serious crimes of violence against persons, including, but not limited to, murder, attempted murder, manslaughter (not including involuntary manslaughter) kidnapping, arson, rape, and assault or battery with a dangerous weapon.
c. Felonies for which an applicant remains on work release, probation, or parole at the time she or he submits an application.
2. Reviewable Denial of Credential
An applicant who discloses a conviction for any of the following crimes will be denied credentials, but will be afforded an opportunity to request a review and reversal of the denial. In order to prevail in such a review, the Applicant will be required to demonstrate, by clear and convincing evidence, that issuing her or him the requested credential will not potentially endanger public safety. Unless otherwise requested by NEHA, an applicant seeking review of a denial will be permitted to submit materials in writing. Nothing in this provision is intended to create the right to a hearing. The outcome of this single review will be final and no further review or appeal shall be permitted.
a. Felonies involving use, possession, or distribution of controlled substances prohibited by federal law.
b. Felonies and misdemeanors involving sexual abuse or the possession or distribution of child pornography; grand larceny; burglary; embezzlement; fraud; or other, similar felony offenses involving theft or deception.
3. Possible Denial of Credential
An applicant who discloses a conviction for a felony or misdemeanor offense not included in the preceding provisions may be denied an opportunity to undergo a credentialing exam, may be denied a credential, or may be denied renewal of a credential based upon NEHA’s consideration of the following factors:
a. The severity of the crime;
b. Whether the crime was violent in nature;
c. Whether the applicant has multiple convictions;
d. Whether the crime involved a minor, the elderly, or a person of diminished capacity;
e. How much time has elapsed since the crime was committed;
f. Whether the applicant successfully completed any sanction imposed;
g. Whether the applicant was truthful and not misleading in explaining the terms and circumstances of the conviction.
4. Petty Crimes Convictions & Arrest Records
Applicants will not be required to disclose, and NEHA will not consider, records of petty crime convictions or of arrests.
5. Licensing Actions
NEHA may deny an applicant eligibility to sit for a credential examination, may deny an application for renewal of a credential, or may take other appropriate action, where an applicant has been subject to the disciplinary restriction, suspension, revocation, or other similar limitation or denial of a professional license in any state.