VDH's staff should be aware, and concerned, that as licensed OSE's they are solely responsible for their work product when designing a private utility.  VDH, as an agency, has no authority to design.  They have no exemption to licensure.  They are beholden to the personal, professional licenses granted to their experienced Onsite Soil Evaluator staff.

A review of 54.1-400 includes the definition of engineering which includes consulting, planning and design of private utilties.  VDH stipulated to this FACT in the VDH-DPOR memorandum of agreement, dated December 2006.  It was the precursor to the exemption to licensure in 54.1-402.

The term "private" is essential in understanding the role and responsibility of the licensed designer.  In this case, "private" equates to proprietary and is thusly excluded from protection under Sovereign Immunity.

VDH's environmental health specialists play an important role in protecting public health.  In almost every capacity they act to promote "governmental" interests and are protected under the doctrine of Sovereign Immunity.  However, when providing "proprietary" services, such as designing improvements to privately owned property, the veil of sovereign immunity falls away.  And you, the licensed professional are solely accountable.

How will VDH protect you?  Think about it.  Every time you design something and send it out , you put your license and your personal assets at risk!  You are not incorporated.  You have no professional liability insurance. 

I don't know how you sleep at night.  That kind of risk would eat at me continually.