Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 15 - TEXAS FORENSIC SCIENCE COMMISSION › Chapter 651 - DNA, CODIS, FORENSIC ANALYSIS, AND CRIME LABORATORIES › Subchapter C - FORENSIC ANALYST LICENSING PROGRAM › Section 651.219 - Code of Professional Responsibility

Current through Reg. 49, No. 28; July 12, 2024
(a) Code of Professional Responsibility for
				  Forensic Analysts, Forensic Technicians, and Crime Laboratory Management
				  Subject to the Jurisdiction of the Texas Forensic Science Commission. The Code
				  of Professional Responsibility ("Code") for forensic analysts, forensic
				  technicians, and crime laboratory management defines a framework for promoting
				  integrity and respect for the scientific process and encouraging transparency
				  in forensic analysis. Forensic analysts, forensic technicians, and crime
				  laboratory management subject to the Commission's jurisdiction are expected to
				  abide by this Code in all forensic science-related professional activities
				  regardless of the geographic location where the activities are performed.
				  Because certain components of the Code are best suited to individual forensic
				  analysts or technicians while others are best suited to crime laboratory
				  management, the Code is divided into two sections.
(b) Each forensic analyst shall:
(1) Accurately represent his/her education,
				  training, experience, and areas of expertise.
(2) Commit to continuous learning in the
				  forensic disciplines and stay abreast of new findings, equipment and techniques
				  to maintain professional competency.
(3) Promote validation and incorporation of
				  new technologies, guarding against the use of non-valid methods in casework and
				  the misapplication of validated methods.
(4) Avoid tampering, adulteration, loss, or
				  unnecessary consumption of evidentiary materials.
(5) Avoid participation in any case where
				  there are personal, financial, employment-related or other conflicts of
				  interest.
(6) Conduct thorough,
				  fair and unbiased examinations, leading to independent, impartial, and
				  objective opinions and conclusions.
(7) Make and retain full, contemporaneous,
				  clear and accurate written records of all examinations and tests conducted and
				  conclusions drawn, in sufficient detail to allow meaningful review and
				  assessment by an independent person competent in the field.
(8) Base conclusions on procedures supported
				  by sufficient data, standards and controls, not on political pressure or other
				  outside influence.
(9) Not offer
				  opinions or conclusions that are outside one's expertise.
(10) Prepare reports in clear terms,
				  distinguishing data from interpretations and opinions, and disclosing any
				  relevant limitations to guard against making invalid inferences or misleading
				  the judge or jury.
(11) Not issue
				  reports or other records, or withhold information from reports for strategic or
				  tactical litigation advantage.
(12)
				  Present accurate and complete data in reports, oral and written presentations
				  and testimony based on good scientific practices and valid methods.
(13) Testify in a manner which is clear,
				  straightforward and objective, and avoid phrasing testimony in an ambiguous,
				  biased or misleading manner.
(14)
				  Retain any record, item or object related to a case, such as work notes, data,
				  and peer or technical review information due to potential evidentiary value and
				  pursuant to the laboratory's retention policy.
(15) Communicate honestly and fully with all
				  parties (investigators, prosecutors, defense attorneys, and other expert
				  witnesses), unless prohibited by law.
(16) Document and notify management or
				  quality assurance personnel of adverse events, such as an unintended mistake or
				  a breach of ethical, legal, scientific standards, or questionable
				  conduct.
(17) Ensure reporting,
				  through proper management channels, to all impacted scientific and legal
				  parties of any adverse event that affects a previously issued report or
				  testimony.