Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 296 - TEXAS ASBESTOS HEALTH PROTECTION › Subchapter D - LICENSE AND REGISTRATION › Section 296.44 - Out-of-State Applicants

Current through Reg. 49, No. 28; July 12, 2024
(a) Qualifications. Out-of-state applicants must comply with all licensing
											  qualifications that are required for Texas residents.
(b)
											  Documentation of education, experience, training, and medical examinations acquired out of state must be
											  verifiable. DSHS may approve applications with out-of-state documentation on a case-by-case basis. If DSHS is
											  unable to verify the documentation, the applicant is responsible for verifying the documentation.
(c) Texas Asbestos Law and Rules course. A person applying for an initial
											  or renewal license or registration who did not receive any of the required training for that license or
											  registration from a DSHS-licensed training provider must complete a three-hour Texas Asbestos Law and Rules
											  course. The Texas Asbestos Law and Rules course must be completed within one year before DSHS receives the
											  license or registration application. A training course taken from a DSHS-licensed training provider in an
											  asbestos licensure or accreditation category other than the one for which license or registration is sought
											  may substitute for the Texas Asbestos Law and Rules course.
(d)
											  Interstate commerce. A foreign entity, as defined in Texas Business Organizations Code §
										1.002, that transacts business only in
											  interstate commerce may qualify as not transacting business in Texas if the entity submits a statement with
											  its license application that the entity engages only in interstate commerce, does not transact business in
											  Texas, and is not a foreign entity that is required under Texas law to register with the Secretary of State.
											  The statement must be in the form of a sworn affidavit from an individual authorized to make the statement on
											  behalf of the entity.
(e) Formerly licensed in Texas. A person
											  who was licensed by DSHS, moved to another state, and is currently licensed in the other state and has been
											  in practice there for the two years preceding the date of application, may obtain a new DSHS license without
											  reexamination. The person must pay to DSHS a fee that is equal to two times the normally required renewal fee
											  for the license term. The person must meet all other qualifications applicable to the new license.
(f) Provisional license or registration. A person who is currently licensed
											  or registered as an asbestos abatement worker, asbestos abatement supervisor, asbestos inspector, or asbestos
											  management planner in another state, including a foreign country, may request a provisional license or
											  registration in the same discipline.
(1) A person may receive a provisional
											  license or registration issued by DSHS if:
(A) the person has been licensed
											  or registered in good standing for at least two years in another state, including a foreign country, that has
											  licensing or registration requirements substantially equivalent to the requirements in this
											  chapter;
(B) the person has passed a national or other
											  examination recognized by DSHS relating to the provisional license requested;
(C) the person pays the nonrefundable provisional license or registration
											  fee set forth in § 296.91 of this chapter (relating to Fees); and
(D) the person is sponsored by a company that meets the insurance
											  requirements of § 296.45 of this chapter (relating to Insurance Requirements) with whom the person will
											  practice during the time the person holds a provisional license or registration. DSHS may waive the
											  requirement of sponsorship for an applicant if DSHS determines that compliance with §296.45 would be a
											  hardship to the applicant.