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 296.46 - Initial and Renewal Licensing Requirements for an Individual

Current through Reg. 49, No. 28; July 12, 2024
(a) Initial and renewal licensure and
											  registration requirements. To receive or renew a license or registration for an asbestos abatement worker,
											  asbestos abatement supervisor, asbestos operations and maintenance (O&M) supervisor, asbestos inspector,
											  asbestos air monitoring technician, asbestos air monitoring technician project monitor (AMT/PM), asbestos
											  management planner, asbestos consultant, or asbestos project manager, an applicant must submit a complete
											  application as required under § 296.42 of this chapter (relating to Initial and Renewal Applications)
											  and the documentation required in this section. An out-of-state applicant must comply with § 296.44 of
											  this chapter (relating to Out-of-State Applicants).
(b) Initial
											  requirements. An applicant for an initial license or registration must submit the following:
(1) A copy of DSHS's Physician's Written Statement form that documents a
											  medical examination performed within the past 12 months, as required in § 296.42(i) of this
											  chapter.
(2) Copies of the initial training certificates and any
											  refresher training courses to show current accreditation under § 296.73 of this chapter (relating to
											  Asbestos Training Courses) for the following licenses, as applicable:
(A)
											  an asbestos abatement worker--the initial Asbestos Abatement Worker course, and the Asbestos
											  Contractor/Supervisor course may be substituted for the Asbestos Abatement Worker course and all subsequent
											  refresher training courses must be for the same course taken as the initial training;
(B) an asbestos abatement supervisor or asbestos O&M supervisor--the
											  initial Contractor/Supervisor course;
(C) an asbestos
											  inspector--the initial Asbestos Inspector course;
(D) an asbestos
											  air monitoring technician--the initial Asbestos Air Monitoring Technician course;
(E) an AMT/PM--the initial Asbestos Air Monitoring Technician and Asbestos
											  Contractor/Supervisor courses;
(F) an asbestos management
											  planner--the initial Asbestos Inspector and initial Asbestos Management Planner courses;
(G) an asbestos consultant--the initial Asbestos Project Designer, Asbestos
											  Inspector, Asbestos Management Planner, and Asbestos Air Monitoring Technician courses; and
(H) an asbestos project manager--the initial Asbestos Contractor/Supervisor
											  course.
(3) A copy of the current photo-identification
											  card issued by the training provider.
(4) An unaltered, 2-inch by
											  2-inch, color photograph of the face (without tinted glasses, hats, bandanas, or other articles that may
											  obscure the head or any part of the face) with a white background taken within the past 12 months and
											  submitted either on photo quality paper or in digital format.
(5)
											  Proof of passing the DSHS examination as required in Subchapter G of this chapter (relating to State
											  Licensing Examination), as applicable, for:
(A) an asbestos abatement
											  supervisor or asbestos O&M supervisor--DSHS's Asbestos Contractor/Supervisor examination;
(B) an asbestos inspector--DSHS's Asbestos Inspector examination;
(C) an asbestos air monitoring technician--DSHS's Air Monitoring Technician
											  examination;
(D) an AMT/PM--DSHS's Air Monitoring Technician and
											  Asbestos Contractor/Supervisor examinations;
(E) an asbestos
											  management planner--DSHS's Asbestos Management Planner examination;
(F) an asbestos consultant--DSHS's Asbestos Consultant examination;
											  and
(G) an asbestos project manager--DSHS's Asbestos
											  Contractor/Supervisor examination.
(6) Written
											  documentation of qualifying work experience as described in § 296.41(b)(2) of this chapter (relating to
											  License and Registration Requirements) for the following licensees, including contact information for the
											  person who supervised the applicant and can verify the work experience for:
(A) an asbestos abatement supervisor--at least 90 days of verifiable
											  qualifying work experience gained within the past 24 months from one or more of the following categories, as
											  needed to fulfill the requirements:
(i) work experience as a licensed
											  asbestos worker, asbestos abatement supervisor (during previous Texas or out-of-state licensure), AMT/PM,
											  asbestos consultant, or asbestos project manager;
(ii) work
											  experience as a MAP-accredited asbestos abatement worker, asbestos abatement supervisor, or asbestos project
											  designer in Texas or another state, or as a MAP-accredited asbestos project monitor in another state
											  conducting activities for which either a Texas license or a license in another state was not required, or for
											  which the applicant held the required license; or
(iii) work
											  experience performing air monitoring as a licensed or trained asbestos air monitoring technician or AMT/PM on
											  at least five asbestos abatement projects; and
(I) work experience must
											  have been gained while the license was current or after completion of training required under this
											  chapter;
(II) if an applicant is relying on work experience as a
											  trained air monitoring technician or AMT/PM, the applicant must have been authorized to perform the activity
											  in the state where the work experience occurred, or must have performed the air monitoring within the
											  immediate proximity and under the in-person and direct supervision of a licensed air monitoring technician,
											  licensed AMT/PM, or licensed consultant; and
(III) no more than
											  30 days of air monitoring work experience as a licensed or trained asbestos air monitoring technician or
											  AMT/PM may be counted towards the work experience requirements;
(B) an asbestos inspector--participation in at least five asbestos surveys
											  performed within immediate proximity and under the in-person and direct supervision of a licensed asbestos
											  inspector, licensed management planner, or licensed asbestos consultant, and work experience must have been
											  gained after completion of training required for licensure as an asbestos inspector under this
											  chapter;
(C) an air monitoring technician--performing air
											  monitoring on at least three asbestos abatement projects for a total of at least 15 days, within the
											  immediate proximity and under the in-person and direct supervision of a licensed air monitoring technician,
											  licensed AMT/PM, or licensed asbestos consultant working for a licensed asbestos laboratory or licensed
											  asbestos consultant agency, and work experience must be gained after completion of the Asbestos Air
											  Monitoring Technician course as described in § 296.73 of this chapter;
(D) an AMT/PM--at least 30 days of verifiable qualifying work experience
											  gained within the past 24 months that includes:
(i) performing air
											  monitoring on at least three asbestos abatement projects for a total of at least 15 days, within the
											  immediate proximity and under the in-person and direct supervision of a licensed air monitoring technician,
											  licensed AMT/PM, or licensed asbestos consultant working for a licensed asbestos laboratory or licensed
											  asbestos consultant agency, and work experience must be gained after completion of the Asbestos Air
											  Monitoring Technician course as described in § 296.73 of this chapter; and
(ii) any combination of qualifying work experiences from one or more of the
											  following categories, as needed to fulfill the requirements:
(I) work
											  experience as a licensed asbestos abatement worker, licensed asbestos abatement supervisor, licensed air
											  monitoring technician, or licensed asbestos consultant during previous Texas or out-of-state licensure, or a
											  licensed AMT/PM or licensed project manager during previous Texas licensure;
(II) work experience as a MAP-accredited asbestos abatement worker,
											  asbestos abatement supervisor, asbestos project monitor, or asbestos project designer, in Texas or another
											  state; and
(-a-) work experience must consist of activities for which
											  either no Texas license or license in another state was required, or for which the applicant held the
											  required license; and
(-b-) work experience must have been gained
											  while accreditation was current in accordance with the MAP; or
(III) performing project monitoring within immediate proximity and under
											  the in-person and direct supervision of a licensed asbestos consultant, AMT/PM, or asbestos project manager
											  working for a licensed laboratory or asbestos consultant agency, and work experience must have been gained
											  after completion of the Asbestos Contractor/Supervisor course as described in § 296.73 of this chapter;
											  and
(iii) to meet the work experience requirements
											  under clauses (i) and (ii) of this subparagraph, work experience performing project monitoring and air
											  monitoring during the same project may be used to satisfy the project monitoring and air monitoring work
											  experience requirement;
(E) an asbestos management
											  planner:
(i) participation in the development of at least five management
											  plans as a licensed asbestos management planner (during previous Texas of out-of-state licensure), or a
											  licensed asbestos consultant or within immediate proximity and under the in-person and direct supervision of
											  a licensed asbestos management planner or a licensed asbestos consultant, and work experience must have been
											  gained after completion of the Asbestos Management Planner course as described in § 296.73 of this
											  chapter;
(ii) participation in conducting five asbestos surveys,
											  including development of asbestos survey reports, as a licensed inspector or licensed asbestos consultant or
											  within the immediate proximity and under the in-person and direct supervision of a licensed inspector,
											  licensed management planner, or licensed asbestos consultant, and work experience must have been gained after
											  completion of the Asbestos Inspector course as described in § 296.73 of this chapter; and
(iii) to meet the work experience requirements under clauses (i) and (ii)
											  of this subparagraph, work experience participating in an asbestos survey and then participating in the
											  development of the management plan using that asbestos survey during the same project may be used to satisfy
											  one management plan and one asbestos survey requirement;
(F) an asbestos consultant--one of the following combinations of
											  professional or educational achievement and work experience gained after completion of any training that is
											  required to perform the applicable asbestos-related activity and performed while the training is current:
(i) current status as a Texas-registered architect or a Texas-licensed
											  professional engineer combined with at least 180 days of work experience performing asbestos-related
											  activities in public buildings, in accordance with applicable law in effect at the time of the work
											  experience and gained within the past four years; the asbestos-related work experience:
(I) must include the following:
(-a-)
											  developing at least six specifications and plans within the immediate proximity and under the in-person and
											  direct supervision of a licensed asbestos consultant;
(-b-)
											  conducting at least three asbestos surveys that include collecting bulk samples as a licensed asbestos
											  inspector or licensed asbestos management planner or within the immediate proximity and under the in-person
											  and direct supervision of a licensed asbestos inspector, licensed asbestos management planner, or licensed
											  asbestos consultant;
(-c-) performing project monitoring for at
											  least 10 days within the immediate proximity and under the in-person and direct supervision of a licensed
											  asbestos project manager, licensed AMT/PM, or consultant;
(-d-)
											  performing air monitoring for at least 10 days within the immediate proximity and under the in-person and
											  direct supervision of a licensed air monitoring technician, licensed AMT/PM, or a licensed asbestos
											  consultant; and
(-e-) to meet the work experience requirements
											  under items (-c-) and (-d-) of this subclause, work experience performing project monitoring and air
											  monitoring during the same project may be used to satisfy the project monitoring and air monitoring work
											  experience requirement;
(II) may include any of the
											  following:
(-a-) developing one or more management plans as a licensed
											  management planner or within the immediate proximity and under the in-person and direct supervision of a
											  licensed asbestos management planner or licensed asbestos consultant;
(-b-) working as a licensed asbestos abatement supervisor; or
(-c-) working as a registered asbestos abatement worker, that may qualify
											  for no more than 30 days of the required work experience; or
(ii) a bachelor's degree in architecture, engineering, or a physical or
											  natural science from an accredited college or university combined with the following work experience:
(I) two years of work experience in an environmental field or in
											  occupational health; and
(II) at least 180 days of work
											  experience performing asbestos-related activities in public buildings, in accordance with applicable law in
											  effect at the time of the work experience and gained within the past four years; the asbestos-related
											  experience must meet the requirements of clause (i)(I) and (II) of this subparagraph; or
(iii) completion of 60 college credit hours from an accredited college or
											  university, including 30 credit hours in engineering or natural or physical science and 9 credit hours in
											  mathematics, combined with the following work experience:
(I) three years
											  of work experience in an environmental field or in occupational health, and
(II) at least 250 days of work experience performing asbestos-related
											  activities in public buildings, in accordance with applicable law in effect at the time of the work
											  experience and gained within the past four years, and the asbestos-related work experience must meet the
											  requirements of clause (i)(I) and (II) of this subparagraph and in addition, the applicant must provide a
											  letter of recommendation from a supervising licensed asbestos consultant; and
(G) an asbestos project manager--at least 15 days of verifiable qualifying
											  work experience on at least three asbestos abatement projects gained within the past 24 months that includes
											  any combination of qualifying work experience from one or more of the following categories, as needed to
											  fulfill the requirements:
(i) work experience as a licensed asbestos
											  abatement worker, licensed asbestos abatement supervisor, licensed asbestos consultant, or licensed air
											  monitoring technician during previous Texas or out-of-state licensure, or as a licensed AMT/PM, or licensed
											  project manager during previous Texas licensure;
(ii) work
											  experience as a MAP-accredited asbestos abatement worker, asbestos abatement supervisor, asbestos project
											  monitor, or asbestos project designer, in Texas or another state; and
(I)
											  work experience must consist of activities for which either no Texas license or license in another state was
											  required, or for which the applicant held the required license; and
(II) work experience must have been gained while accreditation was current
											  in accordance with the MAP; or
(iii) work experience
											  performing project monitoring within immediate proximity and under the in-person and direct supervision of a
											  licensed AMT/PM, asbestos consultant, or asbestos project manager working for a licensed laboratory or
											  asbestos consultant agency, and work experience must have been gained after completion of training required
											  for licensure as an asbestos project manager under this chapter.
(7) Proof of the following education requirements for:
(A) an asbestos inspector, asbestos air monitoring technician, AMT/PM, or
											  asbestos project manager--a high school diploma or equivalent;
(B) an asbestos management planner--an associate's degree or successful
											  completion of a minimum of 60 credit hours from an accredited college or university; or
(C) an asbestos consultant--the education requirements set forth in
											  subparagraph (6)(F) of this subsection.
(8) Proof of
											  insurance coverage requirements for an asbestos inspector, asbestos management planner, and asbestos
											  consultant--professional liability insurance coverage for errors and omissions individually or under the
											  licensee's employer policy if performing work for hire, in accordance with §1954.105(c) of the Act and
											  as required in § 296.45 of this chapter (relating to Insurance Requirements).