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TITLE 25HEALTH SERVICES
PART 1DEPARTMENT OF STATE HEALTH SERVICES
CHAPTER 296TEXAS ASBESTOS HEALTH PROTECTION
SUBCHAPTER ETRAINING PROVIDER LICENSE AND TRAINING COURSES
RULE §296.71Asbestos Training Provider

      (ix) provide instructions for locating the registration form for the state licensing examination and examination schedule on DSHS's website;

      (x) provide a course review to improve and reinforce comprehension before administering the examination;

      (xi) administer a closed-book examination at the conclusion of each initial training course;

      (xii) administer one re-examination to each trainee who fails the first examination, as required under the policy and practices required under subsection (d)(1)(O) of this section;

      (xiii) record each trainee's examination score;

      (xiv) provide attendance records to the training provider upon completion of each course; and

      (xv) cooperate with DSHS personnel during inspections, audits, and investigations, as required in §296.271 of this chapter.

  (3) Withdrawal of instructor approval. DSHS may withdraw instructor approval if the instructor does not meet the requirements in this subsection, does not provide training that meets the requirements of the MAP or this chapter, or no longer possesses valid or current qualifications.

  (4) Instructors approved before the effective date of this section. An instructor who is approved to teach before the effective date of this section does not need to meet additional education, work experience, and teaching experience required under subsection (h)(1)(B) of this section that was not required when the instructor was approved and does not need to resubmit documents for approval. A certificate for the Texas Law and Rules course is not required to teach that course until six months after the effective date of this section. If, within six months after the effective date of this section, the instructor has not received a certificate for the Texas Law and Rules course, the instructor may not continue teaching under the instructor's prior approval. Any future instructor approval will be subject to the education, work experience, and teaching experience otherwise required under this section.

(i) Guest speaker approval and withdrawal of approval.

  (1) Approval. Prior approval of a guest speaker is required. A guest speaker may be used to supplement and enhance learning objectives but must not present more than 15% of any course. A guest speaker must have knowledge based on education, research, or experience in a particular area of study related to the course content being taught. Training providers seeking approval for a guest speaker must submit a completed Asbestos Guest Speaker Approval Application Form and sufficient documentation to show the person's knowledge, experience, and expertise. Acceptable documentation may include:

    (A) official copies of any applicable academic transcript or diploma specifying the guest speaker's major;

    (B) technical experience;

    (C) a verifiable resume; and

    (D) relevant, verifiable work experience, as described in §296.41(b)(2) of this chapter (relating to License and Registration Requirements).

  (2) Withdrawal of guest speaker approval. DSHS may withdraw guest speaker approval if the guest speaker is not providing training that meets the requirements of the MAP or this chapter or if the guest speaker's qualifications are no longer valid or current.


Source Note: The provisions of this §296.71 adopted to be effective July 8, 2021, 46 TexReg 3880

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