| (II) "has successfully completed training that meets
the requirements of the Texas Asbestos Health Protection rules" (applicable
to the Asbestos Air Monitoring Technician course or the Texas Asbestos
Law and Rules course);
(R) a sample of the training ID card that must be issued
to each trainee who completes the course and passes the final course
examination; the training ID card must include:
(i) the name of the asbestos training provider;
(ii) a color photo of the trainee's face (without tinted
glasses, hats, bandanas, or other articles that may obscure the head
or any part of the face) taken on a white background;
(iii) the name of the accredited person;
(iv) the discipline of the training course completed;
(v) the effective date of the accreditation; and
(vi) the unique certificate number shown on the training
certificate for the accredited person; and
(S) verifiable documentation that each asbestos training
instructor that will teach an asbestos training course and is employed
by the applicant meets the qualifications listed in subsection (h)(1)(B)
of this section.
(2) Renewal requirements. An applicant renewing a license
must submit the following:
(A) documentation as required for the initial application
in subsection (d)(1)(A) - (F) of this section;
(B) a copy of all policies, training resources, training
certificates, or training manuals that the applicant seeks approval
to amend with a detailed description of the specific changes that
must be approved by DSHS before the training provider may implement
the changes; and
(C) a list of all approved asbestos instructors and
guest speakers the training provider intends to use in the asbestos
training courses, including the courses that each instructor will
teach, proof that the accreditation of each instructor is current
and valid for each course the instructor will teach, and the topics
that each guest speaker will present.
(e) Online asbestos refresher training course. An online
asbestos refresher training course presented to a student by a licensed
asbestos training provider may be conducted if the course meets the
requirements of this subsection.
(1) Scope.
(A) For purposes of this subsection:
(i) an asynchronous online course means a course type
that can be taken at any time;
(ii) a synchronous online course means an online course
type that is taken live;
(iii) conducting an initial asbestos training course
online is prohibited; and
(iv) an online course under this section will only
be approved if it is a synchronous online course; an asynchronous
online course will not be approved.
(B) A training provider must not provide, offer, or
claim to provide an online refresher course without applying for and
receiving approval from DSHS as required under this subsection.
(C) An application for an online course must be submitted
separately from an application for approval for an in-person refresher
course.
(D) A licensed training provider may apply for approval
to conduct an online asbestos refresher course that the training provider
is approved to teach in-person.
(2) Online refresher course requirements. A training
provider that offers an online course must have a system in place
that:
(A) authenticates the identity of the student taking
the training and their eligibility to enroll in the course to deter
fraud and falsification of student identity;
(B) uses encryption technology to protect sensitive
user information;
(C) ensures that the student is focusing on the training
material throughout the entire training period, such as a strong interactive
component to ensure continued student focus through discussion between
the student and approved instructor or approved guest speaker, or
interactive video clips, or both;
(D) monitors and records a student's actual time spent
online, including applicable breaks;
(E) allows the student to ask questions of an approved
instructor or approved guest speaker and allows the instructor or
guest speaker to provide a response to the student's question during
the course;
(F) provides technical support to the student during
the course to address any technical issue as soon as possible but
no later than the end of the course day, and if a student is inadvertently
logged out of an online session due to a technical issue, the student
must be given credit for the portion of the course completed and be
required to make-up the portion of the course missed;
(G) reduces the opportunity for document fraud by providing
a distinct course certificate that contains all the requirements of
subsection (d)(1)(Q) of this section and specifies the course type
and that the course is online; and
(H) provides DSHS unrestricted access to an online
course for auditing purposes at no charge at any time the course is
being given.
(3) Approval requirements.
(A) A licensed training provider must submit an application
for approval of an online course to DSHS that includes, in addition
to the requirements of subsection (d)(2) of this section and §296.73
of this chapter, the following:
(i) that the application is for an online asbestos
refresher course;
(ii) the type and discipline of the course;
(iii) documentation of the systems in place required
by paragraph (2) of this subsection;
(iv) a technical support plan that describes potential
technical issues that may occur and how the issues will be immediately
handled; and
(v) a description of the method used to verify student's
attendance as required in paragraph (4)(B) of this subsection.
(B) Upon receipt of a complete application and the
required application fee, DSHS will issue the training provider contingent
course approval. DSHS will conduct an audit of the online course.
If DSHS finds that the course:
(i) meets the requirements of this chapter, DSHS will
remove the contingent course approval status within 45 days of the
course audit.
(ii) does not meet the requirements of this chapter,
DSHS will issue a deficiency notice within 45 days of the course audit.
(I) If the training provider does not submit the corrections
identified in the deficiency notice, if applicable, and request a
second audit by the deadline provided in the deficiency notice, DSHS
will issue a notice of withdrawal of contingent approval of the training
course.
(II) A training provider may request two audits to
remove the contingent course status.
(III) If the training provider fails to meet the requirements
of this chapter after the third audit, DSHS will issue a notice of
withdrawal of contingent approval of the training course and the training
provider must reapply for approval of the course.
(C) If approved by DSHS to conduct online training,
the training provider must clearly identify that the course is approved
by DSHS when advertising or registering a student for the course.
(4) Additional notification, course, and roster requirements.
(A) The course type must be submitted with the course
notification.
(B) Training instructors must:
(i) view each student during the course to ensure student
focus;
(ii) validate student identity during registration
and after each break and lunch period; and
(iii) have at least one support staff member assist
the instructor to monitor online students during an in-person course
that is also being presented online.
(C) The group photograph may include multiple frames
or photographs, if a single group photograph is not feasible, to meet
the requirement of subsection (b)(2)(Q)(iv) of this section.
(5) Recordkeeping requirements. A licensed training
provider that is approved to administer an online course is subject
to the following additional recordkeeping requirements.
(A) Student identity authentication and verification
data.
(B) Student online time tracking data.
(C) Training instructor, guest speaker, and technical
support contact data.
(6) Disciplinary action.
(A) For purposes of license or registration renewal,
DSHS will not accept certificates from an online course that was not
approved by DSHS.
(B) Failure to obtain approval before conducting an
online course and failure to meet the requirements of this subsection
may result in disciplinary action against the licensed training provider.
Cont'd... |
