| (a) Licensing requirement. A person must be licensed
in compliance with the provisions of this section to engage in activities
listed under subsection (b). A person licensed under this section
is not required to be separately licensed under §78.54.
(1) Branch offices that perform mold analysis must
fulfill the same equipment and operational standards as the main office
that has been licensed and must comply with subsection (c) for the
types of analysis they will be performing.
(2) A licensed mold analysis laboratory shall:
(A) designate one or more individuals as responsible
persons;
(B) not transfer the license to any other person, including
to any company that has bought the licensed entity;
(C) apply for a name change on the license within 30
calendar days after a change in name only; and
(D) obtain a new license before performing any mold-related
activities when the transfer of a licensed person occurs.
(b) Scope. A person licensed under this section is
authorized to analyze samples collected during mold-related activities
to:
(1) determine the presence, identity, or amount of
mold present;
(2) provide any other information regarding the sample
that the submitter requests; and
(3) obtain any other information that the laboratory
deems useful.
(c) Qualifications. A person must submit documentation
showing that:
(1) the laboratory is accredited by the American Industrial
Hygiene Association under the Environmental Microbiology Laboratory
Accreditation Program (EMLAP); or
(2) the laboratory is accredited or certified by a
program deemed equivalent by the department for the preparation and
analysis of mold; or
(3) all individuals who will analyze mold samples are
certified by the Pan-American Aerobiology Certification Board or a
program deemed equivalent by the department, if the laboratory will
analyze only non-culturable samples; or
(4) all individuals who will analyze mold samples:
(A) have at least a bachelor's degree in microbiology
or biology;
(B) have successfully completed training in mold analysis
offered by the McCrone Research Institute or by a program deemed equivalent
by the department, including receiving a training certificate; and
(C) have a least three years of experience as a mold
microscopist
(5) mold analysis activity at the laboratory is overseen
by a full-time mycologist or microbiologist with:
(A) an advanced academic degree; or
(B) at least two years of experience in mold analysis.
(d) Eligibility for licensing. To obtain a mold analysis
laboratory license, a person must:
(1) comply with subsection (c);
(2) comply with the requirement for insurance coverage
under §78.40; and
(3) pay the fee required under §78.80.
(e) Applications. Unless otherwise indicated, an applicant
must submit all required information and documentation on department-approved
forms or in a manner specified by the department. In addition to fulfilling
the requirements in §78.21, an applicant must submit the following
required documentation:
(1) proof of compliance with the insurance requirement
for licensees specified in §78.40;
(2) evidence acceptable to the department that the
laboratory meets one of the qualification requirements under subsection
(c);
(3) the name, address, and occupation of each person
that has an ownership interest of 10% or more in the laboratory; and
(4) the name of each individual designated by the applicant
as a responsible person.
(f) Responsibilities. In addition to the requirements
of §78.70 and all other applicable responsibilities in this chapter,
the mold analysis laboratory shall:
(1) provide to a client, as applicable, details of
analysis methods used, amounts (percentages) analyzed, raw counts
for each genus of mold that is identified, magnification used for
counting and identifying mold, and culture media and conditions used;
(2) provide the department-issued license number of
the laboratory on its analysis reports;
(3) ensure that all individuals who will conduct mold
analysis are properly trained in analysis techniques; and
(4) maintain accreditation or certification required
under subsection (c). A licensed mold assessment laboratory that loses
the required accreditation or certification must:
(A) provide to the department written notification
of a change in accreditation or certification status within 30 calendar
days after the change; and
(B) cease providing services until the accreditation
or certification is reinstated or it otherwise comes into compliance
with subsection (c).
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