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TITLE 25HEALTH SERVICES
PART 1DEPARTMENT OF STATE HEALTH SERVICES
CHAPTER 295OCCUPATIONAL HEALTH
SUBCHAPTER CTEXAS ASBESTOS HEALTH PROTECTION
RULE §295.54Licensure: Asbestos Laboratory

(a) Licensing requirement. A person must be licensed in compliance with the provisions of this section to provide polarized-light microscopy (PLM), phase contrast microscopy (PCM), or transmission electron microscopy (TEM) analysis of bulk or air samples collected in public buildings. Branch offices, which perform laboratory analysis, must fulfill the same equipment and operational standards as the main office which has been licensed, and must be separately licensed and accredited in accordance with subsection (d) of this section for the type of analysis they will be performing. The license may not be transferred to another company which has bought the licensed laboratory. A new license must be applied for within 60 days of change of ownership. Laboratories which change their name must notify the department within 60 days of the change, send a processing fee of $20 and a name change application. An applicant desiring to be an asbestos laboratory shall designate one or more individuals as their responsible persons, who shall have responsibility for the asbestos activity.

(b) Fee. The fee for a two-year license term is $430.

(c) Applications and renewals. Applications shall be submitted as required by §295.38 of this title (relating to Licensing and Registrations: Applications and Renewals). Out-of-state applicants must comply with §295.39 of this title (relating to Licensing and Registration: Out-of-State Applicants).

(d) Laboratory accreditation and proficiency. To be eligible for licensure, applicants must submit evidences of accreditation or proficiency of at least one of the following:

  (1) accreditation by the National Voluntary Laboratory Accreditation Program (NVLAP) for bulk analysis by polarized-light microscopy;

  (2) accreditation by the NVLAP for analysis of airborne asbestos by transmission electron microscopy;

  (3) accreditation as an industrial hygiene laboratory by the American Industrial Hygiene Association (AIHA) and participation in the Proficiency Analytical Testing (PAT) program for analysis of airborne fibers by phase-contrast microscopy (PCM);

  (4) proficiency according to the standards of the AIHA PAT Program, which includes quarterly proficiency testing for airborne fibers by PCM and a quality assurance/quality control program as required by the NIOSH method 7400, issue 2, August 1994; or

  (5) accreditation of the individual laboratory analysts through the AIHA Asbestos Analyst Registry (AAR) and a quality assurance/quality control program as required by the NIOSH method 7400, issue 2, August 1994.

(e) Limitations. Limits which are placed on the type of services that an asbestos laboratory can perform are as follows.

  (1) A laboratory may analyze bulk samples only if so accredited by NVLAP.

  (2) A laboratory may analyze samples by transmission electron microscopy (TEM) only if accredited by NVLAP.

  (3) A laboratory enrolled in the AIHA PAT program may perform phase-contrast microscopy analysis under controlled laboratory conditions or under field conditions, if quality-control analysis is performed on at least 10% of the samples analyzed. Records must be kept in the laboratory indicating which samples were used to meet this 10% quality-control analysis. All phase-contrast analysis shall be performed by an analyst who has received National Institute for Occupational Safety and Health (NIOSH) 582 or NIOSH 582 equivalent training. The laboratory must maintain individual records for each analyst as required by NIOSH 7400 to document the individual analyst's coefficient of variation. These records must be available on site for review by the department.

(f) Qualifications. Applicants for licensing as an asbestos laboratory shall submit as applicable:

  (1) evidence of laboratory accreditation and most recently available results of PAT rounds for PCM and/or most recently available results of NVLAP sponsored proficiency tests for TEM and/or PLM in accordance with subsection (d) of this section;

  (2) if the applicant is situated outside the State of Texas, a certificate of authority issued by the Texas Secretary of State, authorizing the corporation to do business in the state; and

  (3) evidence of professional liability insurance for errors and omissions in the amount of at least $1 million when doing work for hire as required by §295.40 of this title (relating to Licensing and Registration: Insurance Requirements).


Source Note: The provisions of this §295.54 adopted to be effective October 20, 1992, 17 TexReg 6901; amended to be effective September 22, 1994, 19 TexReg 7098; amended to be effective December 13, 1998, 23 TexReg 12353; amended to be effective March 27, 2003, 28 TexReg 2549; amended to be effective January 1, 2005, 29 TexReg 11987; amended to be effective February 1, 2006, 31 TexReg 400

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