| (a) Qualifications. Out-of-state applicants must comply
with all licensing qualifications that are required for Texas residents.
(b) Documentation of education, experience, training,
and medical examinations acquired out of state must be verifiable.
DSHS may approve applications with out-of-state documentation on a
case-by-case basis. If DSHS is unable to verify the documentation,
the applicant is responsible for verifying the documentation.
(c) Texas Asbestos Law and Rules course. A person applying
for an initial or renewal license or registration who did not receive
any of the required training for that license or registration from
a DSHS-licensed training provider must complete a three-hour Texas
Asbestos Law and Rules course. The Texas Asbestos Law and Rules course
must be completed within one year before DSHS receives the license
or registration application. A training course taken from a DSHS-licensed
training provider in an asbestos licensure or accreditation category
other than the one for which license or registration is sought may
substitute for the Texas Asbestos Law and Rules course.
(d) Interstate commerce. A foreign entity, as defined
in Texas Business Organizations Code §1.002, that transacts business
only in interstate commerce may qualify as not transacting business
in Texas if the entity submits a statement with its license application
that the entity engages only in interstate commerce, does not transact
business in Texas, and is not a foreign entity that is required under
Texas law to register with the Secretary of State. The statement must
be in the form of a sworn affidavit from an individual authorized
to make the statement on behalf of the entity.
(e) Formerly licensed in Texas. A person who was licensed
by DSHS, moved to another state, and is currently licensed in the
other state and has been in practice there for the two years preceding
the date of application, may obtain a new DSHS license without reexamination.
The person must pay to DSHS a fee that is equal to two times the normally
required renewal fee for the license term. The person must meet all
other qualifications applicable to the new license.
(f) Provisional license or registration. A person who
is currently licensed or registered as an asbestos abatement worker,
asbestos abatement supervisor, asbestos inspector, or asbestos management
planner in another state, including a foreign country, may request
a provisional license or registration in the same discipline.
(1) A person may receive a provisional license or registration
issued by DSHS if:
(A) the person has been licensed or registered in good
standing for at least two years in another state, including a foreign
country, that has licensing or registration requirements substantially
equivalent to the requirements in this chapter;
(B) the person has passed a national or other examination
recognized by DSHS relating to the provisional license requested;
(C) the person pays the nonrefundable provisional license
or registration fee set forth in §296.91 of this chapter (relating
to Fees); and
(D) the person is sponsored by a company that meets
the insurance requirements of §296.45 of this chapter (relating
to Insurance Requirements) with whom the person will practice during
the time the person holds a provisional license or registration. DSHS
may waive the requirement of sponsorship for an applicant if DSHS
determines that compliance with §296.45 would be a hardship to
the applicant.
(2) A provisional license or registration is valid
until the date DSHS approves or denies the provisional license or
registration holder's application for licensing or registration, or
180 days after the date the provisional license or registration is
issued, whichever comes first.
(3) A person who holds a provisional license or registration
issued in accordance with this section may apply for a license or
registration if the applicant provides documentation showing successful
completion of the Texas Asbestos Law and Rules course described in §296.73
of this chapter (relating to Asbestos Training Courses), pays the
required licensing fee in addition to the provisional license or registration
fee as outlined in §296.91 of this chapter, and meets the requirements
in §296.46 of this chapter (relating to Initial and Renewal Licensure
Requirements for an Individual), as applicable.
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