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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

(a) License required. A person must be licensed as an asbestos training provider to offer training to an individual who seeks MAP accreditation or a DSHS license.

(b) Licensee scope of practice.

  (1) Licensee practice and limitations.

    (A) A licensed asbestos training provider may offer, schedule, and conduct any of the following courses for which the provider has received DSHS approval:

      (i) one or more asbestos training courses designed to meet accreditation requirements in accordance with the MAP;

      (ii) the Asbestos Air Monitoring Technician course, as required in §296.73 of this chapter (relating to Asbestos Training Courses); and

      (iii) the Texas Asbestos Law and Rules course, as required in §296.73 of this chapter.

    (B) An asbestos training provider must not:

      (i) allow instructors to self-train in order to qualify for approval under subsection (f) of this section or accreditation;

      (ii) combine course disciplines, hands-on training sessions, or other aspects of two courses, such as the Asbestos Abatement Worker course and the Asbestos Contractor/Supervisor course, that must not be taught in a combined course;

      (iii) combine an initial training course with a refresher training course;

      (iv) combine an Asbestos Abatement Worker course taught in one language with an Asbestos Abatement Worker course taught in another language;

      (v) allow an instructor to teach the Asbestos Abatement Worker course in a language other than English unless the instructor can speak, read, and write effectively in that language;

      (vi) allow a guest speaker to present more than 15% of a course; or

      (vii) allow an unapproved instructor to teach an asbestos training course.

  (2) Licensee responsibilities. An asbestos training provider may be held responsible for a violation under this chapter by its employees or the responsible person. An asbestos training provider must:

    (A) require the responsible person to:

      (i) oversee the operations for the asbestos training provider activities; and

      (ii) comply with the applicable requirements of this chapter;

    (B) require that its responsible person and any employee who performs an activity on behalf of the asbestos training provider comply with all applicable:

      (i) responsibilities for approved asbestos training instructors, as required in subsection (f) of this section; and

      (ii) requirements of this chapter;

    (C) provide for the course training equipment to be on-site and in proper working order;

    (D) provide for training in an environment that is conducive to learning and without excessive or avoidable external distractions and must:

      (i) not utilize a classroom for other purposes while training is being conducted; and

      (ii) only use facilities that have the following:

        (I) adequate lighting;

        (II) adequate seating and workspace for each trainee;

        (III) a climate-controlled environment in all areas used for training; and

        (IV) clean restrooms that are readily accessible and in proper working order;

    (E) provide training taught by only asbestos training instructors who:

      (i) are approved by DSHS to teach the course; and

      (ii) possess current accreditation or training for the course being taught;

    (F) ensure that each approved asbestos training instructor employed by the asbestos training provider:

      (i) presents all course materials as outlined in the syllabus and as presented to DSHS for approval;

      (ii) provides a course review to improve comprehension before administering the course examination; and

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

    (G) comply with course notification requirements in subsection (c) of this section;

    (H) specify in promotional materials the course prerequisites for admission, the content of the course and requirements for successful completion;

    (I) comply with requirements for each asbestos training course for which the asbestos training provider is licensed, as required in §296.73 of this chapter, including requiring and verifying that:

      (i) the number of trainees does not exceed the applicable trainee-to-instructor ratio; and

      (ii) a trainee who has not met attendance standards or who has not passed the required final examination is not issued a training certificate;

    (J) confirm that each trainee possesses current accreditation or is within the 12-month grace period before granting the trainee admission to a refresher training course;

    (K) inform each prospective trainee, in the language of the course being taught, of the following:

      (i) that requirements and qualifications apply to each category of license being sought under this chapter and that more information can be found on the DSHS website;

      (ii) that, to maintain accreditation, refresher training must be taken before the accreditation expiration date, including:

        (I) a 12-month grace period after the accreditation expiration date to take the refresher training course to renew the accreditation during which time an individual must not perform any activity for which accreditation is required until the refresher training course is successfully completed and the accreditation is renewed; and

        (II) that if the accreditation is not timely renewed within the 12-month grace period, the initial training must be completed again in order to obtain accreditation; and

      (iii) that a trainee may not complete the course if the trainee misses more than 10% of a training course;

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

    (M) record each trainee's examination score;

    (N) maintain security of all training certificates to ensure that trainees do not have access to the certificates until successful completion of the course;

    (O) at the conclusion of each training course, issue a training certificate that meets the requirements in subsection (d)(1)(Q) of this section to each trainee who has completed the course and passed the required final examination;

    (P) at the conclusion of each training course, issue a wallet-size photograph identification (ID) card that meets the requirements in subsection (d)(1)(R) of this section to each trainee who has completed the course and passed the required examination;

    (Q) submit a training course roster to DSHS within 10 working days after the completion date of each course, including:

      (i) the name of each trainee;

      (ii) the unique identifier of each trainee that is determined by the asbestos training provider;

      (iii) specification of successful or unsuccessful course completion for each trainee; and

      (iv) an attached color group photograph of all trainees who successfully completed the course that is:

        (I) taken at the end of the training course; and

        (II) of sufficient size and clarity to identify each trainee;

    (R) report a change of the responsible person in writing to DSHS within 10 working days after the change;

    (S) permit DSHS representatives to observe, evaluate, and monitor any training course;

    (T) cooperate with DSHS personnel during any inspection or investigation, as required in §296.271 of this chapter (relating to Inspections and Investigations); and

    (U) comply with recordkeeping requirements, as required in §296.291 of this chapter (relating to Recordkeeping).

(c) Course notification requirements.

  (1) Course notifications. An asbestos training provider must notify DSHS of each scheduled course. DSHS must receive the notification at least 10 working days before the start date of the course. A notification may include multiple courses. The notification must include:

    (A) the name, license number, and contact phone number of the asbestos training provider;

    (B) the name, and contact phone number of the asbestos training instructor;

    (C) the name of the course, and for the Asbestos Abatement Worker course, the language that the course is conducted in specified in the course name;

    (D) the physical location (address and room number or name of the conference room) where the training will be held, including all off-site field trip locations;

    (E) the start and end dates for the training course; and

    (F) the start and end times for each day of training.

  (2) Amendments.

    (A) Notified courses must be amended by notifying DSHS by email or fax at least two working days before the start date of the course of the following course changes:

      (i) instructor, unless an alternate approved instructor that meets the qualifications to teach the course is provided with the course notification as required in paragraph (1)(A) of this subsection;

      (ii) location;

      (iii) time;

      (iv) date; and

      (v) language of the asbestos abatement worker course.

    (B) Amendments are not accepted for changes in course discipline.

    (C) Notified courses must not be amended fewer than two working days before the start date of the course and must be cancelled if not timely amended as soon as possible, but no later than two hours after the scheduled start time.

  (3) Emergency notifications. A training provider may request emergency approval of a course if unforeseen circumstances prevent the asbestos training provider from meeting the 10-working-day notification requirement. The emergency notification must be submitted to DSHS by email or fax and must include a justification of why the 10-working-day notification requirement could not be met and must contain the information required in subsection (c)(1)(A) - (F) of this section. The emergency notification must be submitted at least three working days before the start date of the course. The training provider must receive written approval from DSHS before conducting the course.

  (4) Cancellation notifications. A training provider must notify DSHS of a course cancellation by email or fax as soon as possible, but no later than two hours after the scheduled start time of the course.

(d) Initial and renewal license requirements. To receive or renew a license as required in this section, an applicant must submit a completed application, as required in §296.42 of this chapter (relating to Initial and Renewal Applications) and the documentation required in this section. An out-of-state applicant must comply with §296.44 of this chapter (relating to Out-of-State Applicants).

  (1) Initial requirements. An applicant for an initial license must submit the following:

    (A) in relation to the applicant's franchise tax account status, whichever applies:

      (i) a certificate of account status from the Texas Comptroller of Public Accounts regarding the applicant's franchise tax account status, if the applicant is a taxable entity, as defined in Texas Tax Code §171.0002; or

      (ii) documentation that the applicant is not a taxable entity or is otherwise not subject to or exempt from franchise tax; and

      (iii) any verification relating to clause (i) or (ii) of this subparagraph that is requested by DSHS;

    (B) a copy of the applicant's assumed name certificate, with proof of required filing, if the applicant transacts business or renders professional services under an assumed name (commonly referred to as a DBA or "doing business as");

    (C) if the applicant is an entity, as defined in Texas Business Organizations Code §1.002:

      (i) documentation issued by the Secretary of State that verifies:

        (I) a domestic entity's existence; or

        (II) a foreign entity's registration and authorization to conduct business in Texas; or

      (ii) if the applicant is a foreign entity to which §296.44(d) of this chapter applies, the applicant must submit a sworn affidavit that meets the requirements of that subsection;

    (D) if the applicant is a nonfiling entity or a foreign nonfiling entity, as those terms are defined in Texas Business Organizations Code §1.002, documentation of that status on the application and any verification of that status that is requested by DSHS;

    (E) a taxpayer identification number;

    (F) the applicant's Texas sales tax permit number from the Texas Comptroller of Public Accounts, if applicable;

    (G) the name and mailing address of each principal owner;

    (H) a list of each course to be offered that includes the name of each asbestos instructor that will teach each course;

Cont'd...

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