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TITLE 25HEALTH SERVICES
PART 1DEPARTMENT OF STATE HEALTH SERVICES
CHAPTER 296TEXAS ASBESTOS HEALTH PROTECTION
SUBCHAPTER DLICENSE AND REGISTRATION
RULE §296.46Initial and Renewal Licensing Requirements for an Individual

      (i) participation in the development of at least five management plans as a licensed asbestos management planner (during previous Texas of out-of-state licensure), or a licensed asbestos consultant or within immediate proximity and under the in-person and direct supervision of a licensed asbestos management planner or a licensed asbestos consultant, and work experience must have been gained after completion of the Asbestos Management Planner course as described in §296.73 of this chapter;

      (ii) participation in conducting five asbestos surveys, including development of asbestos survey reports, as a licensed inspector or licensed asbestos consultant or within the immediate proximity and under the in-person and direct supervision of a licensed inspector, licensed management planner, or licensed asbestos consultant, and work experience must have been gained after completion of the Asbestos Inspector course as described in §296.73 of this chapter; and

      (iii) to meet the work experience requirements under clauses (i) and (ii) of this subparagraph, work experience participating in an asbestos survey and then participating in the development of the management plan using that asbestos survey during the same project may be used to satisfy one management plan and one asbestos survey requirement;

    (F) an asbestos consultant--one of the following combinations of professional or educational achievement and work experience gained after completion of any training that is required to perform the applicable asbestos-related activity and performed while the training is current:

      (i) current status as a Texas-registered architect or a Texas-licensed professional engineer combined with at least 180 days of work experience performing asbestos-related activities in public buildings, in accordance with applicable law in effect at the time of the work experience and gained within the past four years; the asbestos-related work experience:

        (I) must include the following:

          (-a-) developing at least six specifications and plans within the immediate proximity and under the in-person and direct supervision of a licensed asbestos consultant;

          (-b-) conducting at least three asbestos surveys that include collecting bulk samples as a licensed asbestos inspector or licensed asbestos management planner or within the immediate proximity and under the in-person and direct supervision of a licensed asbestos inspector, licensed asbestos management planner, or licensed asbestos consultant;

          (-c-) performing project monitoring for at least 10 days within the immediate proximity and under the in-person and direct supervision of a licensed asbestos project manager, licensed AMT/PM, or consultant;

          (-d-) performing air monitoring for at least 10 days within the immediate proximity and under the in-person and direct supervision of a licensed air monitoring technician, licensed AMT/PM, or a licensed asbestos consultant; and

          (-e-) to meet the work experience requirements under items (-c-) and (-d-) of this subclause, work experience performing project monitoring and air monitoring during the same project may be used to satisfy the project monitoring and air monitoring work experience requirement;

        (II) may include any of the following:

          (-a-) developing one or more management plans as a licensed management planner or within the immediate proximity and under the in-person and direct supervision of a licensed asbestos management planner or licensed asbestos consultant;

          (-b-) working as a licensed asbestos abatement supervisor; or

          (-c-) working as a registered asbestos abatement worker, that may qualify for no more than 30 days of the required work experience; or

      (ii) a bachelor's degree in architecture, engineering, or a physical or natural science from an accredited college or university combined with the following work experience:

        (I) two years of work experience in an environmental field or in occupational health; and

        (II) at least 180 days of work experience performing asbestos-related activities in public buildings, in accordance with applicable law in effect at the time of the work experience and gained within the past four years; the asbestos-related experience must meet the requirements of clause (i)(I) and (II) of this subparagraph; or

      (iii) completion of 60 college credit hours from an accredited college or university, including 30 credit hours in engineering or natural or physical science and 9 credit hours in mathematics, combined with the following work experience:

        (I) three years of work experience in an environmental field or in occupational health, and

        (II) at least 250 days of work experience performing asbestos-related activities in public buildings, in accordance with applicable law in effect at the time of the work experience and gained within the past four years, and the asbestos-related work experience must meet the requirements of clause (i)(I) and (II) of this subparagraph and in addition, the applicant must provide a letter of recommendation from a supervising licensed asbestos consultant; and

    (G) an asbestos project manager--at least 15 days of verifiable qualifying work experience on at least three asbestos abatement projects gained within the past 24 months that includes any combination of qualifying work experience from one or more of the following categories, as needed to fulfill the requirements:

      (i) work experience as a licensed asbestos abatement worker, licensed asbestos abatement supervisor, licensed asbestos consultant, or licensed air monitoring technician during previous Texas or out-of-state licensure, or as a licensed AMT/PM, or licensed project manager during previous Texas licensure;

      (ii) work experience as a MAP-accredited asbestos abatement worker, asbestos abatement supervisor, asbestos project monitor, or asbestos project designer, in Texas or another state; and

        (I) work experience must consist of activities for which either no Texas license or license in another state was required, or for which the applicant held the required license; and

        (II) work experience must have been gained while accreditation was current in accordance with the MAP; or

      (iii) work experience performing project monitoring within immediate proximity and under the in-person and direct supervision of a licensed AMT/PM, asbestos consultant, or asbestos project manager working for a licensed laboratory or asbestos consultant agency, and work experience must have been gained after completion of training required for licensure as an asbestos project manager under this chapter.

  (7) Proof of the following education requirements for:

    (A) an asbestos inspector, asbestos air monitoring technician, AMT/PM, or asbestos project manager--a high school diploma or equivalent;

    (B) an asbestos management planner--an associate's degree or successful completion of a minimum of 60 credit hours from an accredited college or university; or

    (C) an asbestos consultant--the education requirements set forth in subparagraph (6)(F) of this subsection.

  (8) Proof of insurance coverage requirements for an asbestos inspector, asbestos management planner, and asbestos consultant--professional liability insurance coverage for errors and omissions individually or under the licensee's employer policy if performing work for hire, in accordance with §1954.105(c) of the Act and as required in §296.45 of this chapter (relating to Insurance Requirements).

(c) Renewal requirements. An applicant renewing a license must submit the documentation as required for the initial application in subsection (b)(1)-(4) of this section and, if applicable, subsection (b)(8) of this section.

(d) Qualification renewal requirements. Licensees must not allow required qualifications (such as accreditation, DSHS's Physician's Written Statement form, or insurance requirements) to expire and continue to work as a licensee.

(e) Examination not required.

  (1) A licensed consultant is not required to take a state examination to obtain an asbestos inspector, asbestos air monitoring technician, AMT/PM, or asbestos management planner licenses.

  (2) A licensed management planner is not required to take a state examination to obtain an inspector license.

  (3) A licensed AMT/PM is not required to take a state examination to obtain an asbestos air monitoring license.


Source Note: The provisions of this §296.46 adopted to be effective July 8, 2021, 46 TexReg 3880

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