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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

    (G) reduces the opportunity for document fraud by providing a distinct course certificate that contains all the requirements of subsection (d)(1)(Q) of this section and specifies the course type and that the course is online; and

    (H) provides DSHS unrestricted access to an online course for auditing purposes at no charge at any time the course is being given.

  (3) Approval requirements.

    (A) A licensed training provider must submit an application for approval of an online course to DSHS that includes, in addition to the requirements of subsection (d)(2) of this section and §296.73 of this chapter, the following:

      (i) that the application is for an online asbestos refresher course;

      (ii) the type and discipline of the course;

      (iii) documentation of the systems in place required by paragraph (2) of this subsection;

      (iv) a technical support plan that describes potential technical issues that may occur and how the issues will be immediately handled; and

      (v) a description of the method used to verify student's attendance as required in paragraph (4)(B) of this subsection.

    (B) Upon receipt of a complete application and the required application fee, DSHS will issue the training provider contingent course approval. DSHS will conduct an audit of the online course. If DSHS finds that the course:

      (i) meets the requirements of this chapter, DSHS will remove the contingent course approval status within 45 days of the course audit.

      (ii) does not meet the requirements of this chapter, DSHS will issue a deficiency notice within 45 days of the course audit.

        (I) If the training provider does not submit the corrections identified in the deficiency notice, if applicable, and request a second audit by the deadline provided in the deficiency notice, DSHS will issue a notice of withdrawal of contingent approval of the training course.

        (II) A training provider may request two audits to remove the contingent course status.

        (III) If the training provider fails to meet the requirements of this chapter after the third audit, DSHS will issue a notice of withdrawal of contingent approval of the training course and the training provider must reapply for approval of the course.

    (C) If approved by DSHS to conduct online training, the training provider must clearly identify that the course is approved by DSHS when advertising or registering a student for the course.

  (4) Additional notification, course, and roster requirements.

    (A) The course type must be submitted with the course notification.

    (B) Training instructors must:

      (i) view each student during the course to ensure student focus;

      (ii) validate student identity during registration and after each break and lunch period; and

      (iii) have at least one support staff member assist the instructor to monitor online students during an in-person course that is also being presented online.

    (C) The group photograph may include multiple frames or photographs, if a single group photograph is not feasible, to meet the requirement of subsection (b)(2)(Q)(iv) of this section.

  (5) Recordkeeping requirements. A licensed training provider that is approved to administer an online course is subject to the following additional recordkeeping requirements.

    (A) Student identity authentication and verification data.

    (B) Student online time tracking data.

    (C) Training instructor, guest speaker, and technical support contact data.

  (6) Disciplinary action.

    (A) For purposes of license or registration renewal, DSHS will not accept certificates from an online course that was not approved by DSHS.

    (B) Failure to obtain approval before conducting an online course and failure to meet the requirements of this subsection may result in disciplinary action against the licensed training provider.

    (C) DSHS will withdraw course approval if the training provider fails to meet the requirements of this subsection.

(f) Approval of additional training courses.

  (1) A licensed training provider must request approval to provide any additional training course that was not submitted as part of the initial application for the training provider's license. To apply for approval, the training provider must submit:

    (A) an Asbestos Course Approval Application for each course;

    (B) the fee as outlined in §296.91 of this chapter (relating to Fees);

    (C) student training manuals, instructor notebooks, handouts, and related course materials, including all required elements listed in §296.73 of this chapter for each initial and refresher training course to be offered; and

      (i) if the applicant will provide the Asbestos Abatement Worker course in a language other than English, the training manuals and all related course materials must be submitted in each language in which the course will be offered; and

      (ii) if the applicant will use an EPA-developed manual, the applicant may submit a statement attesting to its use in place of submitting the manual;

    (D) a detailed course outline for each day that includes start and end times for each topic covered, scheduled break times, and specific hands-on training activities for each course;

    (E) a copy of each required examination that will be administered at the end of each course and if the applicant will provide the Asbestos Abatement Worker course in a language other than English, examinations must be submitted in each language in which the course will be offered;

    (F) the name of the approved asbestos instructor who will teach each additional course; and

    (G) the name of any guest speaker and the speaker's topics along with the completed asbestos guest speaker approval application form, as required in subsection (i) of this section.

  (2) DSHS will provide written notice to the licensed training provider whether DSHS grants approval of the additional course. Training providers must not add the additional training course to their schedule, advertise, accept payment for, or conduct the course without approval by DSHS.

(g) Training providers licensed before the effective date of this section. A training provider that is licensed before the effective date of this section must submit any updated training material to DSHS and receive approval six months after the effective date of this section or with the license renewal application, whichever is later, in order to continue teaching the course.

(h) Asbestos training instructor approval, qualifications, responsibilities, and withdrawal of approval.

  (1) Asbestos training instructor approval and qualifications.

    (A) DSHS must approve an asbestos training instructor to teach an asbestos training course.

    (B) An asbestos training instructor must meet the following qualifications to teach an asbestos training course.

      (i) An asbestos training instructor must have one of the following combinations of education and work experience, as described in §296.41(b)(2) of this chapter (relating to License and Registration Requirements):

        (I) a bachelor's degree in a natural or physical science;

        (II) a bachelor's degree with at least six months of experience performing asbestos-related activities with any required license or accreditation;

        (III) an associate's degree or successful completion of 60 college credit hours with at least one year of experience performing asbestos-related activities; or

        (IV) a high school diploma or equivalent with at least two years of experience performing asbestos-related activities with any required licensure or accreditation.

      (ii) An asbestos training instructor must have the following teaching experience:

        (I) at least three months of teaching experience at the secondary or post-secondary education level;

        (II) at least three months of teaching adult learners at a vocational school, trade school, or equivalent formal educational or professional setting as approved by DSHS; or

        (III) successful completion of a train-the-trainer course approved by DSHS.

    (C) Acceptable documentation of the relevant education, work, and teaching experience, as described in subparagraph (B)(i) and (ii) of this paragraph must include each of the following or an equivalent alternative approved by DSHS:

      (i) an official academic transcript or diploma that verifies the major;

      (ii) a description of experience performing asbestos-related activities including:

Cont'd...

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