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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

        (I) the project name and location;

        (II) the start and end date;

        (III) a description of duties performed; and

        (IV) the name and contact information of the individual or office that can verify the experience;

      (iii) a description of the applicant's teaching experience including:

        (I) the course title and description;

        (II) the start and end date;

        (III) the location or institution; and

        (IV) the name and contact information of the individual or office that can verify the teaching experience; and

      (iv) proof of licensure or accreditation or both; and

    (D) training certificates for the initial asbestos training courses and all subsequent refresher training courses to show current accreditation under §296.73 of this chapter for each course the instructor will teach, if applicable.

  (2) Approved training instructor scope of practice.

    (A) Approved training instructor practice and limitations.

      (i) An asbestos training instructor must:

        (I) teach only DSHS-approved asbestos training courses for which the instructor holds current MAP accreditation, for an Asbestos Air Monitoring Technician (AMT) course, holds a Texas AMT training certificate, or if only teaching the Texas Asbestos Law and Rules course, holds a Texas Asbestos Law and Rules training certificate;

        (II) teach each DSHS-approved asbestos training course in accordance with the MAP and as required in this subchapter;

        (III) be able to read, write, and communicate in the language that the course is taught; and

        (IV) be employed by a licensed training provider.

      (ii) An approved asbestos training instructor must not:

        (I) teach a course for accreditation under the MAP or a course required for a license from DSHS if notification has not been submitted to DSHS, in accordance with subsection (c) of this section; or

        (II) self-train in order to qualify to teach a training course or qualify for a license or accreditation.

    (B) Approved asbestos training instructor responsibilities. An asbestos training instructor must:

      (i) coordinate with the responsible person to verify that there is documented confirmation that:

        (I) each trainee possesses current accreditation, or is within the 12-month grace period for accreditation renewal, before granting admission to a refresher training course;

        (II) necessary training equipment is on-site and in good working order; and

        (III) the number of trainees does not exceed the applicable trainee-to-instructor ratio, as required in §296.73(a)(8) of this chapter;

      (ii) confirm with each trainee that the training provider has informed the trainee of each required information item, as required in subsection (b)(2)(K) of this section;

      (iii) inform each trainee of the following:

        (I) for an initial training course, each trainee must achieve a score of at least 70% on the course examination to receive a training certificate;

        (II) if a trainee fails the course examination, a second examination will be administered; and

        (III) a trainee must retake the initial training course if the trainee does not achieve a score of at least 70% on the second examination;

      (iv) comply with requirements for training courses, as required in §296.73 of this chapter;

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

      (vi) implement and enforce attendance and course completion requirements;

      (vii) take an attendance record at the beginning of each four-hour segment of course instruction;

      (viii) document a trainee's absence from the course on the attendance record;

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

      (x) provide a course review to improve and reinforce comprehension before administering the examination;

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

      (xii) administer one re-examination to each trainee who fails the first examination, as required under the policy and practices required under subsection (d)(1)(O) of this section;

      (xiii) record each trainee's examination score;

      (xiv) provide attendance records to the training provider upon completion of each course; and

      (xv) cooperate with DSHS personnel during inspections, audits, and investigations, as required in §296.271 of this chapter.

  (3) Withdrawal of instructor approval. DSHS may withdraw instructor approval if the instructor does not meet the requirements in this subsection, does not provide training that meets the requirements of the MAP or this chapter, or no longer possesses valid or current qualifications.

  (4) Instructors approved before the effective date of this section. An instructor who is approved to teach before the effective date of this section does not need to meet additional education, work experience, and teaching experience required under subsection (h)(1)(B) of this section that was not required when the instructor was approved and does not need to resubmit documents for approval. A certificate for the Texas Law and Rules course is not required to teach that course until six months after the effective date of this section. If, within six months after the effective date of this section, the instructor has not received a certificate for the Texas Law and Rules course, the instructor may not continue teaching under the instructor's prior approval. Any future instructor approval will be subject to the education, work experience, and teaching experience otherwise required under this section.

(i) Guest speaker approval and withdrawal of approval.

  (1) Approval. Prior approval of a guest speaker is required. A guest speaker may be used to supplement and enhance learning objectives but must not present more than 15% of any course. A guest speaker must have knowledge based on education, research, or experience in a particular area of study related to the course content being taught. Training providers seeking approval for a guest speaker must submit a completed Asbestos Guest Speaker Approval Application Form and sufficient documentation to show the person's knowledge, experience, and expertise. Acceptable documentation may include:

    (A) official copies of any applicable academic transcript or diploma specifying the guest speaker's major;

    (B) technical experience;

    (C) a verifiable resume; and

    (D) relevant, verifiable work experience, as described in §296.41(b)(2) of this chapter (relating to License and Registration Requirements).

  (2) Withdrawal of guest speaker approval. DSHS may withdraw guest speaker approval if the guest speaker is not providing training that meets the requirements of the MAP or this chapter or if the guest speaker's qualifications are no longer valid or current.


Source Note: The provisions of this §296.71 adopted to be effective July 8, 2021, 46 TexReg 3880

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