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TITLE 37PUBLIC SAFETY AND CORRECTIONS
PART 15TEXAS FORENSIC SCIENCE COMMISSION
CHAPTER 651DNA, CODIS, FORENSIC ANALYSIS, AND CRIME LABORATORIES
SUBCHAPTER CFORENSIC ANALYST LICENSING PROGRAM
RULE §651.207Forensic Analyst and Forensic Technician Licensing Requirements, Including Initial License Term and Fee, Minimum Education and Coursework, General Forensic Examination, Proficiency Monitoring and Mandatory Legal and Professional Responsibility

      (iii) designates an official university representative who will proctor and administer the exam at the university for the student.

    (C) Crime Laboratory Management and Unaccredited Forensic Discipline Exception. An Employee of a crime laboratory accredited under Texas law who is either part of the crime laboratory's administration or management team or authorized for independent casework in a forensic discipline listed below is eligible for the General Forensic Analyst Licensing Exam and Modified General Forensic Analyst Licensing Exam:

      (i) forensic anthropology;

      (ii) the location, identification, collection or preservation of physical evidence at a crime scene;

      (iii) crime scene reconstruction;

      (iv) latent print processing or examination;

      (v) digital evidence (including computer forensics, audio, or imaging);

      (vi) breath specimen testing under Transportation Code, Chapter 724, limited to analysts who perform breath alcohol calibrations; and

      (vii) document examination, including document authentication, physical comparison, and product determination.

(h) Proficiency Monitoring Requirement.

  (1) An applicant must demonstrate participation in the employing laboratory's process for intra-laboratory comparison, inter-laboratory comparison, proficiency testing, or observation-based performance monitoring requirements in compliance with and on the timeline set forth by the laboratory's accrediting body's proficiency monitoring requirements as applicable to the Forensic Analyst or Forensic Technician's specific forensic discipline and job duties.

  (2) A signed certification by the laboratory's authorized representative that the applicant has satisfied the applicable proficiency monitoring requirements, including any intra-laboratory comparison, inter-laboratory comparison, proficiency testing, or observation-based performance monitoring requirements of the laboratory's accrediting body as of the date of the analyst's application, must be provided on the Proficiency Monitoring Certification form provided by the Commission. The licensee's authorized representative must designate the specific forensic discipline in which the Forensic Analyst or Forensic Technician actively performs forensic casework or is currently authorized to perform supervised or independent casework by the laboratory or employing entity.

(i) Mandatory Legal and Professional Responsibility Course:

  (1) All Forensic Analyst and Forensic Technician License applicants must complete the current Commission-sponsored mandatory legal and professional responsibility update at the time of their application or demonstrate that they have taken the training within the 12-month period preceding the date of their application.

  (2) Mandatory legal and professional responsibility training topics may include training on current and past criminal forensic legal issues, professional responsibility and human factors, courtroom testimony, disclosure and discovery requirements under state and federal law, and other relevant topics as designated by the Commission.


Source Note: The provisions of this §651.207 adopted to be effective May 16, 2018, 43 TexReg 3106; amended to be effective December 16, 2018, 43 TexReg 7910; amended to be effective April 23, 2019, 44 TexReg 2057; amended to be effective July 15, 2019, 44 TexReg 3549; amended to be effective September 15, 2019, 44 TexReg 4875; amended to be effective April 5, 2020, 45 TexReg 2318; amended tobe effective August 26, 2020, 45 TexReg 5931; amended to be effective October 24, 2021, 46 TexReg 7076; amended tobe effective November 9, 2022, 47 TexReg 7425; amended to be effective July 23, 2023, 48 TexReg 3994; amended to be effective March 19, 2024, 49 TexReg 1498

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