| (3) DNA Analyst. An applicant for a Forensic Analyst
License in DNA analysis must demonstrate he/she has fulfilled the
specific requirements of the Federal Bureau of Investigation's Quality
Assurance Standards for Forensic DNA Testing effective September 1,
2011. An applicant must also have a three-semester credit hour (or
equivalent) college-level statistics course from an accredited university
or a program approved by the Commission.
(4) Firearm/Toolmark Analyst. An applicant must have
a three-semester credit hour (or equivalent) college-level statistics
course from an accredited university or a program approved by the
Commission. No other specific college-level coursework is required.
(5) Materials (Trace) Analyst. An applicant for a Forensic
Analyst License in materials (trace) for one or more of the chemical
analysis categories of analysis (chemical determination, physical/chemical
comparison, gunshot residue analysis, and fire debris and explosives
analysis) must have a minimum of sixteen-semester credit hours (or
equivalent) in college-level chemistry coursework above general coursework
from an accredited university. In addition to chemistry coursework
for the chemical analysis categories, all materials (trace) license
applicants must also have a three-semester credit hour (or equivalent)
college-level statistics course from an accredited university or a
program approved by the Commission. An applicant for a Forensic Analyst
License in materials (trace) limited to impression evidence is not
required to fulfill any specific college-level coursework requirements
other than the statistics requirement.
(6) Exemptions from specific coursework requirements.
The following categories of licenses are exempted from coursework
requirements:
(A) An applicant for the technician license category
of any forensic discipline set forth in this subchapter is not required
to fulfill any specific college-level coursework requirements.
(B) An applicant for a Forensic Analyst License limited
to forensic biology screening, nucleic acids other than human DNA
and/or Forensic Biology Technician is not required to fulfill the
Federal Bureau of Investigation's Quality Assurance Standards for
Forensic DNA Testing or any other specific college-level coursework
requirements.
(e) Requirements Specific to Forensic Science Degree
Programs. For a forensic science degree to meet the Minimum Education
Requirements set forth in this section, the forensic science degree
program must be either accredited by the Forensic Science Education
Programs Accreditation Commission (FEPAC) or if not accredited by
FEPAC, it must meet the minimum curriculum requirements pertaining
to natural science core courses and specialized science courses set
forth in the FEPAC Accreditation Standards.
(f) Waiver of Specific Coursework Requirements and/or
Minimum Education Requirements for Lateral Hires, Promoting Analysts
and Current Employees. Specific coursework requirements and minimum
education requirements are considered an integral part of the licensing
process; all applicants are expected to meet the requirements of the
forensic discipline(s) for which they are applying or to offer sufficient
evidence of their qualifications as described below in the absence
of specific coursework requirements or minimum education requirements.
The Commission Director or Designee may waive one or more of the specific
coursework requirements or minimum education requirements outlined
in this section for an applicant who:
(1) has five or more years of credible experience in
an accredited laboratory in the forensic discipline for which he or
she seeks licensure; or
(2) is certified by one or more of the following nationally
recognized certification bodies in the forensic discipline for which
he or she seeks licensure;
(A) The American Board of Forensic Toxicology;
(B) The American Board of Clinical Chemistry;
(C) The American Board of Criminalistics;
(D) The International Association for Identification;
or
(E) The Association of Firearm and Toolmark Examiners;
and
(3) provides written documentation of laboratory-sponsored
training in the subject matter areas addressed by the specific coursework
requirements.
(4) An applicant must request a waiver of specific
coursework requirements and/or minimum education requirements at the
time the application is filed.
(5) An applicant requesting a waiver from specific
coursework requirements and/or minimum education requirements shall
file any additional information needed to substantiate the eligibility
for the waiver with the application. The Commission Director or Designee
shall review all elements of the application to evaluate waiver request(s)
and shall grant a waiver(s) to qualified applicants.
(g) General Forensic Analyst Licensing Exam Requirement.
(1) Exam Requirement. An applicant for a Forensic Analyst
License must pass the General Forensic Analyst Licensing Exam administered
by the Commission.
(A) An applicant is required to take and pass the General
Forensic Analyst Licensing Exam one time.
(B) An applicant may take the General Forensic Analyst
Licensing Exam no more than three times. If an applicant fails the
General Forensic Analyst Licensing Exam or the Modified General Forensic
Analyst Licensing Exam three times, the applicant has thirty (30)
days from the date the applicant receives notice of the failure to
request special dispensation from the Commission as described in subparagraph
(C) of this paragraph. Where special dispensation is granted, the
applicant has 90 days from the date he or she receives notice the
request for exam is granted to successfully complete the exam requirement.
However, for good cause shown, the Commission or its Designee at its
discretion may waive this limitation.
(C) Requests for Exam. If an applicant fails the General
Forensic Analyst Licensing Exam or Modified General Forensic Analyst
Licensing Exam three times, the applicant must request in writing
special dispensation from the Commission to take the exam more than
three times. Applicants may submit a letter of support from their
laboratory director or licensing representative and any other supporting
documentation supplemental to the written request.
(D) If an applicant sits for the General Forensic Analyst
Licensing Exam or the Modified General Forensic Analyst Licensing
Exam more than three times, the applicant must pay a $50 exam fee
each additional time the applicant sits for the exam beyond the three
initial attempts.
(E) Expiration of Provisional License if Special Dispensation
Exam Unsuccessful. If the 90-day period during which special dispensation
is granted expires before the applicant successfully completes the
exam requirement, the applicant's provisional license expires.
(2) Modified General Forensic Analyst Licensing Exam.
Technicians in any discipline set forth in this subchapter may fulfill
the General Forensic Analyst Licensing Exam requirement by taking
a modified exam administered by the Commission.
(3) Examination Requirements for Promoting Technicians.
If a technician passes the modified General Forensic Analyst Licensing
Exam and later seeks a full Forensic Analyst License, the applicant
must complete the portions of the General Forensic Analyst Exam that
were not tested on the modified exam.
(4) Credit for Pilot Exam. If an individual passes
the Pilot General Forensic Analyst Licensing Exam, regardless of his
or her eligibility status for a Forensic Analyst License at the time
the exam is taken, the candidate has fulfilled the General Forensic
Analyst Licensing Exam Requirement of this section should he or she
later become subject to the licensing requirements and eligible for
a Forensic Analyst License.
(5) Eligibility for General Forensic Analyst Licensing
Exam and Modified General Forensic Analyst Licensing Exam.
(A) Candidates for the General Forensic Analyst Licensing
Exam and Modified General Forensic Analyst Licensing Exam must be
employees of a crime laboratory accredited under Texas law or employed
by an agency rendering them eligible for a voluntary license under §651.222 (Voluntary Forensic Analyst Licensing Requirements
Including Eligibility, License Term, Fee and Procedure for Denial
of Initial Application or Renewal Application and Reconsideration) of
this subchapter to be eligible to take the exam.
(B) Student Examinee Exception. A student is eligible
for the General Forensic Analyst Licensing Exam one time if the student:
(i) is currently enrolled in an accredited university
as defined in §651.202 of this subchapter (relating to Definitions);
(ii) has completed sufficient coursework to be within
24 semester hours of completing the requirements for graduation at
the accredited university at which the student is enrolled; and
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