(a) Forensic analysis/recognized accreditation. This
section describes the forensic disciplines for which accreditation
by an accrediting body recognized by the Commission is required by
Article 38.01, Code of Criminal Procedure and for which licensing
is therefore also required.
(b) By discipline. An individual may apply to the Commission
for a Forensic Analyst License for one or more of the disciplines
set forth in this section. The specific requirements for obtaining
a license in any of the following disciplines may differ depending
upon the categories of analysis within the discipline for which the
individual is qualified to perform independent casework as set forth
in §651.207 of this subchapter (relating to Forensic Analyst
Licensing Requirements Including License Term, Fee and Procedure for
Denial of Application and Reconsideration). An individual's license
shall designate the category or categories of licensure for which
the individual has been approved for independent casework and for
which the individual has met the requirements set forth in §651.207
of this subchapter as follows:
(1) Seized Drugs. Categories of analysis may include
one or more of the following: qualitative determination, quantitative
measurement, weight measurement, and volume measurement; Categories
of Licensure: Seized Drugs Analyst; Seized Drugs Technician;
(2) Toxicology. Categories of analysis may include
one or more of the following: qualitative determination and quantitative
measurement; Categories of Licensure: Toxicology Analyst Alcohol only
(Non-interpretive); Toxicology Analyst (General, Non-interpretive);
Toxicologist (Interpretive); Toxicology Technician;
(3) Forensic Biology. Categories of analysis may include
one or more of the following: DNA-STR, DNA-YSTR, DNA-Mitochondrial,
DNA-massively parallel sequencing, body fluid identification, relationship
testing, microbiology, individual characteristic database, and nucleic
acids other than human DNA; Categories of Licensure: DNA Analyst;
Forensic Biology Screening Analyst; Analyst of Nucleic Acids other
than Human DNA; Forensic Biology Technician;
(4) Firearms/Toolmarks. Categories of analysis may
include one or more of the following: physical comparison, determination
of functionality, length measurement, trigger pull force measurement,
qualitative chemical determination, distance determination, ejection
pattern determination, product (make/model) determination; Categories
of Licensure: Firearms/Toolmarks Analyst; Firearms/Toolmarks Technician;
(5) Materials (Trace). Categories of analysis may include
one or more of the following: physical determination, chemical determination,
chemical comparison, product (make/model) determination, gunshot residue
analysis, footwear and tire tread analysis, and fire debris and explosives
analysis (qualitative determination); Categories of Licensure: Materials
(Trace) Analyst; Materials (Trace) Technician.
(c) Cross-disciplines. A laboratory may choose to assign
a particular discipline or category of analysis to a different administrative
section or unit in the laboratory than the designation set forth in
this subchapter. Though an individual may perform a category of analysis
under a different administrative section or unit in the laboratory,
the individual still shall comply with the requirements for the discipline
or category of analysis as outlined in this subchapter.
(d) Analysts and Technicians Performing Forensic Analysis
on Behalf of the United States Government. Any forensic analyst or
technician who performs forensic analysis on behalf of a publicly
funded laboratory or law enforcement entity operating under the authority
of the United States Government is deemed licensed to perform forensic
analysis in Texas for purposes of this subchapter.
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Source Note: The provisions of this §651.203 adopted to be effective May 16, 2018, 43 TexReg 3106; amended to be effective November 25, 2018, 43 TexReg 7559; amended to be effective September 15, 2019, 44 TexReg 4875; amended to be effective April 5, 2020, 45 TexReg 2318; amended to be effective April 16, 2023, 48 TexReg 1968; amended to be effective July 23, 2023, 48 TexReg 3994 |