The following words and terms, when used in this subchapter,
shall have the following meanings, unless the context clearly indicates
otherwise.
(1) Forensic analyst - Means a person who on behalf
of a crime laboratory accredited under Article 38.01 §4-d, Code
of Criminal Procedure, technically reviews or performs a forensic
analysis or draws conclusions from or interprets a forensic analysis
for a court or crime laboratory. The term does not include a medical
examiner or other forensic pathologist who is a licensed physician.
(2) Forensic analysis - Has the meaning assigned by
Article 38.35, Code of Criminal Procedure.
(3) Forensic pathology - Includes that portion of an
autopsy conducted by a medical examiner or other forensic pathologist
who is a licensed physician.
(4) Accredited laboratory - Includes a public or private
laboratory or other entity that conducts forensic analysis as defined
in Article 38.35, Code of Criminal Procedure and is accredited by
a national accrediting body recognized by the Commission and listed
in §651.4 of this title (relating to List of Recognized Accrediting
Bodies).
(5) Physical evidence - Has the meaning assigned by
Article 38.35, Code of Criminal Procedure.
(6) Accredited university - A college or university
accredited by a national accrediting body recognized by the United
States Department of Education, or a foreign university with a degree
program(s) recognized as equivalent by the Commission.
(7) Professional Misconduct - Professional misconduct
means the forensic analyst or crime laboratory, through a material
act or omission, deliberately failed to follow the standard of practice
that an ordinary forensic analyst or crime laboratory would have followed,
and the deliberate act or omission would substantially affect the
integrity of the results of a forensic analysis. An act or omission
was deliberate if the forensic analyst or crime laboratory was aware
of and consciously disregarded an accepted standard of practice required
for a forensic analysis.
(8) Technician - An individual who performs basic analytical
functions under the supervision of a qualified analyst but does not
evaluate data, reach conclusions or sign any report for court or investigative
purposes shall be considered a technician under the disciplines set
forth in this section, with the exception of a Firearms/Toolmarks
Technician who may issue a report provided it is limited to a representation
that a firearm was test-fired and/or cartridge cases were entered
into the National Integrated Ballistics Information Network.
(9) Interpretation for toxicology - Interpretation
is the consideration of dose-response relationships between drugs,
alcohol or other compounds of interest and the resulting behavioral
or physical changes to human performance, including the evaluation
of pharmacokinetic and pharmacodynamics parameters. Examples include
but are not limited to: calculation of dose or other pharmacokinetic
calculations; determination of drug/drug interactions; determination
(or reporting) of therapeutic, toxic, or lethal drug ranges; evaluation
of drug absorption, distribution, metabolism, or excretion; and determination
of the effects (mental or physical).
(10) Crime scene reconstruction - is the application
of the scientific method to evaluate information regarding a crime
scene from all reasonably available sources such as scene documentation,
investigative reports, physical evidence, laboratory reports, autopsy
documentation, photographs, video, and witness statements. Crime Scene
Reconstruction--as distinguished from crime scene processing or crime
scene investigation--includes the application of analytical methods
beyond general observations or opinions about the scene to identify
and test hypotheses.
(11) Latent print examination - Includes the forensic
examination of friction ridge detail from the hands and feet.
(12) Forensic anthropology - Includes the application
of anthropological methods and theory, particularly those relating
to the recovery and analysis of human remains.
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| Source Note: The provisions of this §651.202 adopted to be effective May 16, 2018, 43 TexReg 3106; amended to be effective September 15, 2019, 44 TexReg 4874; amended to be effective April 5, 2020, 45 TexReg 2318 |
