| (a) Renewal. The Commission may renew an individual's
Forensic Analyst or Forensic Technician License up to 60 days before
to the expiration of the individual's two-year license term.
(b) Expiration. A Forensic Analyst or Forensic Technician
License or renewed Forensic Analyst or Forensic Technician License
expires two years from the date the initial application was granted.
(c) Effective date. A renewed Forensic Analyst or Forensic
Technician License takes effect on the date the licensee's previous
license expires.
(d) Application. An applicant for a Forensic Analyst
or Forensic Technician License renewal shall complete and submit to
the Commission a current Forensic Analyst or Forensic Technician License
Renewal Application provided by the Commission, pay the required fee,
attach documentation of fulfillment of Continuing Forensic Education
and other requirements set forth in this section.
(e) Proficiency Monitoring Certification Form for Renewal
Applicants Employed by an Accredited Laboratory. An applicant for
a Forensic Analyst or Forensic Technician License renewal must provide
an updated copy of the Commission's Proficiency Monitoring Certification
form demonstrating the applicant participates in the 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 requirements as applicable to the Forensic Analyst
or Forensic Technician's specific forensic discipline and job duties.
The form must be:
(1) signed by the licensee's authorized laboratory
representative; and
(2) 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
forensic casework.
(f) Proficiency Monitoring Certification Form for Renewal
Applicants Not Employed at an Accredited Laboratory or at an Accredited
Laboratory in a Forensic Discipline Not Covered by the Scope of the
Laboratory's Accreditation.
(1) An applicant for a Forensic Analyst or Forensic
Technician license renewal who is employed by an entity other than
an accredited laboratory or performs a forensic examination or test
at an accredited laboratory in a forensic discipline not covered by
the scope of the laboratory's accreditation must provide:
(A) an updated copy of the Commission's Proficiency
Monitoring Certification form demonstrating the applicant participates
in the laboratory or employing entity'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 or employing entity's Commission-approved
process for proficiency monitoring as applicable to the Forensic Analyst
or Forensic Technician's specific forensic discipline and job duties:
(i) signed by the licensee's authorized laboratory
representative; and
(ii) designating 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 forensic casework;
(B) written proof of the Forensic Science Commission's
approval of the laboratory or employing entity's proficiency monitoring
activities or exercise(s) as applicable to the applicant's specific
forensic discipline and job duties; and
(C) written documentation of performance in conformance
with expected consensus results in compliance with and on the timeline
set forth by the laboratory or employing entity's Commission-approved
proficiency monitoring activities or exercise(s) as applicable to
the applicant's specific forensic discipline and job duties.
(g) Continuing Forensic Education Including Mandatory
Legal and Professional Responsibility Update:
(1) Forensic Analyst and Forensic Technician Licensees
must complete a Commission-sponsored mandatory legal and professional
responsibility update by the expiration of each two-year license cycle
as provided by the Commission. Forensic Technicians are not required
to complete any other continuing forensic education requirements listed
in this section.
(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.
(3) All forensic analysts shall be required to satisfy
the following Continuing Forensic Education Requirements by the expiration
of each two-year license cycle:
(A) Completion of thirty-two (32) continuing forensic
education hours per 2-year license cycle.
(B) Sixteen (16) hours of the thirty-two (32) must
be discipline-specific training, peer-reviewed journal articles, and/or
conference education hours. If a licensee is licensed in multiple
forensic disciplines, at least eight (8) hours of discipline-specific
training in each forensic discipline are required, subject to the
provisions set forth in subsection (f) of this section.
(C) The remaining sixteen (16) hours may be general
forensic training, peer-reviewed journal articles, and/or conference
education hours that include hours credited for the mandatory legal
and professional responsibility training.
(4) Continuing forensic education programs will be
offered and/or designated by the Commission and will consist of independent,
online trainings, readings, and participation in recognized state,
regional, and national forensic conferences and workshops.
(5) Approved continuing forensic education hours are
applied for credit on the date the program and/or training is delivered.
(h) Timeline for Exemption from Supplemental Continuing
Forensic Education Requirements. Where a current licensee adds a forensic
discipline to the scope of his or her license, the following continuing
forensic education requirements apply for the supplemental forensic
discipline:
(1) If the supplemental forensic discipline is added
less than six (6) months prior to the expiration of the analyst's
current license, no additional discipline-specific training is required
for the supplemental forensic discipline.
(2) If the supplemental forensic discipline is added
six (6) months or more but less than eighteen (18) months prior to
the expiration of the analyst's current license, four (4) additional
discipline-specific training hours are required for the supplemental
forensic discipline.
(3) If the supplemental forensic discipline is added
eighteen (18) months or more prior to the expiration of the analyst's
current license, eight (8) additional discipline-specific training
hours are required for the supplemental forensic discipline.
(i) If an applicant fails to fulfill any or all of
the requirements pertaining to license renewal, continuing forensic
education and the mandatory legal and professional responsibility
update, the applicant may apply to the Commission for special dispensation
on a form to be provided on the Commission's website. Upon approval
by the Commission, the applicant may be allowed an extension of time
to fulfill remaining continuing forensic education requirements.
|
| Source Note: The provisions of this §651.208 adopted to be effective May 16, 2018, 43 TexReg 3106; amended to be effective December 16, 2018, 43 TexReg 7910; amended to be effective June 9, 2019, 44 TexReg 2850; amended to be effective December 30, 2019, 44 TexReg 8336; amended to be effective August 26, 2020, 45 TexReg 5931; amended to be effective November 24, 2020, 45 TexReg 8350; amended to be effective March 28, 2021, 46 TexReg 1745; amended to be effective July 11, 2021, 46 TexReg 4025; amended to be effective November 9, 2022, 47 TexReg 7425 |
