| (a) Non-proficiency tested laboratory support personnel
exemption. An individual who performs only support functions that
do not require participation in proficiency testing in accordance
with the laboratory's accrediting body requirements is not required
to obtain a Forensic Analyst License.
(b) Proficiency tested laboratory support personnel
waiver application.
(1) A laboratory may apply to the Commission for an
exemption from the licensing requirement on behalf of personnel who
are subject to accrediting body proficiency testing requirements,
but perform only support functions so limited in nature (e.g., aliquoting,
accessioning, data entry, etc.) as to render the licensing requirement
overly burdensome and impractical for those employees.
(2) The Licensing Advisory Committee shall review each
support personnel waiver application and make a determination as to
the applicability of the exemption under this section based on the
description in paragraph (1) of this subsection. Any laboratory that
is denied a support personnel waiver request may appeal the decision
to the full Commission.
(c) The exemptions in this section related to support
personnel are limited to individuals performing support roles as described
above. An individual who technically reviews or draws conclusions
from or interprets forensic analysis must obtain a Forensic Analyst
License even if he or she is not required to be proficiency tested
by the laboratory's accrediting body.
(d) Exemption for forensic analyses performed prior
to the effective date of licensing requirements. A forensic analyst
who provides testimony and related analysis in a court proceeding
regarding forensic analysis performed prior to the effective date
of the licensing requirement is not required to obtain a Forensic
Analyst License for the sole purpose of offering the testimony and
related analysis.
(e) Exemption for forensic analyses performed by former
licensee. A forensic analyst who no longer performs forensic analysis
on behalf of a Texas-accredited laboratory or in a Texas criminal
action who provides testimony and related analysis in a court proceeding
regarding forensic analysis performed when the analyst was licensed
by the Commission in the particular forensic discipline is not required
to obtain a Forensic Analyst License as long as the analyst was in
compliance with any applicable licensing rules at the time the forensic
analysis was conducted.
(f) Exemption for forensic discipline change. A forensic
analyst who currently performs forensic analysis on behalf of a Texas-accredited
laboratory or in a Texas criminal action who provides testimony and
related analysis in a court proceeding regarding forensic analysis
performed for a different forensic discipline than the discipline
in which the forensic analyst is currently licensed is not required
to obtain a Forensic Analyst License as long as the analyst was in
compliance with any applicable licensing rules at the time the forensic
analysis was conducted.
(g) Exemption for Toxicology (Interpretive) analysts
adding Seized Drugs to license scope. Any Toxicology (Interpretive)
analyst who was licensed before January 1, 2019 and who seeks to add
the Seized Drugs forensic discipline to his or her license after January
1, 2019 shall comply with the minimum education and specific coursework
requirements in effect for the Seized Drugs discipline at the time
the analyst's initial license application was granted.
(h) Retroactive Application of Exemption for Toxicology
(Interpretive) analysts seeking to add Seized Drugs discipline. Forensic
analysis in the Seized Drugs discipline performed by a licensed Toxicology
(Interpretive) analyst between January 1, 2019 and the effective date
of subsection (g) of this section shall not be considered a violation
of this subchapter provided at the time the Seized Drugs analysis
was performed, the licensee who performed the analysis was in compliance
with the minimum education and specific coursework requirements in
effect for the Seized Drugs discipline prior to January 1, 2019.
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| Source Note: The provisions of this §651.206 adopted to be effective May 16, 2018, 43 TexReg 3106; amended to be effective December 16, 2018, 43 TexReg 7909; amended to be effective April 23, 2019, 44 TexReg 2057; amended to be effective September 15, 2019, 44 TexReg 4875; amended to be effective April 6, 2020, 45 TexReg 2319 |
