SECTION 296.44. Out-of-State Applicants

(a) Qualifications. Out-of-state applicants must comply with all licensing qualifications that are required for Texas residents.

(b) Documentation of education, experience, training, and medical examinations acquired out of state must be verifiable. DSHS may approve applications with out-of-state documentation on a case-by-case basis. If DSHS is unable to verify the documentation, the applicant is responsible for verifying the documentation.

(c) Texas Asbestos Law and Rules course. A person applying for an initial or renewal license or registration who did not receive any of the required training for that license or registration from a DSHS-licensed training provider must complete a three-hour Texas Asbestos Law and Rules course. The Texas Asbestos Law and Rules course must be completed within one year before DSHS receives the license or registration application. A training course taken from a DSHS-licensed training provider in an asbestos licensure or accreditation category other than the one for which license or registration is sought may substitute for the Texas Asbestos Law and Rules course.

(d) Interstate commerce. A foreign entity, as defined in Texas Business Organizations Code §1.002, that transacts business only in interstate commerce may qualify as not transacting business in Texas if the entity submits a statement with its license application that the entity engages only in interstate commerce, does not transact business in Texas, and is not a foreign entity that is required under Texas law to register with the Secretary of State. The statement must be in the form of a sworn affidavit from an individual authorized to make the statement on behalf of the entity.

(e) Formerly licensed in Texas. A person who was licensed by DSHS, moved to another state, and is currently licensed in the other state and has been in practice there for the two years preceding the date of application, may obtain a new DSHS license without reexamination. The person must pay to DSHS a fee that is equal to two times the normally required renewal fee for the license term. The person must meet all other qualifications applicable to the new license.

(f) Provisional license or registration. A person who is currently licensed or registered as an asbestos abatement worker, asbestos abatement supervisor, asbestos inspector, or asbestos management planner in another state, including a foreign country, may request a provisional license or registration in the same discipline.

(1) A person may receive a provisional license or registration issued by DSHS if:

(A) the person has been licensed or registered in good standing for at least two years in another state, including a foreign country, that has licensing or registration requirements substantially equivalent to the requirements in this chapter;

(B) the person has passed a national or other examination recognized by DSHS relating to the provisional license requested;

(C) the person pays the nonrefundable provisional license or registration fee set forth in §296.91 of this chapter (relating to Fees); and

(D) the person is sponsored by a company that meets the insurance requirements of §296.45 of this chapter (relating to Insurance Requirements) with whom the person will practice during the time the person holds a provisional license or registration. DSHS may waive the requirement of sponsorship for an applicant if DSHS determines that compliance with §296.45 would be a hardship to the applicant.

(2) A provisional license or registration is valid until the date DSHS approves or denies the provisional license or registration holder's application for licensing or registration, or 180 days after the date the provisional license or registration is issued, whichever comes first.

(3) A person who holds a provisional license or registration issued in accordance with this section may apply for a license or registration if the applicant provides documentation showing successful completion of the Texas Asbestos Law and Rules course described in §296.73 of this chapter (relating to Asbestos Training Courses), pays the required licensing fee in addition to the provisional license or registration fee as outlined in §296.91 of this chapter, and meets the requirements in §296.46 of this chapter (relating to Initial and Renewal Licensure Requirements for an Individual), as applicable.

Source Note: The provisions of this §296.44 adopted to be effective July 8, 2021, 46 TexReg 3880