SECTION 296.46. Initial and Renewal Licensing Requirements for an Individual

(a) Initial and renewal licensure and registration requirements. To receive or renew a license or registration for an asbestos abatement worker, asbestos abatement supervisor, asbestos operations and maintenance (O&M) supervisor, asbestos inspector, asbestos air monitoring technician, asbestos air monitoring technician project monitor (AMT/PM), asbestos management planner, asbestos consultant, or asbestos project manager, an applicant must submit a complete application as required under §296.42 of this chapter (relating to Initial and Renewal Applications) and the documentation required in this section. An out-of-state applicant must comply with §296.44 of this chapter (relating to Out-of-State Applicants).

(b) Initial requirements. An applicant for an initial license or registration must submit the following:

(1) A copy of DSHS's Physician's Written Statement form that documents a medical examination performed within the past 12 months, as required in §296.42(i) of this chapter.

(2) Copies of the initial training certificates and any refresher training courses to show current accreditation under §296.73 of this chapter (relating to Asbestos Training Courses) for the following licenses, as applicable:

(A) an asbestos abatement worker--the initial Asbestos Abatement Worker course, and the Asbestos Contractor/Supervisor course may be substituted for the Asbestos Abatement Worker course and all subsequent refresher training courses must be for the same course taken as the initial training;

(B) an asbestos abatement supervisor or asbestos O&M supervisor--the initial Contractor/Supervisor course;

(C) an asbestos inspector--the initial Asbestos Inspector course;

(D) an asbestos air monitoring technician--the initial Asbestos Air Monitoring Technician course;

(E) an AMT/PM--the initial Asbestos Air Monitoring Technician and Asbestos Contractor/Supervisor courses;

(F) an asbestos management planner--the initial Asbestos Inspector and initial Asbestos Management Planner courses;

(G) an asbestos consultant--the initial Asbestos Project Designer, Asbestos Inspector, Asbestos Management Planner, and Asbestos Air Monitoring Technician courses; and

(H) an asbestos project manager--the initial Asbestos Contractor/Supervisor course.

(3) A copy of the current photo-identification card issued by the training provider.

(4) An unaltered, 2-inch by 2-inch, color photograph of the face (without tinted glasses, hats, bandanas, or other articles that may obscure the head or any part of the face) with a white background taken within the past 12 months and submitted either on photo quality paper or in digital format.

(5) Proof of passing the DSHS examination as required in Subchapter G of this chapter (relating to State Licensing Examination), as applicable, for:

(A) an asbestos abatement supervisor or asbestos O&M supervisor--DSHS's Asbestos Contractor/Supervisor examination;

(B) an asbestos inspector--DSHS's Asbestos Inspector examination;

(C) an asbestos air monitoring technician--DSHS's Air Monitoring Technician examination;

(D) an AMT/PM--DSHS's Air Monitoring Technician and Asbestos Contractor/Supervisor examinations;

(E) an asbestos management planner--DSHS's Asbestos Management Planner examination;

(F) an asbestos consultant--DSHS's Asbestos Consultant examination; and

(G) an asbestos project manager--DSHS's Asbestos Contractor/Supervisor examination.

(6) Written documentation of qualifying work experience as described in §296.41(b)(2) of this chapter (relating to License and Registration Requirements) for the following licensees, including contact information for the person who supervised the applicant and can verify the work experience for:

(A) an asbestos abatement supervisor--at least 90 days of verifiable qualifying work experience gained within the past 24 months from one or more of the following categories, as needed to fulfill the requirements:

(i) work experience as a licensed asbestos worker, asbestos abatement supervisor (during previous Texas or out-of-state licensure), AMT/PM, asbestos consultant, or asbestos project manager;

(ii) work experience as a MAP-accredited asbestos abatement worker, asbestos abatement supervisor, or asbestos project designer in Texas or another state, or as a MAP-accredited asbestos project monitor in another state conducting activities for which either a Texas license or a license in another state was not required, or for which the applicant held the required license; or

(iii) work experience performing air monitoring as a licensed or trained asbestos air monitoring technician or AMT/PM on at least five asbestos abatement projects; and

(I) work experience must have been gained while the license was current or after completion of training required under this chapter;

(II) if an applicant is relying on work experience as a trained air monitoring technician or AMT/PM, the applicant must have been authorized to perform the activity in the state where the work experience occurred, or must have performed the air monitoring within the immediate proximity and under the in-person and direct supervision of a licensed air monitoring technician, licensed AMT/PM, or licensed consultant; and

(III) no more than 30 days of air monitoring work experience as a licensed or trained asbestos air monitoring technician or AMT/PM may be counted towards the work experience requirements;

(B) an asbestos inspector--participation in at least five asbestos surveys performed within immediate proximity and under the in-person and direct supervision of a licensed asbestos inspector, licensed management planner, or licensed asbestos consultant, and work experience must have been gained after completion of training required for licensure as an asbestos inspector under this chapter;

(C) an air monitoring technician--performing air monitoring on at least three asbestos abatement projects for a total of at least 15 days, within the immediate proximity and under the in-person and direct supervision of a licensed air monitoring technician, licensed AMT/PM, or licensed asbestos consultant working for a licensed asbestos laboratory or licensed asbestos consultant agency, and work experience must be gained after completion of the Asbestos Air Monitoring Technician course as described in §296.73 of this chapter;

(D) an AMT/PM--at least 30 days of verifiable qualifying work experience gained within the past 24 months that includes:

(i) performing air monitoring on at least three asbestos abatement projects for a total of at least 15 days, within the immediate proximity and under the in-person and direct supervision of a licensed air monitoring technician, licensed AMT/PM, or licensed asbestos consultant working for a licensed asbestos laboratory or licensed asbestos consultant agency, and work experience must be gained after completion of the Asbestos Air Monitoring Technician course as described in §296.73 of this chapter; and

(ii) any combination of qualifying work experiences from one or more of the following categories, as needed to fulfill the requirements:

(I) work experience as a licensed asbestos abatement worker, licensed asbestos abatement supervisor, licensed air monitoring technician, or licensed asbestos consultant during previous Texas or out-of-state licensure, or a licensed AMT/PM or licensed project manager during previous Texas licensure;

(II) work experience as a MAP-accredited asbestos abatement worker, asbestos abatement supervisor, asbestos project monitor, or asbestos project designer, in Texas or another state; and

(-a-) work experience must consist of activities for which either no Texas license or license in another state was required, or for which the applicant held the required license; and

(-b-) work experience must have been gained while accreditation was current in accordance with the MAP; or

(III) performing project monitoring within immediate proximity and under the in-person and direct supervision of a licensed asbestos consultant, AMT/PM, or asbestos project manager working for a licensed laboratory or asbestos consultant agency, and work experience must have been gained after completion of the Asbestos Contractor/Supervisor course as described in §296.73 of this chapter; and

(iii) to meet the work experience requirements under clauses (i) and (ii) of this subparagraph, work experience performing project monitoring and air monitoring during the same project may be used to satisfy the project monitoring and air monitoring work experience requirement;

(E) an asbestos management planner:

(i) participation in the development of at least five management plans as a licensed asbestos management planner (during previous Texas of out-of-state licensure), or a licensed asbestos consultant or within immediate proximity and under the in-person and direct supervision of a licensed asbestos management planner or a licensed asbestos consultant, and work experience must have been gained after completion of the Asbestos Management Planner course as described in §296.73 of this chapter;

(ii) participation in conducting five asbestos surveys, including development of asbestos survey reports, as a licensed inspector or licensed asbestos consultant or within the immediate proximity and under the in-person and direct supervision of a licensed inspector, licensed management planner, or licensed asbestos consultant, and work experience must have been gained after completion of the Asbestos Inspector course as described in §296.73 of this chapter; and

(iii) to meet the work experience requirements under clauses (i) and (ii) of this subparagraph, work experience participating in an asbestos survey and then participating in the development of the management plan using that asbestos survey during the same project may be used to satisfy one management plan and one asbestos survey requirement;

(F) an asbestos consultant--one of the following combinations of professional or educational achievement and work experience gained after completion of any training that is required to perform the applicable asbestos-related activity and performed while the training is current:

(i) current status as a Texas-registered architect or a Texas-licensed professional engineer combined with at least 180 days of work experience performing asbestos-related activities in public buildings, in accordance with applicable law in effect at the time of the work experience and gained within the past four years; the asbestos-related work experience:

(I) must include the following:

(-a-) developing at least six specifications and plans within the immediate proximity and under the in-person and direct supervision of a licensed asbestos consultant;

(-b-) conducting at least three asbestos surveys that include collecting bulk samples as a licensed asbestos inspector or licensed asbestos management planner or within the immediate proximity and under the in-person and direct supervision of a licensed asbestos inspector, licensed asbestos management planner, or licensed asbestos consultant;

(-c-) performing project monitoring for at least 10 days within the immediate proximity and under the in-person and direct supervision of a licensed asbestos project manager, licensed AMT/PM, or consultant;

(-d-) performing air monitoring for at least 10 days within the immediate proximity and under the in-person and direct supervision of a licensed air monitoring technician, licensed AMT/PM, or a licensed asbestos consultant; and

(-e-) to meet the work experience requirements under items (-c-) and (-d-) of this subclause, work experience performing project monitoring and air monitoring during the same project may be used to satisfy the project monitoring and air monitoring work experience requirement;

(II) may include any of the following:

(-a-) developing one or more management plans as a licensed management planner or within the immediate proximity and under the in-person and direct supervision of a licensed asbestos management planner or licensed asbestos consultant;

(-b-) working as a licensed asbestos abatement supervisor; or

(-c-) working as a registered asbestos abatement worker, that may qualify for no more than 30 days of the required work experience; or

(ii) a bachelor's degree in architecture, engineering, or a physical or natural science from an accredited college or university combined with the following work experience:

(I) two years of work experience in an environmental field or in occupational health; and

(II) at least 180 days of work experience performing asbestos-related activities in public buildings, in accordance with applicable law in effect at the time of the work experience and gained within the past four years; the asbestos-related experience must meet the requirements of clause (i)(I) and (II) of this subparagraph; or

(iii) completion of 60 college credit hours from an accredited college or university, including 30 credit hours in engineering or natural or physical science and 9 credit hours in mathematics, combined with the following work experience:

(I) three years of work experience in an environmental field or in occupational health, and

(II) at least 250 days of work experience performing asbestos-related activities in public buildings, in accordance with applicable law in effect at the time of the work experience and gained within the past four years, and the asbestos-related work experience must meet the requirements of clause (i)(I) and (II) of this subparagraph and in addition, the applicant must provide a letter of recommendation from a supervising licensed asbestos consultant; and

(G) an asbestos project manager--at least 15 days of verifiable qualifying work experience on at least three asbestos abatement projects gained within the past 24 months that includes any combination of qualifying work experience from one or more of the following categories, as needed to fulfill the requirements:

(i) work experience as a licensed asbestos abatement worker, licensed asbestos abatement supervisor, licensed asbestos consultant, or licensed air monitoring technician during previous Texas or out-of-state licensure, or as a licensed AMT/PM, or licensed project manager during previous Texas licensure;

(ii) work experience as a MAP-accredited asbestos abatement worker, asbestos abatement supervisor, asbestos project monitor, or asbestos project designer, in Texas or another state; and

(I) work experience must consist of activities for which either no Texas license or license in another state was required, or for which the applicant held the required license; and

(II) work experience must have been gained while accreditation was current in accordance with the MAP; or

(iii) work experience performing project monitoring within immediate proximity and under the in-person and direct supervision of a licensed AMT/PM, asbestos consultant, or asbestos project manager working for a licensed laboratory or asbestos consultant agency, and work experience must have been gained after completion of training required for licensure as an asbestos project manager under this chapter.

(7) Proof of the following education requirements for:

(A) an asbestos inspector, asbestos air monitoring technician, AMT/PM, or asbestos project manager--a high school diploma or equivalent;

(B) an asbestos management planner--an associate's degree or successful completion of a minimum of 60 credit hours from an accredited college or university; or

(C) an asbestos consultant--the education requirements set forth in subparagraph (6)(F) of this subsection.

(8) Proof of insurance coverage requirements for an asbestos inspector, asbestos management planner, and asbestos consultant--professional liability insurance coverage for errors and omissions individually or under the licensee's employer policy if performing work for hire, in accordance with §1954.105(c) of the Act and as required in §296.45 of this chapter (relating to Insurance Requirements).

(c) Renewal requirements. An applicant renewing a license must submit the documentation as required for the initial application in subsection (b)(1)-(4) of this section and, if applicable, subsection (b)(8) of this section.

(d) Qualification renewal requirements. Licensees must not allow required qualifications (such as accreditation, DSHS's Physician's Written Statement form, or insurance requirements) to expire and continue to work as a licensee.

(e) Examination not required.

(1) A licensed consultant is not required to take a state examination to obtain an asbestos inspector, asbestos air monitoring technician, AMT/PM, or asbestos management planner licenses.

(2) A licensed management planner is not required to take a state examination to obtain an inspector license.

(3) A licensed AMT/PM is not required to take a state examination to obtain an asbestos air monitoring license.

Source Note: The provisions of this §296.46 adopted to be effective July 8, 2021, 46 TexReg 3880