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TITLE 25HEALTH SERVICES
PART 1DEPARTMENT OF STATE HEALTH SERVICES
CHAPTER 295OCCUPATIONAL HEALTH
SUBCHAPTER JTEXAS MOLD ASSESSMENT AND REMEDIATION RULES
RULE §295.305Credentials: General Conditions

(a) Licensing or registration requirement. A person must be licensed or registered in compliance with this subchapter to engage in mold assessment or mold remediation unless specifically exempted under §295.303 of this title (relating to Exceptions and Exemptions).

(b) Accreditation requirement. A person must be accredited as a mold training provider in compliance with this subchapter to offer mold training for fulfillment of specific training requirements for licensing under this subchapter.

(c) Age requirement. Each individual applying to be licensed or registered under this subchapter must be at least 18 years old at the time of application.

(d) Office requirement. A person licensed under this subchapter must maintain an office in Texas. An individual employed by a person licensed under this subchapter is considered to maintain an office in Texas through that employer.

(e) Training requirement.

  (1) An applicant for an initial license under §295.311 of this title (relating to Mold Assessment Technician: Licensing Requirements), §295.312 of this title (relating to Mold Assessment Consultant: Licensing Requirements), or §295.315 of this title (relating to Mold Remediation Contractor: Licensing Requirements) must successfully complete an initial training course offered by a department-accredited training provider in that area of licensure and receive a course-completion certificate before applying for the license.

  (2) An applicant for renewal of a license listed under paragraph (1) of this subsection must successfully complete a refresher training course offered by a department-accredited training provider in the area of licensure for which renewal is sought and receive a course-completion certificate before applying for the renewal. The applicant must successfully complete the refresher course no later than 24 months after successful completion of the previous course.

  (3) An applicant for an initial or renewal registration under §295.314 of this title (relating to Mold Remediation Worker: Registration Requirements) must successfully complete a training course as described under §295.320(d) and (f) of this title (relating to Training: Required Mold Training Courses) and receive a course-completion certificate before applying for the registration. If a refresher course is required, the applicant must successfully complete the refresher course no later than 24 months after successful completion of the previous course.

(f) Examination requirement. In accordance with §295.310 of this title (relating to Licensing: State Licensing Examination), an applicant for an initial license under §§295.311, 295.312, or 295.315 of this title must pass the state licensing examination in that area of licensure with a score of at least 70% correct before applying for the license. All applicants must pass the state examination within six months of completing any training course required under subsection (e)(1) of this section in three or fewer attempts or must successfully complete a new initial training course before re-taking the state examination.

(g) Applications. Each application for a credential or approval must provide all required information. An applicant shall indicate that a question does not apply by answering "not applicable" or "N/A". Applicants must submit complete applications, including all supporting documents, for each credential or approval sought.

  (1) An applicant for an initial license under §§295.311, 295.312, or 295.315 of this title must submit the complete application to the department within six months of passing the required state licensing examination, as evidenced by a postmark or shipping documents, or must successfully complete a new initial training course, receive a new training certificate, and pass a new state examination before submitting a new initial license application.

  (2) An applicant for an initial or renewal registration under §295.314 of this title must submit the complete application to the department within ten calendar days (not working days) of successfully completing the required training course, as evidenced by a postmark or shipping paperwork.

  (3) An applicant for a renewal of a license listed under paragraph (1) of this subsection must successfully complete a required refresher training course and receive a course-completion certificate before applying for renewal. The applicant must complete the refresher course no later than 24 months after completion of the previous course.

(h) Term and expiration.

  (1) All credentials issued on or after January 1, 2006, are valid for two years and expire on the second anniversary of the effective date.

  (2) Fees commensurate with a two-year credential must be included with any application for a credential that will expire on the second anniversary of its effective date.

  (3) A credential holder is in violation of this subchapter if the holder practices with lapsed qualifications.

(i) Condition of issuance. No credential, identification (ID) card, or approval issued under this subchapter shall be sold, assigned, or transferred. ID cards issued by the department must be present at the worksite any time an individual is engaged in mold-related activities. The department retains the right to confiscate and revoke any credential, ID card, or approval that has been altered.

(j) Credentialed persons other than individuals. A mold assessment company, mold remediation company, mold analysis laboratory, or mold training provider that has been issued a credential under this subchapter:

  (1) shall designate one or more individuals as responsible persons. The credentialed person must notify the department in writing of any additions or deletions of responsible persons within 10 days of such occurrences;

  (2) shall not transfer that credential to any other person, including to any company that has bought the credentialed entity. The credentialed entity must apply for a new credential within 60 days of being bought; and

  (3) must submit to the department a name-change application and a processing fee of $20 within 60 days of any change.


Source Note: The provisions of this §295.305 adopted to be effective May 16, 2004, 29 TexReg 4498; amended to be effective May 20, 2007, 32 TexReg 2642

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