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TITLE 25HEALTH SERVICES
PART 1DEPARTMENT OF STATE HEALTH SERVICES
CHAPTER 296TEXAS ASBESTOS HEALTH PROTECTION
SUBCHAPTER ETRAINING PROVIDER LICENSE AND TRAINING COURSES
RULE §296.71Asbestos Training Provider

    (C) DSHS will withdraw course approval if the training provider fails to meet the requirements of this subsection.

(f) Approval of additional training courses.

  (1) A licensed training provider must request approval to provide any additional training course that was not submitted as part of the initial application for the training provider's license. To apply for approval, the training provider must submit:

    (A) an Asbestos Course Approval Application for each course;

    (B) the fee as outlined in §296.91 of this chapter (relating to Fees);

    (C) student training manuals, instructor notebooks, handouts, and related course materials, including all required elements listed in §296.73 of this chapter for each initial and refresher training course to be offered; and

      (i) if the applicant will provide the Asbestos Abatement Worker course in a language other than English, the training manuals and all related course materials must be submitted in each language in which the course will be offered; and

      (ii) if the applicant will use an EPA-developed manual, the applicant may submit a statement attesting to its use in place of submitting the manual;

    (D) a detailed course outline for each day that includes start and end times for each topic covered, scheduled break times, and specific hands-on training activities for each course;

    (E) a copy of each required examination that will be administered at the end of each course and if the applicant will provide the Asbestos Abatement Worker course in a language other than English, examinations must be submitted in each language in which the course will be offered;

    (F) the name of the approved asbestos instructor who will teach each additional course; and

    (G) the name of any guest speaker and the speaker's topics along with the completed asbestos guest speaker approval application form, as required in subsection (i) of this section.

  (2) DSHS will provide written notice to the licensed training provider whether DSHS grants approval of the additional course. Training providers must not add the additional training course to their schedule, advertise, accept payment for, or conduct the course without approval by DSHS.

(g) Training providers licensed before the effective date of this section. A training provider that is licensed before the effective date of this section must submit any updated training material to DSHS and receive approval six months after the effective date of this section or with the license renewal application, whichever is later, in order to continue teaching the course.

(h) Asbestos training instructor approval, qualifications, responsibilities, and withdrawal of approval.

  (1) Asbestos training instructor approval and qualifications.

    (A) DSHS must approve an asbestos training instructor to teach an asbestos training course.

    (B) An asbestos training instructor must meet the following qualifications to teach an asbestos training course.

      (i) An asbestos training instructor must have one of the following combinations of education and work experience, as described in §296.41(b)(2) of this chapter (relating to License and Registration Requirements):

        (I) a bachelor's degree in a natural or physical science;

        (II) a bachelor's degree with at least six months of experience performing asbestos-related activities with any required license or accreditation;

        (III) an associate's degree or successful completion of 60 college credit hours with at least one year of experience performing asbestos-related activities; or

        (IV) a high school diploma or equivalent with at least two years of experience performing asbestos-related activities with any required licensure or accreditation.

      (ii) An asbestos training instructor must have the following teaching experience:

        (I) at least three months of teaching experience at the secondary or post-secondary education level;

        (II) at least three months of teaching adult learners at a vocational school, trade school, or equivalent formal educational or professional setting as approved by DSHS; or

        (III) successful completion of a train-the-trainer course approved by DSHS.

    (C) Acceptable documentation of the relevant education, work, and teaching experience, as described in subparagraph (B)(i) and (ii) of this paragraph must include each of the following or an equivalent alternative approved by DSHS:

      (i) an official academic transcript or diploma that verifies the major;

      (ii) a description of experience performing asbestos-related activities including:

        (I) the project name and location;

        (II) the start and end date;

        (III) a description of duties performed; and

        (IV) the name and contact information of the individual or office that can verify the experience;

      (iii) a description of the applicant's teaching experience including:

        (I) the course title and description;

        (II) the start and end date;

        (III) the location or institution; and

        (IV) the name and contact information of the individual or office that can verify the teaching experience; and

      (iv) proof of licensure or accreditation or both; and

    (D) training certificates for the initial asbestos training courses and all subsequent refresher training courses to show current accreditation under §296.73 of this chapter for each course the instructor will teach, if applicable.

  (2) Approved training instructor scope of practice.

    (A) Approved training instructor practice and limitations.

      (i) An asbestos training instructor must:

        (I) teach only DSHS-approved asbestos training courses for which the instructor holds current MAP accreditation, for an Asbestos Air Monitoring Technician (AMT) course, holds a Texas AMT training certificate, or if only teaching the Texas Asbestos Law and Rules course, holds a Texas Asbestos Law and Rules training certificate;

        (II) teach each DSHS-approved asbestos training course in accordance with the MAP and as required in this subchapter;

        (III) be able to read, write, and communicate in the language that the course is taught; and

        (IV) be employed by a licensed training provider.

      (ii) An approved asbestos training instructor must not:

        (I) teach a course for accreditation under the MAP or a course required for a license from DSHS if notification has not been submitted to DSHS, in accordance with subsection (c) of this section; or

        (II) self-train in order to qualify to teach a training course or qualify for a license or accreditation.

    (B) Approved asbestos training instructor responsibilities. An asbestos training instructor must:

      (i) coordinate with the responsible person to verify that there is documented confirmation that:

        (I) each trainee possesses current accreditation, or is within the 12-month grace period for accreditation renewal, before granting admission to a refresher training course;

        (II) necessary training equipment is on-site and in good working order; and

        (III) the number of trainees does not exceed the applicable trainee-to-instructor ratio, as required in §296.73(a)(8) of this chapter;

      (ii) confirm with each trainee that the training provider has informed the trainee of each required information item, as required in subsection (b)(2)(K) of this section;

      (iii) inform each trainee of the following:

        (I) for an initial training course, each trainee must achieve a score of at least 70% on the course examination to receive a training certificate;

        (II) if a trainee fails the course examination, a second examination will be administered; and

        (III) a trainee must retake the initial training course if the trainee does not achieve a score of at least 70% on the second examination;

      (iv) comply with requirements for training courses, as required in §296.73 of this chapter;

      (v) present all course materials as outlined in the syllabus and as presented to DSHS for approval;

      (vi) implement and enforce attendance and course completion requirements;

      (vii) take an attendance record at the beginning of each four-hour segment of course instruction;

      (viii) document a trainee's absence from the course on the attendance record;

Cont'd...

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