(a) License required. A person must be licensed as an asbestos training provider to offer training to an individual who seeks MAP accreditation or a DSHS license.
(b) Licensee scope of practice.
  (1) Licensee practice and limitations.
    (A) A licensed asbestos training provider may offer, schedule, and conduct any of the following courses for which the provider has received DSHS approval:
      (i) one or more asbestos training courses designed to meet accreditation requirements in accordance with the MAP;
      (ii) the Asbestos Air Monitoring Technician course, as required in §296.73 of this chapter (relating to Asbestos Training Courses); and
      (iii) the Texas Asbestos Law and Rules course, as required in §296.73 of this chapter.
    (B) An asbestos training provider must not:
      (i) allow instructors to self-train in order to qualify for approval under subsection (f) of this section or accreditation;
      (ii) combine course disciplines, hands-on training sessions, or other aspects of two courses, such as the Asbestos Abatement Worker course and the Asbestos Contractor/Supervisor course, that must not be taught in a combined course;
      (iii) combine an initial training course with a refresher training course;
      (iv) combine an Asbestos Abatement Worker course taught in one language with an Asbestos Abatement Worker course taught in another language;
      (v) allow an instructor to teach the Asbestos Abatement Worker course in a language other than English unless the instructor can speak, read, and write effectively in that language;
      (vi) allow a guest speaker to present more than 15% of a course; or
      (vii) allow an unapproved instructor to teach an asbestos training course.
  (2) Licensee responsibilities. An asbestos training provider may be held responsible for a violation under this chapter by its employees or the responsible person. An asbestos training provider must:
    (A) require the responsible person to:
      (i) oversee the operations for the asbestos training provider activities; and
      (ii) comply with the applicable requirements of this chapter;
    (B) require that its responsible person and any employee who performs an activity on behalf of the asbestos training provider comply with all applicable:
      (i) responsibilities for approved asbestos training instructors, as required in subsection (f) of this section; and
      (ii) requirements of this chapter;
    (C) provide for the course training equipment to be on-site and in proper working order;
    (D) provide for training in an environment that is conducive to learning and without excessive or avoidable external distractions and must:
      (i) not utilize a classroom for other purposes while training is being conducted; and
      (ii) only use facilities that have the following:
        (I) adequate lighting;
        (II) adequate seating and workspace for each trainee;
        (III) a climate-controlled environment in all areas used for training; and
        (IV) clean restrooms that are readily accessible and in proper working order;
    (E) provide training taught by only asbestos training instructors who:
      (i) are approved by DSHS to teach the course; and
      (ii) possess current accreditation or training for the course being taught;
    (F) ensure that each approved asbestos training instructor employed by the asbestos training provider:
      (i) presents all course materials as outlined in the syllabus and as presented to DSHS for approval;
      (ii) provides a course review to improve comprehension before administering the course examination; and
      (iii) administers a closed-book examination at the conclusion of each initial training course;
    (G) comply with course notification requirements in subsection (c) of this section;
    (H) specify in promotional materials the course prerequisites for admission, the content of the course and requirements for successful completion;
    (I) comply with requirements for each asbestos training course for which the asbestos training provider is licensed, as required in §296.73 of this chapter, including requiring and verifying that:
      (i) the number of trainees does not exceed the applicable trainee-to-instructor ratio; and
      (ii) a trainee who has not met attendance standards or who has not passed the required final examination is not issued a training certificate;
    (J) confirm that each trainee possesses current accreditation or is within the 12-month grace period before granting the trainee admission to a refresher training course;
    (K) inform each prospective trainee, in the language of the course being taught, of the following:
      (i) that requirements and qualifications apply to each category of license being sought under this chapter and that more information can be found on the DSHS website;
      (ii) that, to maintain accreditation, refresher training must be taken before the accreditation expiration date, including:
        (I) a 12-month grace period after the accreditation expiration date to take the refresher training course to renew the accreditation during which time an individual must not perform any activity for which accreditation is required until the refresher training course is successfully completed and the accreditation is renewed; and
        (II) that if the accreditation is not timely renewed within the 12-month grace period, the initial training must be completed again in order to obtain accreditation; and
      (iii) that a trainee may not complete the course if the trainee misses more than 10% of a training course;
    (L) provide instructions for locating the registration form for the state licensing examination and the examination schedule on DSHS's website;
    (M) record each trainee's examination score;
    (N) maintain security of all training certificates to ensure that trainees do not have access to the certificates until successful completion of the course;
    (O) at the conclusion of each training course, issue a training certificate that meets the requirements in subsection (d)(1)(Q) of this section to each trainee who has completed the course and passed the required final examination;
    (P) at the conclusion of each training course, issue a wallet-size photograph identification (ID) card that meets the requirements in subsection (d)(1)(R) of this section to each trainee who has completed the course and passed the required examination;
    (Q) submit a training course roster to DSHS within 10 working days after the completion date of each course, including:
      (i) the name of each trainee;
      (ii) the unique identifier of each trainee that is determined by the asbestos training provider;
      (iii) specification of successful or unsuccessful course completion for each trainee; and
      (iv) an attached color group photograph of all trainees who successfully completed the course that is:
        (I) taken at the end of the training course; and
        (II) of sufficient size and clarity to identify each trainee;
    (R) report a change of the responsible person in writing to DSHS within 10 working days after the change;
    (S) permit DSHS representatives to observe, evaluate, and monitor any training course;
    (T) cooperate with DSHS personnel during any inspection or investigation, as required in §296.271 of this chapter (relating to Inspections and Investigations); and
    (U) comply with recordkeeping requirements, as required in §296.291 of this chapter (relating to Recordkeeping).
(c) Course notification requirements.
  (1) Course notifications. An asbestos training provider must notify DSHS of each scheduled course. DSHS must receive the notification at least 10 working days before the start date of the course. A notification may include multiple courses. The notification must include:
    (A) the name, license number, and contact phone number of the asbestos training provider;
    (B) the name, and contact phone number of the asbestos training instructor;
    (C) the name of the course, and for the Asbestos Abatement Worker course, the language that the course is conducted in specified in the course name;
Cont'd...
(D) the physical location (address and room number or name of the conference room) where the training will be held, including all off-site field trip locations;
    (E) the start and end dates for the training course; and
    (F) the start and end times for each day of training.
  (2) Amendments.
    (A) Notified courses must be amended by notifying DSHS by email or fax at least two working days before the start date of the course of the following course changes:
      (i) instructor, unless an alternate approved instructor that meets the qualifications to teach the course is provided with the course notification as required in paragraph (1)(A) of this subsection;
      (ii) location;
      (iii) time;
      (iv) date; and
      (v) language of the asbestos abatement worker course.
    (B) Amendments are not accepted for changes in course discipline.
    (C) Notified courses must not be amended fewer than two working days before the start date of the course and must be cancelled if not timely amended as soon as possible, but no later than two hours after the scheduled start time.
  (3) Emergency notifications. A training provider may request emergency approval of a course if unforeseen circumstances prevent the asbestos training provider from meeting the 10-working-day notification requirement. The emergency notification must be submitted to DSHS by email or fax and must include a justification of why the 10-working-day notification requirement could not be met and must contain the information required in subsection (c)(1)(A) - (F) of this section. The emergency notification must be submitted at least three working days before the start date of the course. The training provider must receive written approval from DSHS before conducting the course.
  (4) Cancellation notifications. A training provider must notify DSHS of a course cancellation by email or fax as soon as possible, but no later than two hours after the scheduled start time of the course.
(d) Initial and renewal license requirements. To receive or renew a license as required in this section, an applicant must submit a completed application, as required in §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).
  (1) Initial requirements. An applicant for an initial license must submit the following:
    (A) in relation to the applicant's franchise tax account status, whichever applies:
      (i) a certificate of account status from the Texas Comptroller of Public Accounts regarding the applicant's franchise tax account status, if the applicant is a taxable entity, as defined in Texas Tax Code §171.0002; or
      (ii) documentation that the applicant is not a taxable entity or is otherwise not subject to or exempt from franchise tax; and
      (iii) any verification relating to clause (i) or (ii) of this subparagraph that is requested by DSHS;
    (B) a copy of the applicant's assumed name certificate, with proof of required filing, if the applicant transacts business or renders professional services under an assumed name (commonly referred to as a DBA or "doing business as");
    (C) if the applicant is an entity, as defined in Texas Business Organizations Code §1.002:
      (i) documentation issued by the Secretary of State that verifies:
        (I) a domestic entity's existence; or
        (II) a foreign entity's registration and authorization to conduct business in Texas; or
      (ii) if the applicant is a foreign entity to which §296.44(d) of this chapter applies, the applicant must submit a sworn affidavit that meets the requirements of that subsection;
    (D) if the applicant is a nonfiling entity or a foreign nonfiling entity, as those terms are defined in Texas Business Organizations Code §1.002, documentation of that status on the application and any verification of that status that is requested by DSHS;
    (E) a taxpayer identification number;
    (F) the applicant's Texas sales tax permit number from the Texas Comptroller of Public Accounts, if applicable;
    (G) the name and mailing address of each principal owner;
    (H) a list of each course to be offered that includes the name of each asbestos instructor that will teach each course;
    (I) 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 (g) of this section;
    (J) the name of the appointed responsible person;
    (K) a description of any equipment and accessories that will be used for course instruction, such as hands-on items, audiovisual aids, and brochures;
    (L) the applicant's refund and cancellation policies and if the applicant will provide the Asbestos Abatement Worker course in a language other than English, the refund and cancellation policies must be submitted in each language that the course will be offered;
    (M) 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;
    (N) 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;
    (O) the applicant's policy regarding the administration of the multiple-choice examination to be given at the conclusion of training, in accordance with §296.73 of this chapter, which at minimum, must state the following:
      (i) each trainee must obtain a passing score of at least 70% on the multiple-choice examination before receiving a training certificate;
      (ii) one multiple-choice re-examination is allowed per trainee for each course;
      (iii) questions from the original examination that are randomly reordered or questions randomized from course to course may be used for the re-examination;
      (iv) if a trainee fails the re-examination, the trainee must repeat the course and pass a new examination before issuance of the training certificate; and
      (v) a trainee must read the examination and mark the answers on a score sheet unless the trainee requests a reasonable testing accommodation under the Americans with Disabilities Act of 1990, 42 USC 12101 et seq. and is a qualified individual with a disability;
    (P) a copy of each examination and re-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 that the course is offered;
    (Q) a sample of the training certificate that will be issued to each trainee who completes the course and passes the final course examination, including:
      (i) a unique certificate number;
      (ii) the asbestos training provider's name, a field for the asbestos training provider's license number, phone number, and address;
      (iii) the printed name of the accredited person;
      (iv) the discipline (name) of the training course completed;
      (v) the printed name and signature of the asbestos instructor;
      (vi) the start and end dates of the training course;
      (vii) the expiration date of one year after the date upon which the person successfully completed the training course;
      (viii) the printed name and signature of the responsible person, principal officer, owner, or chief executive officer of the asbestos training provider; and
      (ix) a statement, as applicable, that the trainee:
        (I) "has successfully completed the requisite training for asbestos accreditation under Title II of the Toxic Substances Control Act, 15 USC, Chapter 53, Subchapter II that meets the requirements of the Texas Asbestos Health Protection rules" (applicable to a MAP training course for which accreditation is issued); or
Cont'd...
(II) "has successfully completed training that meets the requirements of the Texas Asbestos Health Protection rules" (applicable to the Asbestos Air Monitoring Technician course or the Texas Asbestos Law and Rules course);
    (R) a sample of the training ID card that must be issued to each trainee who completes the course and passes the final course examination; the training ID card must include:
      (i) the name of the asbestos training provider;
      (ii) a color photo of the trainee's face (without tinted glasses, hats, bandanas, or other articles that may obscure the head or any part of the face) taken on a white background;
      (iii) the name of the accredited person;
      (iv) the discipline of the training course completed;
      (v) the effective date of the accreditation; and
      (vi) the unique certificate number shown on the training certificate for the accredited person; and
    (S) verifiable documentation that each asbestos training instructor that will teach an asbestos training course and is employed by the applicant meets the qualifications listed in subsection (h)(1)(B) of this section.
  (2) Renewal requirements. An applicant renewing a license must submit the following:
    (A) documentation as required for the initial application in subsection (d)(1)(A) - (F) of this section;
    (B) a copy of all policies, training resources, training certificates, or training manuals that the applicant seeks approval to amend with a detailed description of the specific changes that must be approved by DSHS before the training provider may implement the changes; and
    (C) a list of all approved asbestos instructors and guest speakers the training provider intends to use in the asbestos training courses, including the courses that each instructor will teach, proof that the accreditation of each instructor is current and valid for each course the instructor will teach, and the topics that each guest speaker will present.
(e) Online asbestos refresher training course. An online asbestos refresher training course presented to a student by a licensed asbestos training provider may be conducted if the course meets the requirements of this subsection.
  (1) Scope.
    (A) For purposes of this subsection:
      (i) an asynchronous online course means a course type that can be taken at any time;
      (ii) a synchronous online course means an online course type that is taken live;
      (iii) conducting an initial asbestos training course online is prohibited; and
      (iv) an online course under this section will only be approved if it is a synchronous online course; an asynchronous online course will not be approved.
    (B) A training provider must not provide, offer, or claim to provide an online refresher course without applying for and receiving approval from DSHS as required under this subsection.
    (C) An application for an online course must be submitted separately from an application for approval for an in-person refresher course.
    (D) A licensed training provider may apply for approval to conduct an online asbestos refresher course that the training provider is approved to teach in-person.
  (2) Online refresher course requirements. A training provider that offers an online course must have a system in place that:
    (A) authenticates the identity of the student taking the training and their eligibility to enroll in the course to deter fraud and falsification of student identity;
    (B) uses encryption technology to protect sensitive user information;
    (C) ensures that the student is focusing on the training material throughout the entire training period, such as a strong interactive component to ensure continued student focus through discussion between the student and approved instructor or approved guest speaker, or interactive video clips, or both;
    (D) monitors and records a student's actual time spent online, including applicable breaks;
    (E) allows the student to ask questions of an approved instructor or approved guest speaker and allows the instructor or guest speaker to provide a response to the student's question during the course;
    (F) provides technical support to the student during the course to address any technical issue as soon as possible but no later than the end of the course day, and if a student is inadvertently logged out of an online session due to a technical issue, the student must be given credit for the portion of the course completed and be required to make-up the portion of the course missed;
    (G) reduces the opportunity for document fraud by providing a distinct course certificate that contains all the requirements of subsection (d)(1)(Q) of this section and specifies the course type and that the course is online; and
    (H) provides DSHS unrestricted access to an online course for auditing purposes at no charge at any time the course is being given.
  (3) Approval requirements.
    (A) A licensed training provider must submit an application for approval of an online course to DSHS that includes, in addition to the requirements of subsection (d)(2) of this section and §296.73 of this chapter, the following:
      (i) that the application is for an online asbestos refresher course;
      (ii) the type and discipline of the course;
      (iii) documentation of the systems in place required by paragraph (2) of this subsection;
      (iv) a technical support plan that describes potential technical issues that may occur and how the issues will be immediately handled; and
      (v) a description of the method used to verify student's attendance as required in paragraph (4)(B) of this subsection.
    (B) Upon receipt of a complete application and the required application fee, DSHS will issue the training provider contingent course approval. DSHS will conduct an audit of the online course. If DSHS finds that the course:
      (i) meets the requirements of this chapter, DSHS will remove the contingent course approval status within 45 days of the course audit.
      (ii) does not meet the requirements of this chapter, DSHS will issue a deficiency notice within 45 days of the course audit.
        (I) If the training provider does not submit the corrections identified in the deficiency notice, if applicable, and request a second audit by the deadline provided in the deficiency notice, DSHS will issue a notice of withdrawal of contingent approval of the training course.
        (II) A training provider may request two audits to remove the contingent course status.
        (III) If the training provider fails to meet the requirements of this chapter after the third audit, DSHS will issue a notice of withdrawal of contingent approval of the training course and the training provider must reapply for approval of the course.
    (C) If approved by DSHS to conduct online training, the training provider must clearly identify that the course is approved by DSHS when advertising or registering a student for the course.
  (4) Additional notification, course, and roster requirements.
    (A) The course type must be submitted with the course notification.
    (B) Training instructors must:
      (i) view each student during the course to ensure student focus;
      (ii) validate student identity during registration and after each break and lunch period; and
      (iii) have at least one support staff member assist the instructor to monitor online students during an in-person course that is also being presented online.
    (C) The group photograph may include multiple frames or photographs, if a single group photograph is not feasible, to meet the requirement of subsection (b)(2)(Q)(iv) of this section.
  (5) Recordkeeping requirements. A licensed training provider that is approved to administer an online course is subject to the following additional recordkeeping requirements.
    (A) Student identity authentication and verification data.
    (B) Student online time tracking data.
    (C) Training instructor, guest speaker, and technical support contact data.
  (6) Disciplinary action.
    (A) For purposes of license or registration renewal, DSHS will not accept certificates from an online course that was not approved by DSHS.
    (B) Failure to obtain approval before conducting an online course and failure to meet the requirements of this subsection may result in disciplinary action against the licensed training provider.
Cont'd...
(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...
(ix) provide instructions for locating the registration form for the state licensing examination and examination schedule on DSHS's website;
      (x) provide a course review to improve and reinforce comprehension before administering the examination;
      (xi) administer a closed-book examination at the conclusion of each initial training course;
      (xii) administer one re-examination to each trainee who fails the first examination, as required under the policy and practices required under subsection (d)(1)(O) of this section;
      (xiii) record each trainee's examination score;
      (xiv) provide attendance records to the training provider upon completion of each course; and
      (xv) cooperate with DSHS personnel during inspections, audits, and investigations, as required in §296.271 of this chapter.
  (3) Withdrawal of instructor approval. DSHS may withdraw instructor approval if the instructor does not meet the requirements in this subsection, does not provide training that meets the requirements of the MAP or this chapter, or no longer possesses valid or current qualifications.
  (4) Instructors approved before the effective date of this section. An instructor who is approved to teach before the effective date of this section does not need to meet additional education, work experience, and teaching experience required under subsection (h)(1)(B) of this section that was not required when the instructor was approved and does not need to resubmit documents for approval. A certificate for the Texas Law and Rules course is not required to teach that course until six months after the effective date of this section. If, within six months after the effective date of this section, the instructor has not received a certificate for the Texas Law and Rules course, the instructor may not continue teaching under the instructor's prior approval. Any future instructor approval will be subject to the education, work experience, and teaching experience otherwise required under this section.
(i) Guest speaker approval and withdrawal of approval.
  (1) Approval. Prior approval of a guest speaker is required. A guest speaker may be used to supplement and enhance learning objectives but must not present more than 15% of any course. A guest speaker must have knowledge based on education, research, or experience in a particular area of study related to the course content being taught. Training providers seeking approval for a guest speaker must submit a completed Asbestos Guest Speaker Approval Application Form and sufficient documentation to show the person's knowledge, experience, and expertise. Acceptable documentation may include:
    (A) official copies of any applicable academic transcript or diploma specifying the guest speaker's major;
    (B) technical experience;
    (C) a verifiable resume; and
    (D) relevant, verifiable work experience, as described in §296.41(b)(2) of this chapter (relating to License and Registration Requirements).
  (2) Withdrawal of guest speaker approval. DSHS may withdraw guest speaker approval if the guest speaker is not providing training that meets the requirements of the MAP or this chapter or if the guest speaker's qualifications are no longer valid or current.

Source Note: The provisions of this §296.71 adopted to be effective July 8, 2021, 46 TexReg 3880