(a) Non-proficiency tested laboratory support personnel exemption. An individual who performs only support functions that do not require participation in proficiency testing in accordance with the laboratory's accrediting body requirements is not required to obtain a Forensic Analyst License.
(b) Proficiency tested laboratory support personnel waiver application.
  (1) A laboratory may apply to the Commission for an exemption from the licensing requirement on behalf of personnel who are subject to accrediting body proficiency testing requirements, but perform only support functions so limited in nature (e.g., aliquoting, accessioning, data entry, etc.) as to render the licensing requirement overly burdensome and impractical for those employees.
  (2) The Licensing Advisory Committee shall review each support personnel waiver application and make a determination as to the applicability of the exemption under this section based on the description in paragraph (1) of this subsection. Any laboratory that is denied a support personnel waiver request may appeal the decision to the full Commission.
(c) The exemptions in this section related to support personnel are limited to individuals performing support roles as described above. An individual who technically reviews or draws conclusions from or interprets forensic analysis must obtain a Forensic Analyst License even if he or she is not required to be proficiency tested by the laboratory's accrediting body.
(d) Exemption for forensic analyses performed prior to the effective date of licensing requirements. A forensic analyst who provides testimony and related analysis in a court proceeding regarding forensic analysis performed prior to the effective date of the licensing requirement is not required to obtain a Forensic Analyst License for the sole purpose of offering the testimony and related analysis.
(e) Exemption for forensic analyses performed by former licensee. A forensic analyst who no longer performs forensic analysis on behalf of a Texas-accredited laboratory or in a Texas criminal action who provides testimony and related analysis in a court proceeding regarding forensic analysis performed when the analyst was licensed by the Commission in the particular forensic discipline is not required to obtain a Forensic Analyst License as long as the analyst was in compliance with any applicable licensing rules at the time the forensic analysis was conducted.
(f) Exemption for forensic discipline change. A forensic analyst who currently performs forensic analysis on behalf of a Texas-accredited laboratory or in a Texas criminal action who provides testimony and related analysis in a court proceeding regarding forensic analysis performed for a different forensic discipline than the discipline in which the forensic analyst is currently licensed is not required to obtain a Forensic Analyst License as long as the analyst was in compliance with any applicable licensing rules at the time the forensic analysis was conducted.
(g) Exemption for Toxicology (Interpretive) analysts adding Seized Drugs to license scope. Any Toxicology (Interpretive) analyst who was licensed before January 1, 2019 and who seeks to add the Seized Drugs forensic discipline to his or her license after January 1, 2019 shall comply with the minimum education and specific coursework requirements in effect for the Seized Drugs discipline at the time the analyst's initial license application was granted.
(h) Retroactive Application of Exemption for Toxicology (Interpretive) analysts seeking to add Seized Drugs discipline. Forensic analysis in the Seized Drugs discipline performed by a licensed Toxicology (Interpretive) analyst between January 1, 2019 and the effective date of subsection (g) of this section shall not be considered a violation of this subchapter provided at the time the Seized Drugs analysis was performed, the licensee who performed the analysis was in compliance with the minimum education and specific coursework requirements in effect for the Seized Drugs discipline prior to January 1, 2019.

Source Note: The provisions of this §651.206 adopted to be effective May 16, 2018, 43 TexReg 3106; amended to be effective December 16, 2018, 43 TexReg 7909; amended to be effective April 23, 2019, 44 TexReg 2057; amended to be effective September 15, 2019, 44 TexReg 4875; amended to be effective April 6, 2020, 45 TexReg 2319