16 Tex. Admin. Code § 78.64 - Mold Training Provider Accreditation
(a)
Accreditation requirement. A person must be accredited as a mold training
provider to offer mold training courses that are prerequisites for
licensing.
(b) Authorizations and
Conditions. The following shall apply to issuance of accreditations under this
section.
(1) Accredited training providers:
(A) may not transfer the accreditation to any
other person, including to any company that has bought the accredited entity;
and
(B) must apply for a name
change within 30 calendar days after a change in the name of the accredited
entity only.
(2) A
person must obtain accreditation before providing training when the transfer of
an accredited person occurs.
(3) A
person shall not advertise, offer, or provide a training course for fulfillment
of requirements for a license or renewal of a license under this chapter unless
the department or the department's designee has approved the course under
§78.66.
(A) Accredited training
providers may offer, without department approval, mold remediation worker
training courses and other courses relevant to mold-related activities,
including, but not limited to, courses on respirator training and
compliance.
(B) Accredited training
providers shall use only approved instructors for mold remediation worker
training courses.
(4)
Accredited training providers must offer approved courses as described below.
(A) Each training course shall address only
one license type and shall not be combined with other areas of licensure.
Initial training courses shall not be combined with continuing education
courses. This prohibition against combined training applies to hands-on
training sessions as well as other aspects of the course.
(B) Training providers shall conduct each
course in one language throughout and a course shall not be combined with the
same course taught in another language. A training provider may offer a course
in a language other than English if all instructors and guest speakers are
fluent in that language and all books, training materials, and course tests are
in that language.
(C) Accredited
mold training providers are authorized to offer:
(i) a mold assessment technician or mold
assessment consultant training course to persons applying for a mold assessment
technician license; and
(ii) a mold
assessment technician or mold assessment consultant continuing education
training course to persons renewing a mold assessment technician
license.
(5)
Training providers shall not conduct any approved course for more than eight
training hours (including hands-on portions) in a calendar day.
(6) A training provider must require
instructors and guest speakers to present in person during at least 50% of the
classroom instruction and all of the hands-on instruction. The training
provider may allow an instructor or guest speaker to use training films and
videos, but audiovisual materials shall not be used as substitutes for the
required in-person presentations or the hands-on instruction.
(7) Courses requiring hands-on practical
training must be presented in an environment that permits each student to have
actual experience performing tasks associated with the mold-related
activity.
(8) The maximum number of
students in a lecture session shall be 40. Hands-on training sessions shall
maintain a student-to-instructor ratio of not more than 15 to one and must be
conducted so that the instructor is able to assist and evaluate each student
individually. Field trips shall maintain a student-to-instructor ratio of not
more than 40 to one.
(9) Accredited
training providers shall conduct approved training courses in facilities
acceptable as classrooms and conducive to learning. The facilities must have
restrooms available for the students.
(10) Course instructors shall maintain an
attendance record for each course and take attendance at the beginning of each
four-hour instruction segment. A student who is absent from more than 10% of
the course instruction, including hands-on sessions and field trips, is
ineligible to complete the course.
(11) An accredited training provider shall
verify and keep a written record of the student scores on each course test.
(A) The training provider shall have a
written policy concerning the administration of tests, including allowing only
one re-test per student for each course.
(B) The use of the same questions for both
the original and re-test is prohibited.
(C) Oral course tests are not allowed;
however, a training provider may read the written test questions and possible
answers to a student who must then mark his or her answer on an answer
sheet.
(D) If a student fails the
re-test, the student must repeat the course and pass a new test.
(12) An individual instructor
shall not train himself/herself to qualify for a license or a
registration.
(c)
Qualifications. To qualify for an accreditation, a training provider must:
(1) have a written policy concerning refunds
and cancellations including cancellation procedures in all languages in which
training is offered;
(2) provide
the refund and cancellation policy to students before payment of
fees;
(3) designate one or more
individuals as responsible persons;
(4) employ a mold training manager who meets
at least one of the following requirements in (A), (B), or (C):
(A) at least two years of experience,
education, or training in teaching adults;
(B) a bachelor's or graduate degree in
building construction technology, engineering, industrial hygiene, safety,
public health, education, or business administration or program
management;
(C) at least two years
of experience in managing an occupational health and safety training program
specializing in environmental hazards; and
(D) has demonstrated experience, education,
or training in mold assessment or remediation, lead or asbestos abatement,
occupational safety and health, or industrial hygiene;
(5) provide for each course a qualified
principal instructor who is:
(A) approved by
the training provider; and
(B)
meets the requirements under §78.66; and
(6) develop and implement a plan to maintain
and improve the quality of the training program. This plan shall contain at
least the following elements:
(A) procedures
for periodic revision of training materials and the course test to reflect
innovations in the field; and
(B)
procedures for the training manager's annual review of instructor
competency.
(d) Eligibility for accreditation. To obtain
a mold training provider accreditation, a person must:
(1) comply with subsection (c); and
(2) pay the fee required under
§78.80.
(e)
Applications. Unless otherwise indicated, an applicant must submit all required
information and documentation on department-approved forms or in a manner
specified by the department. In addition to fulfilling the requirements in
§78.21, an applicant must submit the following required documentation:
(1) the name, address, and occupation of each
person that has an ownership interest of 10% or more in the
applicant;
(2) a complete
application for approval of at least one training course; and
(3) a description of the training provider's
organization, including:
(A) the address of
its central office;
(B) the names
and business addresses of its principals;
(C) the name of each individual designated by
the applicant as a responsible person;
(D) a statement of any affiliation with other
mold-related companies doing business in Texas;
(E) a listing of the courses to be offered;
and
(F) the identity of the
qualified staff member designated as the mold training manager.
(f) Responsibilities.
In addition to the requirements of §78.70 and all other applicable
responsibilities in this chapter, an accredited mold training provider shall:
(1) present to students all course
information and material approved by the department;
(2) furnish appropriate equipment in good
working order and in sufficient quantities for each training session in which
equipment is required;
(3) maintain
the hands-on skills assessment to ensure that it accurately evaluates student
performance of the work practices and procedures associated with the course
topics contained in §78.68;
(4) maintain the validity and integrity of
each course test to ensure that it accurately evaluates the student's knowledge
and retention of the course topics;
(5) at the conclusion of each training
course, provide to each student who successfully completes the course and
passes the required course test, if applicable:
(A) a course completion certificate as
described in §78.66(c); and
(B) information regarding the state
application and examination process, as applicable;
(6) submit to the department within seven
calendar days after the completion date of each course the names and number
identifiers of each student who attended the course, on a department-approved
form or in a manner specified by the department;
(7) make all records required under this
section available for inspection by the department or the department's designee
immediately upon conclusion of a course and the course test;
(8) document that each person who receives a
certificate has successfully completed a training course in accordance with
§78.68 and has achieved a passing score on the written test, if
applicable;
(9) for each mold
training course for a license or registration, maintain a file that includes:
(A) the training course name;
(B) the date the course was
provided;
(C) the subject area of
the course taught;
(D) the names of
all instructors and guest speakers who taught the course;
(E) a roster of all students in the
course;
(F) the names of students
receiving certificates;
(G) the
certificate numbers; and
(H) the
expiration date of the training, if applicable; and
(10) for each training course for a mold
license, maintain in the file:
(A) a copy of
the course test;
(B) each student's
identified, graded answer sheet;
(C) the date and location where the test was
administered; and
(D) the name of
the test proctor; and
(11) ensure that all information from the
training course and course test, if applicable, corresponds to the information
on each person's course completion certificate.
(g) Inspections and audits. The department or
its representative or designee may audit any training course. Training
providers shall permit the department or its representatives or designees to
attend, evaluate, and monitor any training course, without charge or advance
notice, to ensure compliance with this chapter.
Notes
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