37 Tex. Admin. Code § 651.207 - Forensic Analyst and Forensic Technician Licensing Requirements, Including Initial License Term and Fee, Minimum Education and Coursework, General Forensic Examination, Proficiency Monitoring, and Mandatory Legal and Professional Responsibility Training
(a) Issuance. The
Commission may issue an individual's Forensic Analyst or Forensic Technician
License under this section.
(b)
License Term. A Forensic Analyst or Forensic Technician license holder must
renew the license holder's license after the initial date of issuance, every
two years on the day before the issuance of the initial license with the
exception of §651.208(b) of this subchapter (relating to Renewal
Term).
(c) Application. Before
being issued a Forensic Analyst or Forensic Technician License, an applicant
must:
(1) demonstrate that he or she meets
the definition of Forensic Analyst or Forensic Technician set forth in this
subchapter;
(2) complete and submit
to the Commission a current Forensic Analyst or Forensic Technician License
Application form;
(3) pay the
required fee(s) as applicable:
(A) Initial
Application fee of $220 for Analysts and $150 for
Technicians/Screeners;
(B) Biennial
renewal fee of $200 for Analyst and $130 for Technicians/Screeners;
(C) Pro-rated Fees for Certain License
Renewals. This subsection applies to licensees initially licensed before
January 1, 2024 who are renewing on or before December 31, 2026. Application
fee of $220 for Analysts and $150 for Technicians for the twenty-four months of
the Initial License Term. If the Analyst or Technician's renewed license term
under §651.208(b) of this subchapter exceeds twenty-four months, the
Analyst or Technician shall pay an additional prorated amount of $8.33 per
month (for Analysts) and $5.42 per month (for Technicians) for each month
exceeding two years. If the Analyst or Technician's Initial License Term under
§651.208(b) of this subchapter is less than twenty-four months, the
Analyst or Technician shall pay a prorated amount of $8.33 per month (for
Analysts) and $5.42 per month (for Technicians) for each month in the Initial
License Term;
(D) Temporary License
fee of $100;
(E) Provisional
License fee of $110 for Analysts and $75 for Technicians; An applicant who is
granted a provisional license and has paid the required fee will not be
required to pay an additional initial application fee if the provisional status
is removed within one year of the date the provisional license is
granted;
(F) License Reinstatement
fee of $220;
(G)
De
Minimis License fee of $200 per ten (10) licenses;
(H) Uncommon Forensic Analysis License fee of
$200 per ten (10) licenses; and/or
(I) Special Exam Fee of $50 for General
Forensic Analyst Licensing Exam, required only if testing beyond the three
initial attempts or voluntarily taking the exam under the Unaccredited Forensic
Discipline Exception described in subsection (g)(5)(C) of this
section;
(4) provide
accurate and current address and employment information to the Commission and
update the Commission within five (5) business days of any change in address or
change of employment. Licensees are required to provide a home address, email
address, and employer name and address on an application for a license. If a
forensic analyst or forensic technician departs employment, experiences a gap
in employment, is no longer actively performing casework, or temporarily
assumes non-forensic analysis, administrative duties from an accredited
laboratory, or has ninety (90) days or less to reinstate an expired license
pursuant to §651.209(a) of this subchapter (relating to Forensic Analyst
and Forensic Technician License Expiration), the licensee's status is deemed
inactive and will be designated as inactive in the Commission's online database
of licensees, until such time that the licensee notifies the Commission of
their employment by an accredited laboratory as a forensic analyst or forensic
technician, or has a change in job duties requiring the licensee to resume
active casework; and
(5) provide
documentation that he or she has satisfied all applicable requirements set
forth under this section.
(d) Minimum Education Requirements.
(1) Seized Drugs Analyst. An applicant for a
Forensic Analyst License in seized drugs must have a baccalaureate or advanced
degree in chemical, physical, biological science, chemical engineering or
forensic science from an accredited university.
(2) Seized Drugs Technician. An applicant for
a Forensic Analyst License limited to the seized drug technician category must
have a minimum of an associate's degree or equivalent.
(3) Toxicology (Toxicology Analyst (Alcohol
Only, Non-interpretive), Toxicology Analyst (General, Non-interpretive),
Toxicologist (Interpretive)). An applicant for a Forensic Analyst License in
toxicology must have a baccalaureate or advanced degree in a chemical,
physical, biological science, chemical engineering or forensic science from an
accredited university.
(4)
Toxicology Technician. An applicant for a Forensic Analyst License limited to
the toxicology technician category must have a minimum of an associate's degree
or equivalent.
(5) Forensic Biology
(DNA Analyst, Forensic Biology Screener, Nucleic Acids other than Human DNA
Analyst, Forensic Biology Technician). An applicant for any category of
forensic biology license must have a baccalaureate or advanced degree in a
chemical, physical, biological science or forensic science from an accredited
university.
(6) Firearm/Toolmark
Analyst. An applicant for a Forensic Analyst License in firearm/toolmark
analysis must have a baccalaureate or advanced degree in a chemical, physical,
biological science, engineering or forensic science from an accredited
university.
(7) Firearm/Toolmark
Technician. An applicant for a Forensic Analyst License limited to
firearm/toolmark technician must have a minimum of a high school diploma or
equivalent degree.
(8) Materials
(Trace) Analyst. An applicant for a Forensic Analyst License in materials
(trace) must have a baccalaureate or advanced degree in a chemical, physical,
biological science, chemical engineering or forensic science from an accredited
university. A Materials (Trace) Analyst performing only impression evidence
analyses must have a minimum of a high school diploma or equivalent
degree.
(9) Materials (Trace)
Technician. An applicant for a Forensic Analyst License limited to materials
(trace) technician must have a minimum of a high school diploma or equivalent
degree.
(10) Foreign/Non-U.S.
degrees. The Commission shall recognize equivalent foreign, non-U.S.
baccalaureate or advanced degrees. The Commission reserves the right to charge
licensees a reasonable fee for credential evaluation services to assess how a
particular foreign degree compares to a similar degree in the United States.
The Commission may accept a previously obtained credential evaluation report
from an applicant or licensee in fulfillment of the degree comparison
assessment.
(11) If an applicant
does not meet the minimum education qualifications outlined in this section,
the procedure in subsection (f) or (j) of this section
applies.
(e) Specific
Coursework Requirements.
(1) Seized Drugs
Analyst. An applicant for a Forensic Analyst License in seized drugs must have
a minimum of sixteen-semester credit hours (or equivalent) in college-level
chemistry coursework above general coursework from an accredited university. In
addition to the chemistry coursework, an applicant must also have a
three-semester credit hour (or equivalent) college-level statistics course from
an accredited university or a program approved by the Commission.
(2) Toxicology. An applicant for a Forensic
Analyst License in toxicology must fulfill required courses as appropriate to
the analyst's role and training program as described in the categories below:
(A) Toxicology Analyst (Alcohol Only,
Non-interpretive). A toxicology analyst who conducts, directs or reviews the
alcohol analysis of forensic toxicology samples, evaluates data, reaches
conclusions and may sign a report for court or investigative purposes, but does
not provide interpretive opinions regarding human performance must complete a
minimum of sixteen-semester credit hours (or equivalent) in college-level
chemistry coursework above general coursework from an accredited
university.
(B) Toxicology Analyst
(General, Non-interpretive). A toxicology analyst who conducts, directs or
reviews the analysis of forensic toxicology samples, evaluates data, reaches
conclusions and may sign a report for court or investigative purposes, but does
not provide interpretive opinions regarding human performance, must complete a
minimum of sixteen-semester credit hours (or equivalent) in college-level
chemistry coursework above general coursework that includes organic chemistry
and two three-semester credit hour (or equivalent) college-level courses in
analytical chemistry and/or interpretive science courses that may include
Analytical Chemistry, Chemical Informatics, Instrumental Analysis, Mass
Spectrometry, Quantitative Analysis, Separation Science, Spectroscopic
Analysis, Biochemistry, Drug Metabolism, Forensic Toxicology, Medicinal
Chemistry, Pharmacology, Physiology, or Toxicology.
(C) Toxicologist (Interpretive). A
toxicologist who provides interpretive opinions regarding human performance
related to the results of toxicological tests (alcohol and general) for court
or investigative purposes must complete a minimum of sixteen-semester credit
hours (or equivalent) in college-level chemistry coursework above general
coursework that includes organic chemistry, one three-semester credit hour (or
equivalent) course in college-level analytical chemistry (Analytical Chemistry,
Chemical Informatics, Instrumental Analysis, Mass Spectrometry, Quantitative
Analysis, Separation Science or Spectroscopic Analysis) and one three-semester
credit hour (or equivalent) college-level courses in interpretive science.
(Biochemistry, Drug Metabolism, Forensic Toxicology, Medicinal Chemistry,
Pharmacology, Physiology, or Toxicology).
(D) An applicant for a toxicology license for
any of the categories outlined in subparagraphs (A) - (C) of this paragraph
must have a three-semester credit hour (or equivalent) college-level statistics
course from an accredited university or a program approved by the
Commission.
(3) DNA
Analyst. An applicant for a Forensic Analyst License in DNA analysis must
demonstrate he/she has fulfilled the specific requirements of the Federal
Bureau of Investigation's Quality Assurance Standards for Forensic DNA Testing
effective September 1, 2011. An applicant must also have a three-semester
credit hour (or equivalent) college-level statistics course from an accredited
university or a program approved by the Commission.
(4) Firearm/Toolmark Analyst. An applicant
must have a three-semester credit hour (or equivalent) college-level statistics
course from an accredited university or a program approved by the Commission.
No other specific college-level coursework is required.
(5) Materials (Trace) Analyst. An applicant
for a Forensic Analyst License in materials (trace) for one or more of the
chemical analysis categories of analysis (chemical determination,
physical/chemical comparison, gunshot residue analysis, and fire debris and
explosives analysis) must have a minimum of sixteen-semester credit hours (or
equivalent) in college-level chemistry coursework above general coursework from
an accredited university. In addition to chemistry coursework for the chemical
analysis categories, all materials (trace) license applicants must also have a
three-semester credit hour (or equivalent) college-level statistics course from
an accredited university or a program approved by the Commission. An applicant
for a Forensic Analyst License in materials (trace) limited to impression
evidence is not required to fulfill any specific college-level coursework
requirements other than the statistics requirement.
(6) Exemptions from specific coursework
requirements. The following categories of licenses are exempted from coursework
requirements:
(A) An applicant for the
technician license category of any forensic discipline set forth in this
subchapter is not required to fulfill any specific college-level coursework
requirements.
(B) An applicant for
a Forensic Analyst License limited to forensic biology screening, nucleic acids
other than human DNA and/or Forensic Biology Technician is not required to
fulfill the Federal Bureau of Investigation's Quality Assurance Standards for
Forensic DNA Testing or any other specific college-level coursework
requirements.
(f) Requirements Specific to Forensic Science
Degree Programs. For a forensic science degree to meet the Minimum Education
Requirements set forth in this section, the forensic science degree program
must be either accredited by the Forensic Science Education Programs
Accreditation Commission (FEPAC) or if not accredited by FEPAC, it must meet
the minimum curriculum requirements pertaining to natural science core courses
and specialized science courses set forth in the FEPAC Accreditation
Standards.
(g) Waiver of Specific
Coursework Requirements and/or Minimum Education Requirements for Lateral
Hires, Promoting Analysts and Current Employees. Specific coursework
requirements and minimum education requirements are considered an integral part
of the licensing process; all applicants are expected to meet the requirements
of the forensic discipline(s) for which they are applying or to offer
sufficient evidence of their qualifications as described below in the absence
of specific coursework requirements or minimum education requirements. The
Commission Director or Designee may waive one or more of the specific
coursework requirements or minimum education requirements outlined in this
section for an applicant who:
(1) has five or
more years of credible experience in an accredited laboratory in the forensic
discipline for which he or she seeks licensure; or
(2) is certified by one or more of the
following nationally recognized certification bodies in the forensic discipline
for which he or she seeks licensure;
(A) The
American Board of Forensic Toxicology;
(B) The American Board of Clinical
Chemistry;
(C) The American Board
of Criminalistics;
(D) The
International Association for Identification; or
(E) The Association of Firearm and Toolmark
Examiners; and
(3)
provides written documentation of laboratory-sponsored training in the subject
matter areas addressed by the specific coursework requirements.
(4) An applicant must request a waiver of
specific coursework requirements and/or minimum education requirements at the
time the application is filed.
(5)
An applicant requesting a waiver from specific coursework requirements and/or
minimum education requirements shall file any additional information needed to
substantiate the eligibility for the waiver with the application. The
Commission Director or Designee shall review all elements of the application to
evaluate waiver request(s) and shall grant a waiver(s) to qualified
applicants.
(h) General
Forensic Analyst Licensing Exam Requirement.
(1) Exam Requirement. An applicant for a
Forensic Analyst License must pass the General Forensic Analyst Licensing Exam
administered by the Commission.
(A) An
applicant is required to take and pass the General Forensic Analyst Licensing
Exam one time.
(B) An applicant may
take the General Forensic Analyst Licensing Exam no more than three times. If
an applicant fails the General Forensic Analyst Licensing Exam or the Modified
General Forensic Analyst Licensing Exam three times, the applicant has thirty
(30) days from the date the applicant receives notice of the failure to request
special dispensation from the Commission as described in subparagraph (C) of
this paragraph. Where special dispensation is granted, the applicant has 90
days from the date he or she receives notice the request for exam is granted to
successfully complete the exam requirement. However, for good cause shown, the
Commission or its Designee at its discretion may waive this
limitation.
(C) Requests for Exam.
If an applicant fails the General Forensic Analyst Licensing Exam or Modified
General Forensic Analyst Licensing Exam three times, the applicant must request
in writing special dispensation from the Commission to take the exam more than
three times. Applicants may submit a letter of support from their laboratory
director or licensing representative and any other supporting documentation
supplemental to the written request.
(D) If an applicant sits for the General
Forensic Analyst Licensing Exam or the Modified General Forensic Analyst
Licensing Exam more than three times, the applicant must pay a $50 exam fee
each additional time the applicant sits for the exam beyond the three initial
attempts.
(E) Expiration of
Provisional License if Special Dispensation Exam Unsuccessful. If the 90-day
period during which special dispensation is granted expires before the
applicant successfully completes the exam requirement, the applicant's
provisional license expires.
(2) Modified General Forensic Analyst
Licensing Exam. Technicians in any discipline set forth in this subchapter may
fulfill the General Forensic Analyst Licensing Exam requirement by taking a
modified exam administered by the Commission.
(3) Examination Requirements for Promoting
Technicians. If a technician passes the modified General Forensic Analyst
Licensing Exam and later seeks a full Forensic Analyst License, the applicant
must complete the portions of the General Forensic Analyst Exam that were not
tested on the modified exam.
(4)
Credit for Pilot Exam. If an individual passes the Pilot General Forensic
Analyst Licensing Exam, regardless of his or her eligibility status for a
Forensic Analyst License at the time the exam is taken, the candidate has
fulfilled the General Forensic Analyst Licensing Exam Requirement of this
section should he or she later become subject to the licensing requirements and
eligible for a Forensic Analyst License.
(5) Eligibility for General Forensic Analyst
Licensing Exam and Modified General Forensic Analyst Licensing Exam.
(A) Candidates for the General Forensic
Analyst Licensing Exam and Modified General Forensic Analyst Licensing Exam
must be employees of a crime laboratory accredited under Texas law or employed
by an agency rendering them eligible for a voluntary license under
§651.222 (Voluntary Forensic Analyst Licensing Requirements
Including Eligibility, License Term, Fee and Procedure for Denial of Initial
Application or Renewal Application and Reconsideration) of this
subchapter to be eligible to take the exam.
(B) Student Examinee Exception. A student is
eligible for the General Forensic Analyst Licensing Exam one time if the
student:
(i) is currently enrolled in an
accredited university as defined in §651.202 of this subchapter (relating
to Definitions);
(ii) has completed
sufficient coursework to be within 24 semester hours of completing the
requirements for graduation at the accredited university at which the student
is enrolled; and
(iii) designates
an official university representative who will proctor and administer the exam
at the university for the student.
(C) Crime Laboratory Management and
Unaccredited Forensic Discipline Exception. An Employee of a crime laboratory
accredited under Texas law who is either part of the crime laboratory's
administration or management team or authorized for independent casework in a
forensic discipline listed below is eligible for the General Forensic Analyst
Licensing Exam and Modified General Forensic Analyst Licensing Exam:
(i) forensic anthropology;
(ii) the location, identification, collection
or preservation of physical evidence at a crime scene;
(iii) crime scene reconstruction;
(iv) latent print processing or
examination;
(v) digital evidence
(including computer forensics, audio, or imaging);
(vi) breath specimen testing under
Transportation Code, Chapter 724, limited to analysts who perform breath
alcohol calibrations; and
(vii)
document examination, including document authentication, physical comparison,
and product determination.
(i) Proficiency Monitoring Requirement.
(1) An applicant must demonstrate
participation in the employing laboratory's process for intra-laboratory
comparison, inter-laboratory comparison, proficiency testing, or
observation-based performance monitoring requirements in compliance with and on
the timeline set forth by the laboratory's accrediting body's proficiency
monitoring requirements as applicable to the Forensic Analyst or Forensic
Technician's specific forensic discipline and job duties.
(2) A signed certification by the
laboratory's authorized representative that the applicant has satisfied the
applicable proficiency monitoring requirements, including any intra-laboratory
comparison, inter-laboratory comparison, proficiency testing, or
observation-based performance monitoring requirements of the laboratory's
accrediting body as of the date of the analyst's application, must be provided
on the Proficiency Monitoring Certification form provided by the Commission.
The licensee's authorized representative must designate the specific forensic
discipline in which the Forensic Analyst or Forensic Technician actively
performs forensic casework or is currently authorized to perform supervised or
independent casework by the laboratory or employing entity.
(j) Mandatory Legal and Professional
Responsibility Course:
(1) All Forensic
Analyst and Forensic Technician License applicants must complete the current
Commission-sponsored mandatory legal and professional responsibility update at
the time of their application or demonstrate that they have taken the training
within the 12-month period preceding the date of their application.
(2) Mandatory legal and professional
responsibility training topics may include training on current and past
criminal forensic legal issues, professional responsibility and human factors,
courtroom testimony, disclosure and discovery requirements under state and
federal law, and other relevant topics as designated by the
Commission.
Notes
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