37 Tex. Admin. Code § 651.208 - Forensic Analyst and Forensic Technician License Renewal
(a) Timing of Application for Renewal. The
Commission may renew an individual's Forensic Analyst or Forensic Technician
License up to 60 days before the expiration of the individual's license
term.
(b) Renewal Term. The renewal
date of a Forensic Analyst or Forensic Technician License is every two years on
the day before the initial application was granted, unless the applicant is a
licensee who was initially licensed before January 1, 2024, and is renewing
their license on or before December 31, 2026. Licensees renewing between
January 1, 2024 and December 31, 2026 expire on the last day of the license
holder's birth month.
(c) Renewal
Fees. The biennial renewal fee is $200 for Forensic Analysts and $130 for
Forensic Technicians. Renewal fees for Forensic Analysts and Forensic
Technicians initially licensed before January 1, 2024 and renewing on or before
December 31, 2026 will be pro-rated on a monthly basis depending upon the birth
month of the renewing license holder and the number of months in the renewal
term as described in subsection (b) of this section. The pro-rated fee will be
assessed at $8.33 per month (for Forensic Analysts) and $5.42 per month (for
Forensic Technicians).
(d)
Application. An applicant for a Forensic Analyst or Forensic Technician License
renewal shall complete and submit to the Commission a current Forensic Analyst
or Forensic Technician License Renewal Application provided by the Commission,
pay the required fee, attach documentation of fulfillment of Continuing
Forensic Education and other requirements set forth in this section.
(e) Proficiency Monitoring Certification Form
for Renewal Applicants Employed by an Accredited Laboratory. An applicant for a
Forensic Analyst or Forensic Technician License renewal must provide an updated
copy of the Commission's Proficiency Monitoring Certification form
demonstrating the applicant participates in the 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 requirements
as applicable to the Forensic Analyst or Forensic Technician's specific
forensic discipline and job duties. The form must be:
(1) signed by the licensee's authorized
laboratory representative; and
(2)
designate the specific forensic discipline in which the Forensic Analyst or
Forensic Technician actively performs forensic casework or is currently
authorized or currently participating in a training program to become
authorized to perform supervised or independent forensic casework.
(f) Proficiency Monitoring
Certification Form for Renewal Applicants Not Employed at an Accredited
Laboratory or at an Accredited Laboratory in a Forensic Discipline Not Covered
by the Scope of the Laboratory's Accreditation.
An applicant for a Forensic Analyst or Forensic Technician license renewal who is employed by an entity other than an accredited laboratory or performs a forensic examination or test at an accredited laboratory in a forensic discipline not covered by the scope of the laboratory's accreditation must provide the following items.
(1) an updated copy of the Commission's
Proficiency Monitoring Certification form demonstrating the applicant
participates in the laboratory or employing entity'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 or employing entity's
Commission-approved process for proficiency monitoring as applicable to the
Forensic Analyst or Forensic Technician's specific forensic discipline and job
duties:
(A) signed by the licensee's
authorized laboratory representative; and
(B) designating 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 forensic casework;
(2) written proof of the Forensic Science
Commission's approval of the laboratory or employing entity's proficiency
monitoring activities or exercise(s) as applicable to the applicant's specific
forensic discipline and job duties; and
(3) written documentation of performance in
conformance with expected consensus results in compliance with and on the
timeline set forth by the laboratory or employing entity's Commission-approved
proficiency monitoring activities or exercise(s) as applicable to the
applicant's specific forensic discipline and job duties.
(g) Continuing Forensic Education Including
Mandatory Legal and Professional Responsibility:
(1) Forensic Analyst and Forensic Technician
Licensees must complete a Commission-sponsored mandatory legal and professional
responsibility update by the expiration of each two-year license cycle as
provided by the Commission. Forensic Technicians are not required to complete
any other continuing forensic education requirements listed in this
section.
(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.
(3) All forensic
analysts shall be required to satisfy the following Continuing Forensic
Education Requirements by the expiration of each two-year license cycle:
(A) Completion of thirty-two (32) continuing
forensic education hours per 2-year license cycle.
(B) Sixteen (16) hours of the thirty-two (32)
must be discipline-specific training, peer-reviewed journal articles, and/or
conference education hours. If a licensee is licensed in multiple forensic
disciplines, at least eight (8) hours of discipline-specific training in each
forensic discipline are required, subject to the provisions set forth in
subsection (f) of this section.
(C)
The remaining sixteen (16) hours may be general forensic training,
peer-reviewed journal articles, and/or conference education hours that include
hours credited for the mandatory legal and professional responsibility
training.
(4) Continuing
forensic education programs will be offered and/or designated by the Commission
and will consist of independent, online trainings, readings, and participation
in recognized state, regional, and national forensic conferences and
workshops.
(5) Approved continuing
forensic education hours are applied for credit on the date the program and/or
training is delivered.
(h) Timeline for Exemption from Supplemental
Continuing Forensic Education Requirements. Where a current licensee adds a
forensic discipline to the scope of his or her license, the following
continuing forensic education requirements apply for the supplemental forensic
discipline:
(1) If the supplemental forensic
discipline is added less than six (6) months prior to the expiration of the
analyst's current license, no additional discipline-specific training is
required for the supplemental forensic discipline.
(2) If the supplemental forensic discipline
is added six (6) months or more but less than eighteen (18) months prior to the
expiration of the analyst's current license, four (4) additional
discipline-specific training hours are required for the supplemental forensic
discipline.
(3) If the supplemental
forensic discipline is added eighteen (18) months or more prior to the
expiration of the analyst's current license, eight (8) additional
discipline-specific training hours are required for the supplemental forensic
discipline.
(i) If an
applicant fails to fulfill any or all of the requirements pertaining to license
renewal, continuing forensic education and the mandatory legal and professional
responsibility update, the applicant may apply to the Commission for special
dispensation on a form to be provided on the Commission's website. Upon
approval by the Commission, the applicant may be allowed an extension of time
to fulfill remaining continuing forensic education requirements.
(j) Temporary Exception to Continuing
Forensic Education Requirements During January 2024 to December 2026 Transition
from Application to Birthdate-Based Renewal Terms. For any licensee who has
less than two years to complete the continuing forensic education requirements
in subsection (g) of this section as a result of the transition from
application-based renewal to birthdate-based renewal, the number of required
continuing education hours in subsection (g)(3)(A) and (B) of this section for
license renewal shall be pro-rated based on the number of months in the renewal
term.
(k) Subsections (j) and (k)
of this section expire on December 31, 2026.
Notes
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