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Environmental Education Associates
Texas State
Department of State Health Services
Mold Certification Training Program
Description of
Mold Certification Training Programs
Environmental Education Associates offers certification
training for mold assessment and remediation under the Texas Mold Assessment
and Remediation Rules (TMARR) (25 TAC §§295.301-295.338).
Environmental Education Associates mold
assessment and remediation certification training program is accredited by the
Texas State Department of State Health Services.
The Texas State Department of State Health Services (DSHS)
Texas Mold Assessment and Remediation Rules (TMARR) permit Environmental
Education Associates to present mold assessment and remediation certification
training programs to those who are conducting, or intend to conduct lead to
perform mold assessment and remediation activities in the state of Texas.
Texas is currently the only unit of government in the United States that offers an accredited mold certification training program. Environmental Education Associates is
currently the only accredited mold certification training provider located
outside of the State of Texas with the Texas State Department of State Health
Services (DSHS) Texas Mold Assessment and Remediation Rules (TMARR)
accreditation to provide each of the approved mold certification training
courses
To be eligible for
certification to perform work as a mold assessment or remediation professional the Texas State Department of State Health
Services (DSHS) Texas Mold Assessment and Remediation Rules (TMARR) you are required
to attend an initial training course in the discipline for which you are
requesting certification. Training courses must be through a training provider
who has received accreditation from the Texas State Department of State Health Services (DSHS).
Experience and
Education * the Mold remediation Contractor, Mold Assessment Technician and Mold
Assessment Consultant disciplines have specific education and/or experience
requirements. See the list below to determine if you meet the experience and/or
eligibility requirements for the discipline for which you are requesting
certification.
Certification Examination * In addition to the course completion
examination given at the training course, certification in the mold assessment
technician, mold assessment consultant and mold remediation contractor
disciplines requires that you take and pass a Texas State Department of State Health Services
(DSHS) certification examination. You must take and pass the certification
examination within six months of receiving a course completion certificate.
There are a total of four different Texas State Department of State Health
Services (DSHS) Texas Mold Assessment and Remediation Rules (TMARR) mold certifications, including
the mold remediation worker, the mold remediation contractor, the mold
assessment technician and the mold assessment consultant.
Each of these mold assessment and remediation certifications
requires a refresher every two years. Each lead-based paint certification
refresher training is one day (8 hours) in length.
Environmental Education Associates offers the mold
remediation worker, the mold remediation contractor, the mold assessment
technician and the mold assessment consultant courses according to the Texas State Department of State Health
Services (DSHS) Texas Mold Assessment and Remediation Rules (TMARR)
Environmental Education Associates Mold Remediation
Worker * the initial mold remediation worker certification course is one
day (8 hours) in length. Texas Mold
Assessment and Remediation Rules stipulate that an individual must
be registered as a mold remediation worker to perform mold remediation and must
be employed by a licensed mold remediation contractor or company. Training
consists of topics such as: sources of indoor mold and conditions necessary for
indoor mold growth; potential health effects; workplace hazards and safety;
technical and legal considerations; an overview of how mold remediation
projects are conducted; work practices for removing, cleaning, and treating
mold. This course consists of lectures, demonstrations, audio-visuals and
hands-on training. Those who complete the mold remediation worker training are
required to apply to the Texas
State Department of State Health Services (DSHS) for a mold
remediation worker certification.
Environmental Education Associates Mold Remediation Contractor Certification * the initial lead abatement contractor
certification is five days (forty hours) in length. Texas Mold Assessment
and Remediation Rules stipulate that an individual licensed as a
mold remediation contractor may perform mold remediation and supervise
registered mold remediation workers performing mold remediation. In addition, a
licensed mold remediation contractor is licensed to provide mold remediation
services including: preparing a mold remediation work plan providing
instructions for the remediation efforts to be performed for a mold remediation
project; and conducting and interpreting the results of activities recommended
in a work plan. This course consists of 40 training hours that includes
lectures, demonstrations, audio-visuals and hands-on training, course review,
and a written test of 100 multiple-choice questions. Those who complete the mold remediation
contractor training are required to apply to the Texas State Department of State Health Services (DSHS) for a
mold remediation contractor certification.
Environmental Education Associates Mold Assessment
Technician * the initial mold assessment technician certification is three
days (24 hours) in length. Texas
Mold Assessment and Remediation Rules stipulate that an individual
licensed as a mold assessment technician is authorized to determine the
location and extent of mold or suspected mold present in a facility. A mold
assessment technician is licensed to: record visual observations and take
on-site measurements, including temperature, humidity, and moisture levels,
during an initial or post-remediation mold assessment; collect samples for mold
analysis during an initial mold assessment; prepare a mold assessment report;
and as directed by an on-site assessment consultant, collect samples during a
post-remediation mold assessment. This course consists of 24 training hours
that includes lectures, demonstrations, audio-visuals and hands-on training,
course review, and a written test of 50 multiple-choice questions. Those who complete the mold assessment
technician training are required to apply to the Texas State Department of State Health Services (DSHS) for a mold
assessment technician certification.
Environmental Education Associates Mold Assessment
Consultant - the mold assessment consultant certification training is five
days (40 hours) in length. Texas
Mold Assessment and Remediation Rules stipulate that a licensed mold
assessment consultant is licensed to: plan surveys to identify conditions
favorable for indoor mold growth or to determine the presence, extent, amount,
or identity of mold or suspected mold in a building; conduct activities
recommended in a plan developed; determine locations at which a licensed mold
assessment technician will record observations, take measurements, or collect
samples; prepare a mold assessment report; develop a mold management plan for a
building; prepare a mold remediation protocol; evaluate a mold remediation
project for the purpose of certifying that mold contamination identified for
the remediation project has been remediated as outlined in a mold remediation
protocol; evaluate a mold remediation project for the purpose of certifying
that the underlying cause of the mold has been remediated so that it is
reasonably certain that the mold will not return from that remediated cause.
This course consists of 40 training hours that includes lectures,
demonstrations, audio-visuals and hands-on training, course review, and a
written test of 100 multiple-choice questions.
Those who complete the mold assessment consultant training are required
to apply to the Texas State
Department of State Health Services (DSHS) for a mold assessment
consultant certification.
Note: An individual licensed under as a mold
assessment consultant is also licensed to perform all activities of a mold
assessment technician.
CONSUMER MOLD INFORMATION
SHEET*
Regulation of Mold Assessment
and Remediation in Texas
How are businesses that do testing for mold or mold cleanup
regulated?
Such
businesses are now regulated by the Department of State Health Services (DSHS),
based on legislation passed in 2003 (Texas
Occupations Code, Chapter 1958).
Under the Texas
Mold Assessment and Remediation Rules (Rules) (25
TAC §§295.301-295.338),
all companies and individuals who perform mold-related activities will have to
obtain appropriate licensing from the department by January 1, 2005. Applicants
must meet certain qualifications, have required training and pass a state exam
in order to receive their licenses. Mold
remediation workers must have training and be registered with the
department. Laboratories that analyze
mold samples must also be licensed and meet certain qualifications. The rules set minimum work standards that
licensees must follow and require them to follow a code of ethics. To prevent
conflicts of interest, the rules also prohibit a licensee from conducting both
mold assessment and mold remediation on the same project.
How can I know if someone is licensed?
A
licensed individual is required to carry a photo ID issued by the department
with a license number on it. The names
of currently licensed companies and individuals are available on the Mold
Licensing Program website at: www.tdh.state.tx.us/beh/mold.
What is 'mold assessment?'
Mold assessment involves
an inspection of a building to evaluate whether mold growth is present, and to
what extent. Samples may be taken to
determine the amount and types of mold that are present; however, sampling is
not necessary in many cases. A mold assessment consultant is responsible for developing
a mold remediation protocol, that specifies the estimated quantities and
locations of materials to be remediated, the proposed methods to use and
clearance criteria that must be met.
What is meant by 'clearance
criteria?'
Clearance criteria refer
to the level of 'cleanliness' that is to be achieved by the persons conducting
the mold clean up. It is very important
that you understand and agree with the assessor prior to starting the project
what an acceptable clearance level will be, including what will be acceptable
results for any air sampling or surface sampling for mold. There are no national or state standards
identifying a 'safe' level of mold.
Mold spores are a natural part of the environment that are always
present at some level in the air and on surfaces all around us. See below for
more information about post-remediation assessments.
What is 'mold remediation?'
Mold remediation is the
clean up and removal of mold growth from surfaces and/or contents in a
building. It also refers to actions taken to prevent mold from growing. Mold remediators must follow the mold
remediation protocol described above and their own mold
remediation work plan that provides specific instructions and/or standard
operating procedures for how the project will be done.
Before a remediation project can
be deemed successful, a post-remediation assessment must be conducted by
a mold assessment consultant. This
is an inspection to ensure that the work area is free from all visible mold and
wood rot, the project was completed in compliance with the remediation protocol
and remediation work plan, and meets all clearance criteria that were specified
in the protocol. The assessment
consultant must give you a passed clearance report documenting the
results of this inspection. If the
project fails clearance, further remediation as prescribed by a consultant will
be necessary.
What is a Certificate of Mold
Remediation?
No later than 10 days after a mold remediation job has passed a
clearance inspection, the remediation contractor is required to give you a Certificate
of Mold Remediation. This
certificate must also be signed by the licensed mold assessment consultant
who conducted the post-remediation assessment.
The consultant is required to state on the certificate that the mold
contamination identified for the project has been remediated and whether or not
the underlying cause of the mold has been corrected. (That work may involve other types of
professional services that are not regulated by these rules, such as plumbers
or carpenters.) Receiving a Certificate
of Mold Remediation documenting that the underlying cause of the mold was
remediated is an advantage for a homeowner.
This certificate prevents an insurer from make an underwriting decision
on the residential property based on previous mold damage or a claim for mold
damage. If you later sell your property,
the law requires that you provide the buyer a copy of all Certificates of
Mold Remediation you have received for that property.
How is a property owner protected if a mold
assessor or remediator does a poor job or actually damages the property?
************************************************************************************************************
*State law [25 TAC
295.306(c)] requires a licensee, except for a mold analysis
laboratory, who is overseeing mold-related activities, to give each client a
copy of this Consumer Mold Information Sheet before starting any
mold-related activity.
Texas Mold
Assessment
and
Remediation Rules
Effective Date: May 16, 2004
Indoor
Air Quality Program
Toxic Substances Control Division
Texas Department of Health
1100 West 49th Street
Austin, Texas 78756
512-834-4509 or 1-800-293-0753
www.tdh.state.tx.us/beh/iaq
§295.301. General Provisions.
(a) Purpose. This subchapter implements the provisions of
the Texas Occupations Code, Chapter 1958 (relating to Mold Assessors and
Remediators), concerning the regulation of mold assessors and remediators
conducting mold-related activities that affect indoor air quality.
(b) Scope. This subchapter contains requirements for the
licensing and registration of persons performing mold assessments and mold
remediation, requirements for the accreditation of mold training providers,
minimum work standards for the conduct of mold assessments and remediation by
licensed and registered persons, a code of ethics, and penalties.
(c) Severability. Should any section or subsection in this
subchapter be found to be void for any reason, such finding shall not affect
any other sections.
(d) TexasOnline. The department is authorized to collect
subscription and convenience fees, in amounts determined by the TexasOnline
Authority, to recover costs associated with processing applications,
examinations, and notifications specified under this subchapter through
TexasOnline, in accordance with the Texas Government Code, Chapter 2054,
§2054.111 (relating to Use of TexasOnline Project).
§295.302. Definitions. The following words and terms within this
subchapter shall have the following meanings, unless the context clearly
indicates otherwise.
(1) Accredited training
program - A training program that has been accredited by the department to
provide training for persons seeking licensure or registration under this
subchapter.
(2) Act - The Texas
Occupations Code, Chapter 1958 (relating to Mold Assessors and Remediators).
(3) Allied field - Mold
assessment, mold remediation, and any field whose principles and practices are
applicable to mold assessment or mold remediation, including asbestos
abatement, lead abatement, industrial hygiene, building sciences, public
health, and environmental remediation.
(4) Assessor - A person who
conducts mold assessment as defined in this section and who is licensed under
this subchapter as a mold assessment technician, mold assessment consultant, or
mold assessment company.
(5) Building sciences - The
field of study covering the design, construction, management, and performance
of building systems, including structures, enclosures, electrical and
mechanical systems, environmental systems (such as temperature and moisture
control), safety systems (such as fire suppression and alarms), lighting,
acoustics, and diagnosis and correction of problems with building systems.
(6) Commissioner - The Texas
Commissioner of Health or his successor.
(7) Consumer Mold Information
Sheet - A document prepared and made available by the department that describes
the persons who are required to be licensed under this subchapter and provides
information on mold assessment and mold remediation, including how to contact
the department for more information or to file a complaint. A licensee under this subchapter who is
overseeing mold-related activities, with the exception of activities performed
by a mold analysis laboratory, must ensure that each client is provided a copy
of the Consumer Mold Information Sheet prior to the initiation of any
mold-related activity.
(8) Containment - A component
or enclosure designed or intended to control the release of mold or
mold-containing dust or materials into surrounding areas in the building. The broad category of containment includes
such sub-categories as walk-in containment, surface containment (such as plastic
sheeting), and containment devices (such as wall-mounted glove boxes).
(9) Containment area - An
area that has been enclosed to control
the release of mold or mold-containing dust or materials into
surrounding areas.
(10) Contiguous - In close
proximity; neighboring.
(11) Contiguous square feet -
See "Total surface area of contiguous square feet".
(12) Credential - A license,
registration, or accreditation issued under this subchapter.
(13) Department - The Texas
Department of Health or its successor.
(14) Employee - An individual
who is paid a salary, wage, or remuneration by another person or entity for
services performed and over whom the person or entity exerts supervision or
control as to the place, time, and manner of the individual's work.
(15) Facility - Any
institutional, commercial, public, governmental, industrial or residential
structure or building.
(16) Indoor air - Air within
the envelope of a building, including air in spaces normally occupied by
persons in the building but excluding air in attics and crawl spaces that are
vented to the outside of the building.
(17) Indoor mold - Mold
contamination that was not purposely grown or brought into a building and that
has the potential to affect the indoor air quality of the building.
(18) License - Any license
issued under this subchapter. The term
"license" does not include a registration, accreditation, or approval
issued under this subchapter.
(19) Mold - Any living or
dead fungi or related products or parts, including spores, hyphae, and
mycotoxins.
(20) Mold analysis - The
examination of a sample collected during a mold assessment for the purpose of:
(A) determining the
amount or presence of or identifying the genus or species of any living or dead
mold or related parts (including spores and hyphae) present in the sample;(B) growing or
attempting to grow fungi for the purposes of subparagraph (A) of this
paragraph; or
(C) identifying or
determining the amount or presence of any fungal products, including but not
limited to mycotoxins and fungal volatile organic compounds, present in the
sample.
(21) Mold analysis laboratory
- A person, other than an individual, that performs mold or mold-related
analysis on a sample collected to determine the presence, identity, or amount
of indoor mold in the sample.
(22) Mold assessment -
Activity that involves:
(A) an inspection,
investigation, or survey of a dwelling or other structure to provide the owner
or occupant with information regarding the presence, identification, or
evaluation of mold;
(B) the development
of a mold management plan or mold remediation protocol; or
(C) the collection
or analysis of a mold sample.
(23) Mold assessment report -
A document, prepared by a licensed mold assessment consultant or licensed mold
assessment technician for a client, that describes any observations made,
measurements taken, and locations and analytical results of samples taken by an
assessment consultant or by an assessment technician during a mold
assessment. An assessment report can be
either a stand-alone document or a part of a mold management plan or mold
remediation protocol prepared by a mold assessment consultant.
(24) Mold management plan - A
document, prepared by a licensed mold assessment consultant for a client, that
provides guidance on how to prevent and control indoor mold growth at a
location.
(25) Mold-related activities
- The performance of mold assessment, mold remediation or any other related
activities.
(26) Mold remediation - The
removal, cleaning, sanitizing, demolition, or other treatment, including
preventive activities, of mold or mold-contaminated matter that was not
purposely grown at a location.
Preventive activities include those intended to prevent future mold
contamination of a remediated area, including applying biocides or
anti-microbial compounds.
(27) Mold remediation
protocol (mold remediation work analysis) - A document, prepared by a licensed
mold assessment consultant for a client, that specifies the estimated
quantities and locations of materials to be remediated and the proposed
remediation methods and clearance criteria for each type of remediation in each
type of area for a mold remediation project.
(28) Mold remediation work plan
- A document, prepared by a licensed mold remediation contractor that provides
specific instructions and/or standard operating procedures for how a mold
remediation project will be performed.
(29) Office - A stationary
physical location assigned a street address by the United States Postal
Service, where a licensee or an employee of a licensee may be contacted to
conduct business related to mold assessment and/or mold remediation.
(30) Person - An individual,
corporation, company, contractor, subcontractor, association, firm,
partnership, joint stock company, foundation, institution, trust, society,
union, governmental entity, or any other association of individuals.
(31) Program administrator -
The administrator of the department's Mold Licensing Program.
(32) Project - All activities
connected with a mold remediation work plan, including activities necessary for
the preparation of the work plan and any associated mold remediation
protocol(s), site preparation, and post-remediation assessment and clearance.
(33) Remediator - A person
who conducts mold remediation as defined in this section and who is
credentialed under this subchapter as a mold remediation worker, mold
remediation contractor, or mold remediation company.
(34) Residential dwelling
unit - A detached single-family dwelling; an attached single-family dwelling in
a building that contains two or more separate single-family dwellings; or a
bedroom in group housing. Examples of
residential dwelling units include single homes, mobile homes (house trailers),
duplexes, apartments, and condominiums.
In group housing, such as dormitories, fraternity or sorority houses,
and boarding houses, each bedroom is a residential dwelling unit.
(35) Residential property - A
building containing one or more residential dwelling units intended to provide
living quarters for more than a transitory period, including a residential
property that is vacant or under construction.
A residential property includes dormitories and employee housing in a non-residential
setting (e.g., staff housing at an institutional or commercial facility). Residential properties do not include:
(A) lodgings (such
as hotels and motels) that rent units on a transient basis;
(B) institutional
facilities that provide care or oversight for residents or inmates (such as
hospitals, nursing homes, homes for children with physical or mental
disabilities, mental institutions, jails, prisons and detention centers); and
(C) former
residential properties that do not currently provide living quarters (such as
houses converted into shops or restaurants).
(36) Responsible person - An
employee or principal designated by a licensed mold assessment company, mold
remediation company, or mold analysis laboratory or by an accredited mold
training provider as responsible for its operations and compliance with rules
concerning mold-related activities or mold-related training.
(37) Routine cleaning -
Cleaning that is ordinarily done on a regular basis and in a regular course of procedures.
(38) Start date - The date on
which the actual remediation of mold begins.
(39) Stop date (completion
date) - The date following the date on which final clearance is achieved
following a mold remediation project.
(40) Supervise - To direct
and exercise control over the activities of a person by being physically
present at the job site or, if not physically present, accessible by telephone
and able to be at the site within one hour of being contacted.
(41) Survey - An activity
undertaken in a building to determine the presence, location, or quantity of
indoor mold or to determine the underlying condition(s) contributing to indoor
mold contamination, whether by visual or physical examination or by collecting
samples of potential mold for further analysis.
(42) Total surface area of
contiguous square feet - The contiguous area of surface material that needs to
be cleaned or removed to remediate visible mold contamination.
(43) Training hours - Hours
spent in classroom instruction, hands-on activities, and field trips, including
time used for course tests and brief breaks but not including scheduled lunch
periods.
(44) Visible - Exposed to
view; capable of being seen.
(45) Work analysis - A mold
remediation protocol.
(46) Work plan - A mold
remediation work plan.
(47) Working days - Monday
through Friday, including holidays that fall on those days.
§295.303. Exceptions and Exemptions.
(a) Exceptions. This subchapter does not apply to:
(1) the following activities
when not conducted for the purpose of mold assessment or mold remediation:
(A) routine
cleaning;
(B) the diagnosis,
repair, cleaning, or replacement of plumbing, heating, ventilation, air
conditioning, electrical, or air duct systems or appliances;
(C) commercial or
residential real estate inspections; and
(D) the incidental
discovery or emergency containment of potential mold contamination during the
conduct or performance of services listed in this subsection. For purposes of this subsection, an emergency
exists if a delay in mold remediation services in response to a water damage
occurrence would increase mold contamination;
(2) the repair, replacement,
or cleaning of construction materials during the building phase of the
construction of a structure;
(3) the standard performance
of custodial activities for, preventive maintenance of, and the routine
assessment of property owned or operated by a governmental entity; or
(4) a pest control inspection
conducted by a person regulated under the Texas Occupations Code, Chapter 1951
(relating to Structural Pest Control).
(b) Minimum area exemption. A person is not required to be licensed under
this subchapter to perform mold remediation in an area in which the mold
contamination for the project affects a total surface area of less than 25
contiguous square feet.
(c) Residential property exemption. An owner, or a managing agent or employee of
an owner, is not required to be licensed under this subchapter to perform mold
assessment or mold remediation on a residential property which is owned by that
person, and which has fewer than 10 residential dwelling units. This exemption applies regardless of the
total surface area within the residential property that is affected by mold
growth. This exemption does not apply to
a managing agent or employee who engages in the business of performing mold
assessment or mold remediation for the public.
(d) Facility exemption. An owner or tenant, or a managing agent or
employee of an owner or tenant, is not required to be licensed under this
subchapter to perform mold assessment or mold remediation on property owned or
leased by the owner or tenant. This
exemption does not apply:
(1) if the managing agent or
employee engages in the business of performing mold assessment or mold
remediation for the public;
(2) if the mold remediation
is performed in an area in which the mold contamination affects a total surface
area of 25 contiguous square feet or more; or
(3) to a person exempt under
subsection (c) of this section.
(e) Construction and improvement
exemption. A person is not required
to be licensed under this subchapter to perform mold assessment or mold
remediation in a one-family or two-family dwelling that the person constructed
or improved if the person performs the mold assessment or mold remediation at
the same time the person performs the construction or improvement or at the
same time the person performs repair work on the construction or
improvement. This exemption applies
regardless of the total surface area that is affected by mold growth. This exemption does not apply if the person
engages in the business of performing mold assessment or mold remediation for
the public. For purposes of this
subsection, "improve" means "to build, construct, or erect a new
building or structure or a new portion of a building or structure that is
attached to an existing building or structure" and "improvement"
means "a building or structure, or a portion of a building or structure,
that was built, constructed, or erected as an attachment to an existing
building or structure after the construction or erection of the existing
building or structure."
(f) Supervised employee exemption. An employee of a license holder is not
required to be licensed under this subchapter to perform mold assessment or
mold remediation while supervised by the license holder. Such an employee must, however, be registered
as provided under §295.314 of this title (relating to Mold Remediation Worker:
Registration Requirements).
(g) Exceptions for licensed
professionals. All persons engaged
in mold-related activities must be licensed, registered or accredited as
outlined in this subchapter, except that those professionals currently licensed
by the state in another field (including, but not limited to, medicine,
architecture, or engineering) who provide to a mold licensee only consultation
related to that other field are not required to be separately licensed under
this subchapter. In such a case, the
responsibility for the project or activity remains with the mold licensee. A person is not required to be licensed under
this subchapter if engaging only in the performance of regulated activities of
a licensed insurance adjuster pursuant to Article 21.07-4 of the Texas
Insurance Code or in the performance of regulated activities of a licensed
public insurance adjuster pursuant to Article 21.07-5 of the Texas Insurance
Code, including the investigation and review of losses to insured property,
assignment of coverage, and estimation of the usual and customary expenses due
under the applicable insurance policy, including expenses for reasonable and
customary mold assessment and remediation.
(h) Loss of exemption. A person who is performing mold remediation
under the licensing exemptions of subsection (b) or (d) of this section and
identifies additional mold such that the total mold contamination affects a
total surface area of 25 contiguous square feet or more shall:
(1) immediately cease all
remediation work and implement emergency containment if necessary; and
(2) advise the person
requesting the remediation that the exemption under subsection (b) or (d) of
this section has been lost and that any additional mold remediation and
post-remediation assessment in the area must be done by a person licensed or
registered under this subchapter.
(i) Fee exemption for department
employees. Employees of the
department who engage in mold-related activity as a condition of their
employment shall be exempt from examination fees and credentialing fees under
this subchapter. Fee-exempted
credentials shall be restricted for use only in required departmental duties,
and the credentials will indicate the restriction. An employee who is no longer required to
possess a credential as a condition of employment shall immediately return that
credential to the Mold Licensing Program for closure. An individual who terminates employment with
the department shall immediately return all unexpired credentials to the Mold
Licensing Program for closure. The
department may impose an administrative penalty or take other disciplinary
action against any employee or former employee who uses a fee-exempt credential
to engage in a mold-related activity that is not a required departmental duty.
§295.304. Code of Ethics.
(a) The purpose of this section
is to establish the standards of professional and ethical conduct required of
all persons holding credentials or approvals issued under this subchapter.
(b) All credentialed persons or approved
instructors shall, as applicable to their area of credentialing or approval:
(1) undertake to perform only
services for which they are qualified by license, education, training or
experience in the specific technical fields involved;
(2) meet or exceed the
minimum standards for mold assessment and remediation as set forth in this
subchapter;
(3) not participate in
activities where a conflict of interest might arise, pursuant to §295.307 of
this title (relating to Conflict of Interest and Disclosure Requirement) and
disclose any known or potential conflicts of interest to any party affected or
potentially affected by such conflicts;
(4) provide only necessary
and desired services to a client and not sell unnecessary or unwanted products
or services;
(5) to the extent required by
law, keep confidential any personal information regarding a client (including
medical conditions) obtained during the course of a mold-related activity;
(6) not misrepresent any
professional qualifications or credentials;
(7) not provide to the
department any information that is false, deceptive, or misleading;
(8) cooperate with the
department by promptly furnishing required documents or information and by
promptly responding to requests for information;
(9) not work if impaired as a
result of drugs, alcohol, sleep deprivation or other conditions and not allow
those under their supervision to work if known to be impaired;
(10) maintain knowledge and
skills for continuing professional competence and participate in continuing
education programs and activities;
(11) not make any false,
misleading, or deceptive claims, or claims that are not readily subject to
verification, in any advertising, announcement, presentation, or competitive
bidding;
(12) not make a
representation that is designed to take advantage of the fears or emotions of
the public or a customer;
(13) provide mold-related
services at costs in keeping with industry standards ; and
(14) if the credentialed
person is an accredited mold training provider or a licensed mold analysis
laboratory, notify each client of the name, mailing address, and telephone
number of the department for the purpose of directing complaints to the
department:
(A) on each written
contract for services; or
(B) in each bill
for services provided to the client.
(c) Duty to report ethical
violations. All credentialed
persons:
(1) have the responsibility
of promptly reporting alleged misrepresentations or violations of the Act or
this subchapter to the department;
(2) are responsible for
competent and efficient performance of their duties and shall report to the
department incompetent, illegal or unethical conduct of any practitioner of
mold assessment and/or remediation; and
(3) shall not retaliate
against any person who reported in good faith to the department alleged
incompetent, illegal or unethical conduct.
§295.305. Credentials: General Conditions.
(a) Licensing or registration
requirement. A person must be
licensed or registered in compliance with this subchapter to engage in mold
assessment or mold remediation unless specifically exempted under §295.303 of
this title (relating to Exceptions and Exemptions).
(b) Accreditation requirement. A person must be accredited as a mold
training provider in compliance with this subchapter to offer mold training for
fulfillment of specific training requirements for licensing under this
subchapter.
(c) Age requirement. Each individual applying to be licensed or
registered under this subchapter must be at least 18 years old at the time of
application.
(d) Office requirement. A person licensed under this subchapter must
maintain an office in Texas. An individual employed by a person licensed
under this subchapter is considered to maintain an office in Texas through that employer.
(e) Training requirement.
(1) An applicant for an
initial license under §295.311 of this title (relating to Mold Assessment
Technician: Licensing Requirements), §295.312 of this title (relating to Mold
Assessment Consultant: Licensing Requirements), or §295.315 of this title
(relating to Mold Remediation Contractor: Licensing Requirements) must
successfully complete an initial training course offered by a
department-accredited training provider in that area of licensure and receive a course-completion certificate
before applying for the license. This
paragraph does not apply to applicants who submit complete applications to the
department before January 1, 2005, as evidenced by a postmark or shipping
paperwork.
(2) Except as described under
subsection (g)(3) of this section, an applicant for renewal of a license listed
under paragraph (1) of this subsection must successfully complete a refresher
training course offered by a department-accredited training provider in the
area of licensure for which renewal is sought and receive a course-completion
certificate before applying for the renewal.
The applicant must successfully complete the refresher course no later
than 24 months after successful completion of the previous course and no
earlier than 12 months prior to the expiration date of the license.
(3) Except as described under
subsection (g)(3) of this section, an applicant for an initial or renewal
registration under §295.314 of this title (relating to Mold Remediation Worker:
Registration Requirements) must successfully complete a training course as
described under §295.320(d) and (f) of this title (relating to Training:
Required Mold Training Courses) and receive a course-completion certificate
before applying for the registration. If
a refresher course is required, the applicant must successfully complete the
refresher course no later than 24 months after successful completion of the
previous course and no earlier than 12 months prior to the expiration date of
the registration.
(f) Examination requirement. In accordance with §295.310 of this title
(relating to Licensing: State Licensing Examination), an applicant for an
initial license under §295.311, §295.312, or §295.315 of this title must pass
the state licensing examination in that area of licensure with a score of at
least 80% correct before applying for the license. All applicants must pass the state
examination within six months of completing any training course required under
subsection (e)(1) of this section in three or fewer attempts or must
successfully complete a new initial training course before re-taking the state
examination.
(g) Applications. Each application for a credential or
approval must provide all required information.
An applicant shall indicate that a question does not apply by answering
"not applicable" or "N/A".
Applicants must submit complete applications, including all supporting
documents, for each credential or approval sought.
(1) An applicant for an
initial license under §295.311, §295.312, or §295.315 of this title must submit
the complete application to the department within six months of passing the
required state licensing examination, as evidenced by a postmark or shipping
documents, or must successfully complete a new initial training course, receive
a new training certificate, and pass a new state examination before submitting
a new initial license application.
(2) An applicant for an
initial or renewal registration under §295.314 of this title must submit the
complete application to the department within ten calendar days (not working days)
of successfully completing the required training course, as evidenced by a
postmark or shipping paperwork.
(3) An applicant for a
renewal of a license listed under paragraph (1) of this subsection must
successfully complete a required refresher training course and receive a
course-completion certificate before applying for renewal, except that this
paragraph does not apply to a holder of an initial license that is valid for
one year, as described under subsections (h)(1) and (h)(2)(A) of this section. The applicant must complete the refresher
course before the expiration date of the license but no earlier than 12 months
prior to the expiration date of the license and no later than 24 months after
completion of the previous course.
(h) Term and expiration.
(1) All credentials issued
before January 1, 2005
are valid for one year and expire on the anniversary of the effective date.
(2) A credential issued
between January 1, 2005
and December 31, 2005 (including renewal of a credential issued
before January 1, 2005,
regardless of the issue date of the renewal) is valid for:
(A) one year and
expires on the anniversary of the effective date, if the birth year of the
applicant (or the birth year of the mold training manager or the first individual
named as a responsible person, as described under subsection (j) of this
section, if the applicant is not an individual) is an odd number; or
(B) two years and
expires on the second anniversary of the effective date, if the birth year of
the applicant (or the birth year of the mold training manager or the first
individual named as a responsible person, as described under subsection (j) of
this section, if the applicant is not an individual) is an even number.
(3) All credentials issued on
or after January 1, 2006,
except as specified in paragraph (2) of this subsection, are valid for two
years and expire on the second anniversary of the effective date.
(4) Fees commensurate with a
two-year credential must be included with any application for a credential that
will expire on the second anniversary of its effective date.
(5) A credential holder is in
violation of this subchapter if the holder practices with lapsed
qualifications.
(i) Condition of issuance. No credential, identification (ID) card, or
approval issued under this subchapter shall be sold, assigned, or
transferred. ID cards issued by the
department must be present at the worksite any time an individual is engaged in
mold-related activities. The department
retains the right to confiscate and revoke any credential, ID card, or approval
that has been altered.
(j) Credentialed persons other than
individuals. A mold assessment
company, mold remediation company, mold analysis laboratory, or mold training
provider that has been issued a credential under this subchapter:
(1) shall designate one or
more individuals as responsible persons.
The credentialed person must notify the department in writing of any
additions or deletions of responsible persons within 10 days of such occurrences;
(2) shall not transfer that
credential to any other person, including to any company that has bought the
credentialed entity. The credentialed
entity must apply for a new credential within 60 days of being bought; and
(3) must submit to the department
a name-change application and a processing fee of $20 within 60 days of any
change.
§295.306. Credentials: General Responsibilities.
(a) Persons who are licensed,
registered, or accredited under this subchapter shall:
(1) adhere to the code of
ethics prescribed by §295.304 of this title (relating to Code of Ethics);
(2) comply with work
practices and procedures of this subchapter;
(3) refrain from engaging in
activity prohibited under §295.307(a) of this title (relating to Conflict of
Interest and Disclosure Requirement);
(4) maintain any insurance
required under §295.309 of this title (relating to Licensing: Insurance
Requirements) while engaging in mold-related activities regulated under this
subchapter;
(5) cooperate with department
personnel in the discharge of their official duties, as described in §295.329
of this title (relating to Compliance: Inspections and Investigations); and
(6) notify the department of
changes in mailing address and telephone number.
(b) All individuals who are
required to be licensed or registered under this subchapter must have a valid
department-issued identification card present at the worksite when engaged in
mold-related activities, except as provided under §295.314(e) of this title
(relating to Mold Remediation Worker: Registration Requirements) for applicants
for registration as mold remediation workers.
(c) The license holder overseeing mold-related
activities, with the exception of activities performed by a mold analysis
laboratory, must ensure that a client is provided a copy of the department
Consumer Mold Information Sheet prior to the initiation of any mold-related
activity.
(d) A credentialed person who becomes aware of
violations of this subchapter must report these violations within 24 hours to
the department if, to that person's knowledge, the responsible party has not
corrected the violations within that timeframe.
(e) The individual that is
designated by a licensed mold assessment company or mold remediation company as
its responsible person shall not be the responsible person for another licensee
with the same category of license.
(f) Credentialed persons are responsible for
determining whether the mold-related activities in which they will engage
require additional credentials beyond those required under this subchapter.
§295.307. Conflict of Interest and Disclosure Requirement.
(a) Conflict of interest.
(1) A licensee shall not
perform both mold assessment and mold remediation on the same project.
(2) A person shall not own an
interest in an entity that performs mold assessment services and an entity that
performs mold remediation services on the same project.
(b) Disclosure requirement. At the time of application for licensing, an
applicant that is not an individual shall disclose to the department the name,
address, and occupation of each person that has an ownership interest of 10% or
more in the applicant. A licensee shall
report to the department within 10 days any change related to a person who has
an ownership interest of 10% or more including additions to or deletions from
any list of such persons previously supplied to the department and any changes
in the names, addresses, or occupations of any persons on such a list.
§295.308. Credentials: Applications and Renewals.
(a) General requirements. Applications for a license, registration or
accreditation must be made on forms provided by the department and signed by
the applicant. The department shall
consider only complete applications. The
application form must be accompanied by:
(1) a check or money order
for the amount of the required fee made payable to the department , unless the
application fee is paid through TexasOnline, as provided under the Texas
Government Code, Chapter 2054, §2054.252 (relating to TexasOnline Project);
(2) a current one-inch by
one-inch photograph of the applicant's face
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