Structural Pest Control Board

Proposed Changes to Section 593.21

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~~Strikethrough and bold~~ indicates old language being removed

Section 593.21 Commercial and Noncommercial Technician License Requirements

(a) Definition. An apprentice in any ofthe categories administered by the Texas Structural Pest Control Board is abeginning employee, who works under the supervision of trained and licensedpersonnel.

(b) Must be at least 16 years of age.

(d) Must submit an application for technician license within ten (10) days ofbeginning employment.

(e) The application shall include the following information:

(1)           full name;
            (2)           home address;
            (3)           date employment began in licensed activity;
            (4)           social security number;
            (5)           driver's license number; and
            (6)           date of birth.

(f) A fee shall be charged for each application.

(g) An apprentice card will be issued by the Structural Pest Control Boardfor one (1) year from the date employment began when all of the aboverequirements are met and processed.

(h) Apprentices shall not perform any pest control work without the physicalpresence of a licensed technician or a certified applicator. Upon completion of the following study and on-the-job training, theapprentice may work alone so long as a certified applicator is physicallypresent for personal instruction three days a week. The studies and job trainingrequired are as follows:

(1) complete at least two hours of classroom training in each of thefollowing subjects:

(A)      federal and state laws that regulate the industry;
            (B)      recognition of pests and pest damage;
            (C)      pesticide labels and label comprehension;
            (D)      pesticide safety;
            (E)      environmental protection;
            (F)      application equipment and techniques;
            (G)      pesticide formulations and actions;
            (H)      emergency procedures, pesticide cleanup and procedures for immediatereporting
                       of spills and misapplication;
            (I)        basic principles of mathematics, chemistry, toxicology and entomology;and
            (J)       non-chemical pest control techniques, including biological, mechanicaland
                       prevention techniques.

(2) complete forty (40) hours of verifiable on-the-job training and eight (8) hours of classroom training in each category in which the apprentice isto provide pest control services. Thebusiness license holder, certified commercial applicator or the certifiednoncommercial applicator must certify in the training records of each employeethat the apprentice has completed the required training and has demonstratedcompetency in each category in which the apprentice is to provide service;

(3) a student currently enrolled in an accredited school or universitystudying relevant materials may be credited with those courses for classroomtraining hours for apprenticeship, if those hours have been provided by theschool or university.

(4) an apprentice shall maintain an apprentice card for a maximum of twelve(12) months. If apprentice has not passed the requirements to become a licensedtechnician, the individual may re-apply as an apprentice and complete alltraining requirements for an apprentice.

(i) Apprentice Records.

(1) The business licensee or certified noncommercial applicator shallmaintain the verifiable training records and certification for each apprenticein the business files. These are to be kept at least two (2) years aftertermination of employment.

(2) The above records are to be kept on a form prescribed by the Board andshall include, but not limited to the following:

(A)           date training records received;
            (B)           number of hours of training;
            (C)           subject of training;
            (D)           name of trainer and license number;
            (E)           designation of on-the-job training or classroom training; and
            (F)           competency evaluation by the certified applicator.

(j) When an apprentice changes employers, the employer who provided theverifiable training shall make the verifiable training records available to theapprentice or the new employer upon written request.

(k) It is a violation of this section for a business licensee or certifiednoncommercial applicator to allow an apprentice to perform work in a category inwhich the apprentice has not been properly trained. The certified applicator must be physically present to give personalinstructions to an apprentice at least three days a week.

(l) An apprentice becomes a licensed technician by;

(1) completing a Board approved technician training course in the GeneralCategory at least one time prior to taking the examination.

(2) making a passing grade on the technician examination.

(A) The examination may be taken as many times as necessary in the twelve(12) month period the employee is holding an apprentice card.

(B) There shall be a fee charged per category.

(D) An individual must pass each category of the examination in which theapprentice has trained to become licensed. Re-examination is not necessary if the license is renewedannually.

(E) Examination dates and locations are at the discretion of the Board.

(3) Persons making a passing grade and who qualify for a technician licensewill be issued a license upon issuance of the grades.

(m) All testing procedures shall be governed by 593.5(c) (3)-(11), (13) and(14) of this title (relating to Examinations) except that an apprentice mayretake the examination at any time and will not be tested in the generalcategory.

(n) On or after September 1, 2000, the Board shall require as a condition ofholder a commercial or non-commercial technician's license granted pursuant tothe provisions of this section, the responsible certified applicator of recordwill certify on the verifiable training records form that the technician hascompleted eight (8) hours of verifiable training for the preceding twelve (12)months of the renewal date. This certification must be verified upon eachannual renewal of the technician's license. Failure to do so will preventthe license from being issued. All technicians must receive eight (8) hours of additional verifiabletraining annually after the first licensing year as outlined in Subsection (h)(l), (A)-(J). Verifiable trainingrecords shall be kept in the business files for at least two (2) years.

(1) The eight (8) hours will be covered in the followingsubject areas:

(A)      federal and state laws regulating structural pest control and pesticideapplication
            (B)      Recognition of pest and pest damage
            (C)      Pesticide labels and label comprehension
            (D)      Pesticide safety
            (E)      Environmental protection
            (F)      Application equipment and techniques
            (G)      Pesticide formulations and actions
            (H)      Emergency procedures and pesticide cleanup, and procedures for immediate reportingof spills and misapplication
           (I)        Basic principles of mathematics, chemistry, toxicology andentomology
            (J)       Non-chemical pest control techniques including biological, mechanicaland prevention techniques.

(2) Two (2) hours of the eight (8) hours of training may be on the job training orhands on training verified by the responsible certified applicator.

(3) Internet training or video tape training may be used if the certified applicatorcertifies that the training is the appropriate training.

(4) A technician will received an hour for hour credit if a Board approvedContinuing Education Unit course is completed.

(5) No courses may be repeated for credit per year.

(o) Upon written request, the Executive Directory may grant a hardship extension toa technician due to extenuating circumstances.

(p) All verifiable training records forms will be made available to the Board uponrequest. These verifiable training records form shall be kept on a formatprescribed by the Board in the business file for at least two (2) years aftertermination of employment.

(q) The verifiable training records forms will be made available to the technicianupon written request.

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