22 TAC §593.21
The Structural Pest Control Board proposes amendments of
22 TAC 593.21 concerning Commercial and Noncommercial Technician License.
The proposal adds only that students who attended or graduated within the
last 12 months from an accredited school or university may receive credit
for those courses relevant to the pest control industry.
Benny M. Mathis, Executive Director has determined that there will not
be fiscal implications as a result of enforcing or administering the rule.
There will be no estimated additional cost, estimated reduction in cost, or
estimated loss or increase in revenue to state or local government for the
first five year period the rule will be in effect. There is no cost of compliance
for small businesses. There will be no cost per employee, cost per hour of
labor or cost per $100 of sales for small or larger businesses.
Benny M. Mathis, Executive Director has determined that for each year
of the first five years the rule as proposed is in effect, the public benefits
anticipated as a result of enforcing the rule will be allowing those interested
in pursuing a career in the pest control industry to apply their college credits
to their classroom training hours, thus benefiting the public they serve.
Comments on the proposal may be submitted to Frank M. Crull, General Counsel,
Structural Pest Control Board, 1106 Clayton Lane #100LW, Austin, Texas 78723.
The amendment is proposed under Tex.Rev.Civ. Stat.Ann., Article
135b-6, which provides the Structural Pest Control Board with the authority
to license and regulate the structural pest control industry.
No other statute, code or article is affected by this proposed amendment.
§593.21.Commercial and NonCommercial Technician License Requirements.
(a)
Definition. An apprentice in any of the categories administered
by the Texas Structural Pest Control Board is a beginning employee, who works
under the supervision of trained and licensed personnel.
(b)
Must be at least 16 years of age.
(c)
Must be able to demonstrate proficiency in reading labels
and warnings.
(d)
Must submit an application for technician license within
ten (10) days of beginning 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 Board for one (1) year from the date employment began when all of
the above requirements are met and processed.
(h)
Apprentices shall not perform any pest control work without
the physical presence of a licensed technician or a certified applicator.
Upon completion of the following study and on-the-job training, the apprentice
may work alone so long as a certified applicator is physically present for
personal instruction three days a week. The studies and job training required
are as follows:
(1)
complete at least two hours of classroom training in each
of the following 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 immediate reporting of spills and misapplication;
(I)
basic principles of mathematics, chemistry, toxicology
and entomology; and
(J)
non-chemical pest control techniques, including biological,
mechanical and 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
is to provide pest control services. The business license holder, certified
commercial applicator or the certified noncommercial applicator must certify
in the training records of each employee that the apprentice has completed
the required training and has demonstrated competency in each category in
which the apprentice is to provide service;
(3)
a student currently enrolled in
or who has attended
or graduated within the past twelve months from
an accredited school
or university studying relevant materials may be credited with those courses
for classroom training hours for apprenticeship, if those hours have been
provided by the school 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 licensed technician, the individual may re-apply as an apprentice and complete
all training requirements for an apprentice.
(i)
Apprentice Records.
(1)
The business licensee or certified noncommercial applicator
shall maintain the verifiable training records and certification for each
apprentice in the business files. These are to be kept at least two (2) years
after termination of employment.
(2)
The above records are to be kept on a form prescribed by
the Board and shall 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 the verifiable training shall make the verifiable training records
available to the apprentice or the new employer upon written request.
(k)
It is a violation of this section for a business licensee
or certified noncommercial applicator to allow an apprentice to perform work
in a category in which the apprentice has not been properly trained. The certified
applicator must be physically present to give personal instructions 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 General Category 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.
(C)
The Technician Training Manual may be obtained from the
Texas Agricultural Extension Service.
(D)
An individual must pass each category of the examination
in which the apprentice has trained to become licensed. Re-examination is
not necessary if the license is renewed annually.
(E)
Examination dates and locations are at the discretion of
the Board.
(3)
Persons making a passing grade and who qualify for a technician
license will 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 may retake the examination at any time and will not be tested
in the general category.
(n)
On or after September 1, 2000, the Board shall require
as a condition of holding a commercial or non-commercial technician's license
granted pursuant to the provisions of this section, the responsible certified
applicator of record will certify on the verifiable training records form
that the technician has completed eight (8) hours of verifiable training for
the preceding twelve (12) months of the renewal date. This certification must
be verified upon each annual renewal of the technician's license. Failure
to do so will prevent the license from being issued.
(1)
The eight (8) hours will be covered in the following subject
areas:
(A)
Federal and state laws regulating structural pest control
and pesticide application
(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 the immediate reporting of spills and misapplications
(I)
Basic principles of mathematics, chemistry, toxicology,
and entomology
(J)
Non-chemical pest control techniques including biological,
mechanical and prevention techniques.
(2)
Two (2) hours of the eight (8) hours of training may be
on the job training or hands on training verified by the responsible certified
applicator.
(3)
Internet training or videotape training may be used if
the certified applicator certifies that the training is the appropriate training.
(4)
A technician will receive an hour for hour credit if a
Board approved Continuing Education Unit course is completed.
(5)
No courses may be repeated for credit per year.
(o)
Upon written request, the Executive Director may grant
a hardship extension to a technician due to extenuating circumstances.
(p)
All verifiable training records forms will be made available
to the Board upon request. These verifiable training records form shall be
kept on a format prescribed by the Board in the business file for at least
two (2) years after termination of employment.
(q)
The verifiable training records forms will be made available
to the technician upon written request.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State, on March 16, 2001.
TRD-200101552
Benny M. Mathis, Jr.
Executive Director
Structural Pest Control Board
Earliest possible date of adoption: April 29, 2001
For further information, please call: (512) 451-7200