1. (a) Process. The director shall recognize an accrediting body under this section if the director determines that the accrediting body:

   1. (1) issues an accreditation that is accepted throughout the relevant scientific community and appropriate or available to a laboratory;
   2. (2) has established adequate accreditation criteria reasonably likely to ensure trustworthy forensic analysis;
   3. (3) requires a periodic competency audit or review of the personnel, facilities, and procedures employed by a laboratory to conduct a forensic analysis; and
   4. (4) withholds, grants, or withdraws its accreditation of a crime laboratory based on its own determination of a reasonable likelihood of meaningful corrective action for each deficiency noted during the periodic audit or review.

2. (b) List of recognized bodies and disciplines. The director recognizes the following accrediting bodies, subject to the stated discipline or subdiscipline limitations:

   1. (1) American Board of Forensic Toxicology (ABFT)--recognized for accreditation of toxicology discipline only.
   2. (2) American Society of Crime Laboratory Directors, Laboratory Accreditation Board (ASCLD/LAB)--recognized for accreditation of all disciplines which it accredits, except digital evidence and a crime scene search team.
   3. (3) National Forensic Science Technology Center (NFSTC)--recognized for accreditation of biology only, including the subdiscipline of DNA.

Source Note:The provisions of this §28.123 adopted to be effective December 17, 2003, 28 TexReg 10954.