1. (a) Issuance. The Commission may issue a provisional Forensic Analyst License.

2. (b) Eligibility. An individual may apply to the Commission for a provisional Forensic Analyst License if the individual meets the following qualifications:

   1. (1) applicant is currently employed in an accredited laboratory for which the licensing requirements of this subchapter apply; or
   2. (2) applicant was previously employed in an accredited laboratory for which the licensing requirements of this subchapter did not apply and the applicant was approved for independent casework by the laboratory; and
   3. (3) applicant cannot meet one or more of the forensic analyst license requirements set forth in this subchapter at the time of application but plans to meet all the requirements within the one-year provisional license period and meets all other requirements described in §651.207 of this subchapter.
3. (c) Application. An applicant for a provisional Forensic Analyst License shall complete and submit to the Commission a current Provisional Forensic Analyst License Application form, pay the required fee and submit a signed statement on a form to be provided by the Commission stating he or she has fulfilled the eligibility requirements of this section.
4. (d) Provisional License Term. A provisional Forensic Analyst License is granted for a period of one year from the date of issuance.
5. (e) Scope of Provisional License. A provisionally licensed forensic analyst may technically review or perform forensic analysis or draw conclusions from or interpret a forensic analysis for a court or crime laboratory to the extent a fully licensed forensic analyst may perform these duties.
6. (f) Effective Date of Forensic Analyst License Requirements for Provisionally Licensed Analysts. A provisionally licensed forensic analyst shall be subject to the forensic analyst licensing requirements in effect on the date the forensic analyst is granted the provisional forensic analyst license.

Source Note:The provisions of this §651.210 adopted to be effective May 16, 2018, 43 TexReg 3106.