Records, ethics, inspections and enforcement

(a) The purpose of this section is to establish the standards of professional and ethical conduct required of all persons holding credentials issued under this chapter.

(b) All credentialed persons shall, as applicable to their area of credentialing:

(1) undertake to perform only services for which they are qualified by credential, education, training or experience in the specific technical fields involved;

(2) meet or exceed the minimum standards for mold assessment and remediation in this chapter;

(3) not participate in activities where a conflict of interest might arise, pursuant to §1958.155 of the Act (relating to Conflict of Interest; Disclosure Required) 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 or the department's representative or designee 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 documents or statements including any advertising, announcement, presentation, competitive bidding, mold assessment report, mold analysis, mold remediation protocol, or mold remediation work plan; and

(12) not make a representation that is designed to take advantage of the fears or emotions of the public or a customer.

(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 chapter 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 or remediation; and

(3) shall not retaliate against any person who reported in good faith to the department alleged incompetent, illegal or unethical conduct.

Source Note: The provisions of this §78.72 adopted to be effective November 1, 2017, 42 TexReg 4619.

Citation: 16 TAC Chapter 78, §78.72. Code of Ethics.

Read on the official site ↗ See it in the full 16 TAC Chapter 78

(a) Record retention. Records and documents shall be retained for the time periods specified in this section.

(1) Records and documents shall be made available for inspection by the department or the department's representative or designee immediately upon request.

(2) Licensees and accredited training providers who cease to do business shall notify the department in a manner specified by the department at least 30 calendar days before such event to advise how they will maintain all records during the minimum three- or five-year retention period. The department, upon receipt of such notification and at its option, may provide instructions for how the records shall be maintained during the required retention period. A licensee or accredited person shall notify the department that it has complied with the department's instructions within 30 calendar days after their receipt or make other arrangements approved by the department.

(3) Licensees and accredited training providers may maintain the records required under this section in an electronic format unless otherwise indicated.

(4) Licensees and accredited training providers who maintain the required records in an electronic format shall provide paper copies of records or the original paper documents to the department or the department's representative or designee on request.

(b) Mold remediation companies and contractors.

(1) A licensed mold remediation company or a licensed mold remediation contractor not employed by a company shall maintain the following records and documents for three years following the stop date of each project that the company or contractor performs:

(A) the mold remediation work plan;

(B) photographs of the scene of the mold remediation taken before and after the remediation;

(C) the written contract between the mold remediation company or remediation contractor and the client, and any written contracts related to the mold remediation project between the company or contractor and any other party;

(D) all invoices issued regarding the mold remediation; and

(E) copies of all certificates of mold remediation issued by the company or contractor.

(2) A licensed mold remediation contractor or a licensed mold remediation company providing mold remediation worker training shall maintain the records required to be created, compiled, or maintained by §78.58(f)(5) and §78.60(e)(4) for five years following the provision of a training course or the issuance of a training certificate.

(c) Mold assessment companies and consultants.

(1) A licensed mold assessment company or a licensed mold assessment consultant not employed by a company shall maintain the following records and documents for the time period required under paragraph (2) for each mold assessment project that the company or consultant performs:

(A) the name and mold credential number of each of its employees who worked on the project and a description of each employee's involvement with the project;

(B) the written contract between the mold assessment company or consultant and the client;

(C) all invoices issued regarding the mold assessment;

(D) copies of all laboratory reports and sample analyses;

(E) copies of all photographs required under §78.140;

(F) copies of all mold remediation protocols and changes prepared as a result of mold assessment activities; and

(G) copies of all passed clearance reports issued by the company or consultant.

(2) For each project, a licensed mold assessment company or consultant shall maintain all the records listed in paragraph (1) until:

(A) the company or consultant issues a mold assessment report, management plan, or remediation protocol to a client, if the company or consultant performs only the initial assessment for the project; or

(B) the company or consultant issues the final status report to the client, if a final status report is issued; or

(C) the company or consultant provides the signed Certificate of Mold Damage Remediation to a mold remediation contractor or company, if a Certificate of Mold Damage Remediation is provided.

(d) Mold analysis laboratories. A licensed mold analysis laboratory shall maintain copies of the results, including the sample identification number, of all analyses performed as part of a mold assessment or mold remediation for three years from the date of the sample analysis.

(e) Training providers. Accredited training providers shall retain all records required to be created, compiled, or maintained by §§78.64, 78.66, and 78.68 for a period of five years following the most recent applicable event related to the records, including:

(1) the accreditation of the training provider;

(2) the approval of a course or instructor;

(3) the employment of a mold training manager;

(4) the termination of an instructor or mold training manager;

(5) the termination of the training provider accreditation;

(6) the provision of a training course;

(7) the issuance of a training certificate;

(8) the creation, amendment, or termination of a plan or policy.

Source Note: The provisions of this §78.74 adopted to be effective November 1, 2017, 42 TexReg 4619; amended to be effective September 1, 2018, 43 TexReg 5207.

Citation: 16 TAC Chapter 78, §78.74. Records.

Read on the official site ↗ See it in the full 16 TAC Chapter 78

(a) A mold remediator shall maintain a record regarding each mold remediation performed for at least three years after the date of completion of the mold remediation on a property.

(b) The mold remediator shall make the record available for inspection by the department or any law enforcement entity.

(c) The record must contain:

(1) photographs of the scene of the mold remediation taken before and after the remediation;

(2) the written contract between the mold remediator or any other party regarding the mold remediation;

(3) all invoices issued regarding the mold remediation; and

(4) any other material required by the department.

(d) Not later than the 10th day after the date of completion of a mold remediation, the mold remediator license holder shall provide the property owner with copies of all photographs required by this section.

Added by Acts 2003, 78th Leg., ch. 205, Sec. 1, eff. Sept. 1, 2003.

Amended by:

Acts 2017, 85th Leg., R.S., Ch. 1105 (H.B. 4007), Sec. 11.004, eff. September 1, 2017.

Citation: Tex. Occ. Code Ch. 1958, Sec. 1958.156. Record Requirements; Duties of Mold Remediators.

Read on the official site ↗ See it in the full Tex. Occ. Code Ch. 1958

(a) The department or the department's representative or designee may inspect or investigate the business practices of any persons involved with mold-related activity for compliance with this chapter.

(b) The department or the department's representative or designee, upon presenting identification, shall have the right to enter any area or environment, including but not limited to any containment area, building, construction site, storage or office area, or vehicle to review records, to question any person, or to locate, identify, or assess areas of mold growth for the purpose of inspection and investigation for compliance with this chapter.

(c) The department or its representative or designee conducting official duties is not required to notify in advance or seek permission to conduct inspections or investigations.

(1) It is a violation for any person to interfere with, deny, or delay an inspection or investigation conducted by the department or its representative or designee.

(2) The department or its representative or designee shall not be impeded or refused entry in the course of official duties by reason of any regulatory or contractual specification.

Source Note: The provisions of this §78.85 adopted to be effective November 1, 2017, 42 TexReg 4619.

Citation: 16 TAC Chapter 78, §78.85. Inspections and Investigations.

Read on the official site ↗ See it in the full 16 TAC Chapter 78

Violations of the Texas Occupations Code, Chapters 51 or 1958, this chapter, or a rule or order of the executive director or commission may result in proceedings to impose administrative penalties, administrative sanctions, or both in accordance with the provisions of the Texas Occupations Code and the associated rules.

Source Note: The provisions of this §78.90 adopted to be effective November 1, 2017, 42 TexReg 4619.

Citation: 16 TAC Chapter 78, §78.90. Administrative Penalties and Sanctions.

Read on the official site ↗ See it in the full 16 TAC Chapter 78

The enforcement authority granted under Texas Occupations Code, Chapters 51 and 1958, and the associated rules may be used to enforce Texas Occupations Code, Chapter 1958 and this chapter.

Source Note: The provisions of this §78.92 adopted to be effective November 1, 2017, 42 TexReg 4619.

Citation: 16 TAC Chapter 78, §78.92. Enforcement Authority.

Read on the official site ↗ See it in the full 16 TAC Chapter 78

The commission by rule shall adopt a code of ethics for license holders that promotes the education of mold assessors and mold remediators concerning the ethical, legal, and business principles that should govern their conduct.

Added by Acts 2003, 78th Leg., ch. 205, Sec. 1, eff. Sept. 1, 2003.

Amended by:

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 5.298, eff. April 2, 2015.

Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 1.283, eff. September 1, 2017.

Citation: Tex. Occ. Code Ch. 1958, Sec. 1958.059. Code of Ethics.

Read on the official site ↗ See it in the full Tex. Occ. Code Ch. 1958

(a) The department shall conduct inspections as necessary to ensure compliance with this chapter.

(b) Repealed by Acts 2021, 87th Leg., R.S., Ch. 663 (H.B. 1560), Sec. 1.25(26), eff. September 1, 2021.

Added by Acts 2003, 78th Leg., ch. 205, Sec. 1, eff. Sept. 1, 2003.

Amended by:

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 5.296, eff. April 2, 2015.

Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 1.281, eff. September 1, 2017.

Acts 2021, 87th Leg., R.S., Ch. 663 (H.B. 1560), Sec. 1.25(26), eff. September 1, 2021.

Citation: Tex. Occ. Code Ch. 1958, Sec. 1958.056. Inspections.

Read on the official site ↗ See it in the full Tex. Occ. Code Ch. 1958