- (a) To be registered, a course must be designed to increase the licensee's professional competence.
(b) The course content shall be designed to enhance the knowledge and understanding of one or more of the following: insurance principles and coverages; applicable laws, rules and regulations; recent and prospective changes in coverages; law and the duties and responsibilities of the licensee; consumer protection; or insurance ethics. The course content may also include courses on management of the licensee's insurance business. These courses on management shall include those subjects specific to the business of insurance agency management, specific company policy provisions which cover technical aspects of the policies, or underwriting rules and standards. The course content for consumer protection shall include:
- (1) Article 21.21, Insurance Code;
- (2) The Unauthorized Insurers False Advertising Process Act (Article 21.21-1, Insurance Code);
- (3) The Unfair Claim Settlement Practices Act (Article 21.21-2, Insurance Code),
- (4) The Deceptive Trade Practices-Consumer Protection Act (Subchapter E, Chapter 17, Business and Commerce Code); or
- (5) Analogous laws as specified by the department.
(c) Meetings held in conjunction with the regular business of the licensee, or training relating to the marketing and business practices of a specific company, and those portions of the course content set forth in paragraphs (1)-(3) of this subsection shall not be considered applicable to continuing education requirements for insurance agents and adjusters:
- (1) Course content teaching general accounting, speed reading or other general business skills or computer use, or computer software application use.
- (2) Course content teaching motivation, goal-setting, time management, communication, sales or marketing skills.
- (3) Course content providing for pre-licensing training or qualifying examination preparation.
(d) The items listed in paragraphs (1)-(6) of this subsection must be maintained by the provider and must be furnished with the course application, if requested by the department. Courses will not be reviewed unless a complete application and all of the requested items have been provided to the department. The application and items listed in paragraphs (1)-(6) of this subsection shall be maintained by the provider for four years; may be subject to random review by the department; and shall be provided to the department upon request.
- (1) A certification by the provider that the course meets the minimum requirements as defined in these sections.
- (2) The specific learning objectives. The learning objectives are the desired outcomes for the learning process and identify the knowledge, skills, or abilities the licensee is expected to obtain.
- (3) A detailed course content outline.
- (4) A table of contents for correspondence courses.
- (5) The method of evaluation by which the provider measures how effectively the course meets its objectives and provides for student input.
- (6) A sample of the certificate of completion which will be used when licensees successfully complete the registered course for approval by the department. The certificate of completion must be similar to the sample provided by the department and must contain, at a minimum, the following information: provider name and number, assignee name and number (if applicable), course name, course effective date, TDI course number(s), number of credit hours in each applicable category (adjuster, property and casualty, life, accident and health, consumer protection or insurance regulation and ethics), date of course completion, location of the class, TDI identification number and name of licensee completing courses, signature of person authorized to sign certificates and the date signed, and a certification by the licensee of completion of the course and the date signed.
- (e) Credit will not be awarded to licensees for courses taken or completed prior to the effective date assigned by the department or after the expiration date of the registration.
- (f) The provider shall at its option indicate whether the course is to be open to all licensees or will restrict enrollment to licensees of its choice. Restricted enrollment courses will not be included on lists of courses available to the public.
- (g) Providers may not advertise that their course has been registered by the department until such time that they have received written confirmation from the department of the registration of their course. Advertisements that include references to course registration by the department must also include the provider's name and TDI provider number. Advertisements may not be misleading as to the content or requirements for successful completion. Providers may advertise submitted courses as "Pending registration by the Texas Department of Insurance."
- (h) All course registrations are valid for two years. Each course shall be reviewed every two years by the provider and updated to remain in compliance with this section (relating to Course Criteria) prior to re-submission for registration. If more than 25% of the course is changed prior to the course expiration date, or the change will affect the course content breakdown as registered by the department, the department will consider the course revised and the provider must resubmit the course to the department.
(i) A course may be registered by the department, conditional upon subsequent review, after all the following steps have been completed:
- (1) The provider is registered in accordance with §19.1005 of this title (relating to Provider and Instructor Criteria).
- (2) The provider has submitted all items required by the department for course registration in accordance with this subchapter.
- (3) The content of the course meets the requirements identified in this subchapter.
- (j) Courses that the department does not register due to content shall not be considered for credit and cannot be used by licensees for continuing education credit.
- (k) If a course is not registered by the department, the provider may request re-evaluation, supplying specifics on how each portion of the course meets the minimum requirements for registration. If the course is presented during the department's re-evaluation, credit will not be authorized.
Source Note:The provisions of this §19.1006 adopted to be effective January 10, 1997, 22 TexReg 49.