1. (a) Providers shall use, at a minimum, actual attendance rosters to certify completion of a certified classroom or one-time-event continuing education course. The department requires each student to attend at least 90% of the course. Providers shall establish a means to ensure that each student attended at least 90% of the course. Attendance records must include, at a minimum, sign-in and sign-out sheets, and the legible names, addresses, and TDI license number of each student in attendance. Providers may establish assessment measurements or any other completion requirements, in addition to attendance, for successful completion of a classroom continuing education course, but those requirements must be fully disclosed in the registration materials before the student purchases the course. Providers shall determine successful completion of these additional requirements.
2. (b) Providers shall use the periodic interactive inquiries to determine completion of certified classroom equivalent continuing education courses. A student must complete all inquiry sections with a minimum score of at least 70% for each section.
3. (c) Providers shall use a written, online, or computer-based final examination as the means of completion for all certified self study continuing education courses. The department does not require providers to monitor continuing education self study examinations. Course records for each examination attempt must include, at a minimum, the date the exam was taken, the final examination score, the examination version used, the legible name, address, and the TDI license number of each student.

4. (d) Self study examinations and classroom equivalent interactive inquiries shall meet the criteria set forth in paragraphs (1) - (12) of this subsection:

   1. (1) The final examination or interactive inquiries must reasonably evaluate the student's understanding of the course content. At least 70% of the examination questions or interactive inquiries must be based at the application level. The remainder of the questions may be based at the knowledge level;
   2. (2) The specific final examination questions and interactive inquiries may not be made available to the student until the test is administered. Providers shall effect security measures to maintain the integrity of the examination;
   3. (3) Providers shall maintain a record of each student's final examination in the student's record for four years;
   4. (4) An authorized staff member or computer program shall grade self study final examinations. The interactive inquiry computer program shall grade interactive inquiries;
   5. (5) Providers shall allow students to retake an examination at least one time if a score of 70% or higher is not achieved;
   6. (6) Providers shall revise and update self study final examinations and interactive inquiries consistent with the course update/revision;
   7. (7) Providers requiring a monitored final examination shall establish the rules under which the examination shall be given;

   8. (8) The examination or interactive inquiry periods must consist of questions that do not give or indicate an answer or correct response and are of the following types:

      1. (A) for self study courses:

         1. (i) short essay questions requiring a response of five or more words;
         2. (ii) fill in the blank questions requiring a response from memory and not from an indicated list of potential alternatives; or
         3. (iii) multiple choice questions stemming from an inquiry with at least four appropriate potential responses and for which "all of the above" or "none of the above" is not an appropriate option;
      2. (B) for interactive inquiry periods, multiple choice questions stemming from an inquiry with at least four appropriate potential responses and for which "all of the above" or "none of the above" is not an appropriate option;
   9. (9) Each interactive inquiry period must consist of at least five questions;
   10. (10) Each self study final examination shall consist of at least 10 questions for each hour of credit up to a maximum requirement of 50 questions per course. Providers may, at their discretion, have a greater number of final examination questions;
   11. (11) During examinations and interactive inquiry periods, licensees may use course materials or personal notes, but may not use another person's notes, answers, or otherwise receive assistance in answering the questions from another person; and
   12. (12) Licensees shall mail or deliver the completed self study examination directly to the provider.
5. (e) Providers shall issue certificates of completion to students who successfully complete a certified course. The provider must issue the certificate in a manner which shall ensure that the student receiving the certificate is the student who took the course, issue the certificate within 30 days of completing the course, and complete the certificate to reflect the date the student took the course/examination. Providers shall not allow a student, or any person or organization other than the provider giving the course, to prepare, print, or complete a certificate of completion.

6. (f) Notwithstanding subsections (a) - (e) of this section, licensees must claim continuing education under §19.1020 of this chapter (relating to State and National Association Credit) by sending to the department, or its designee, upon request, an affirmation acceptable to the department containing:

   1. (1) the licensee's name, address, telephone number, and licensee's department license number;
   2. (2) the name of the national designation or state or national insurance association providing educational materials or sponsoring educational presentations;
   3. (3) the cumulative number of hours of credit claimed for reviewing the educational materials;
   4. (4) the cumulative number of hours of credit claimed for attending the educational presentations;
   5. (5) a statement that the licensee currently holds the national designation or is a member in good standing of the state or national insurance association; and
   6. (6) A statement that the licensee completed at least the number of hours in these activities the licensee is claiming for continuing education credit.
7. (g) In addition to the affirmation provided under subsection (f) of this section, the department may request a licensee claiming hours under §19.1020 of this chapter to submit a sworn written affirmation to the department confirming under oath the information in subsection (f) of this section. Failure to submit a sworn affirmation will result in denial of the claimed hours and may result in disciplinary action under §19.1015 of this subchapter (relating to Failure to Comply) or the Insurance Code.

Source Note:The provisions of this §19.1011 adopted to be effective January 6, 2003, 28 TexReg 75; amended to be effective January 19, 2006, 31 TexReg 292.