Wyo. Code R. 044-0002-20
General Agency, Board or Commission Rules
Chapter 20: Regulation Governing Continuing Education
Effective Date: 10/03/2022 to Current
Rule Type: Current Rules & Regulations
Reference Number: 044.0002.20.10032022
Section 1. Authority. This regulation is promulgated pursuant to W. S. §§ 26-2-110 and 26-9-231.
Section 2. Definitions. Terms used in this Chapter have the following meanings:
(a) 'Certificate of completion' means a document signed by the instructor (or other designated person) of a certified course which signifies satisfactory completion of the course and reflects hours of credit earned.
(b) 'Certified course' means an educational presentation offered in a class, seminar, independent study, or similar form of instruction involving insurance fundamentals, insurance-related law, insurance policies, claims and coverages, insurance needs and product changes, insurance risk management, etc., which is approved by the commissioner pursuant to Section 9 of this Regulation.
(c) 'Classroom' means an organized setting where a group of persons are physically located and instructed.
(d) 'Contact hours' means the number of hours of instruction or participation in the classroom, webinar, or self-study program.
(e) 'Ethics' means instruction in the customs among members of the insurance profession involving their moral and professional duties toward one another, toward clients, toward insureds, and toward insurers. It may include, but is not limited to, fiduciary responsibility, commingling funds, paying and accepting commissions, unfair claims practices, professionalism, policy replacement consideration, handling or supervising the affairs or funds of another and conflicts of interest.
(f) 'Good cause' means reasons for not timely complying with the requirements of this regulation including disability, death of an immediate family member, natural disaster or other extenuating circumstances.
(g) 'Licensee' means persons who are required to be licensed under the Wyoming insurance code including resident insurance producers, title agents, adjusters, and designated Wyoming home state non-resident adjusters.
(h) 'Carry-over credit hour' means a credit hour earned during the one hundred twenty (120) days before the licensing continuation date in excess of the twenty-four (24) hours of continuing education required per two (2) year licensing period, which may be applied to the next continuing education period. Any carry-over credit hours may not count as ethics hours.
(i) 'Disinterested third party' means someone who is not:
(i) A minor;
(ii) A relative of the licensee;
(iii) An immediate supervisor or subordinate of the licensee; or
(iv) A person with an economic or other interest in ensuring the successful outcome of a competency examination.
(j) 'Self-study program' means a course that involves book study, video study, computer based training, or other means of training and education where a qualified instructor is not present. Self-study programs must include an examination, which is to be monitored by a disinterested third-party.
(k) 'Webinar' means any course offered by live video conference or webcast if the technology allows for communication between and among the participants and their instructor and the participant's attendance and participation are monitored. Participation shall be verified by the instructor, who shall ask no fewer than three (3) polling questions every hour.
Section 3. Basic Requirement. Licensees shall complete twenty-four (24) contact hours of continuing education within each two (2) year licensing period. Of the twenty-four (24) required hours, at least three (3) shall be approved ethics hours. Licensees may be allowed up to twelve (12) carry-over credit hours to count toward their twenty-four (24) hours of required continuing education.
Section 4. Exceptions. The following exceptions may be made to the continuing education rules:
(a) Upon written request received by the Department on or before the end of the licensing period, the commissioner may grant an extension for good cause shown by the licensee.
(b) A non-resident licensee residing in a state or district requiring continuing education requirements which meet or exceed Wyoming's requirements, need only comply with the resident state's requirements.
(c) A non-resident adjuster residing in a state or district having continuing education requirements, shall complete the resident state's requirements.
(d) A non-resident adjuster residing in another state or district not having continuing education requirements who has designated Wyoming as a home state nonresident adjuster shall:
(i) Complete the necessary hours of continuing education to meet Wyoming's requirement as determined by the commissioner; and (ii) Complete the reporting requirement of section 8 of this regulation.
(a) All continuing education courses are subject to review and certification by the commissioner. They must be submitted to the Department in accordance with Section 9 of this regulation on forms approved by the commissioner.
(b) A specific course will qualify as an acceptable continuing education program if it is a formal course of learning or online course study which contributes directly to the professional competence of a licensee.
(c) To qualify for credit, the following standards must be met:
(i) Course development:
(A) The course must have significant intellectual or practical content to enhance and improve the insurance knowledge and professional competence of participants.
(B) The course must be developed by persons who are qualified in the subject matter and instructional design.
(C) The course content must be current.
(D) The course must have a method for measuring the student’s successful completion of course material and for evaluating the learning experience.
(ii) Course presentation:
(A) Instructors must be qualified, both with respect to course content and teaching methods. Instructors will be considered qualified if, through formal training or experience, they have obtained sufficient knowledge to instruct the course competently.
(B) The number of participants and physical facilities must be consistent with the teaching method specified.
(C) All courses must include some means for evaluating course quality.
(iii) The following courses do not qualify as acceptable continuing education:
(A) Any course used to prepare for taking an insurance licensing examination, or taken before licensure.
(B) Committee service on professional organizations.
(C) Computer science courses. (D) Motivation, psychology, prospecting, recruiting, time management or sales training courses. (E) Securities courses, other than variable annuities courses. (F) Courses on communications skills, personnel management, or supportive office skills. (G) Any program not in accordance with this regulation.
(a) Professional education courses shall be credited for continuing education purposes in full hours only. The number of hours shall be equivalent to the actual number of contact hours. Each hourly period must include at least fifty (50) minutes of continuous instruction or participation. For this purpose, a one-day program will be granted eight (8) hours credit if the total lapsed time is approximately eight (8) hours and the contact time is at least four hundred (400) minutes. The approved credit hours shall be determined by the commissioner.
(b) University or college upper-division credit or noncredit courses shall be evaluated as follows:
(i) For credit courses, each semester system credit shall not account for more than five (5) hours toward the continuing education requirement. Each quarter system credit shall not account for more than three (3) hours. The final number of credits shall be determined by the commissioner.
(ii) For non-credit courses, the number of credits will be determined by the commissioner, but not to exceed the amount allowed for credit courses.
(c) A licensee, whether an instructor or student, may not receive credit for attendance at the same course more than once every forty-eight (48) months.
(a) Each sponsor shall submit the electronic course certification for continuing education and before expiration of licensee's renewal date.
(b) The sponsor shall retain the original certificate of completion for each educational course as evidence of the licensee's completion of the program or course for the most recent two (2) year period. The certificates of completion shall be kept in an electronic form approved by the commissioner.
(c) The Department may audit the electronic course certificates submitted by sponsors. If the continuing education electronic filing submitted by the sponsor is not approved, the Department will notify the sponsor of the basis for rejection.
(d) The licensee bears the burden of establishing that a particular course for which credit is claimed is acceptable and meets the continuing education requirements set forth in this regulation.
(a) All courses shall be certified by the commissioner before being acceptable for continuing education credit. A course must be certified in advance of presentation and an approved electronic application for certification must be submitted to the commissioner by the sponsor sixty (60) days before the course. All correspondence courses or individual study programs must be approved and certified in accordance with Section 6 before being offered to licensees for continuing education credit.
(b) Any sponsor intending to provide classes, seminars, or other forms of instruction as certified courses shall apply electronically on forms approved by the commissioner including the fees outlined in W.S. §26-4-101, and furnish for the commissioner's approval a subject matter outline, the presentation method, the instructor qualifications, and other information supporting the request for approval.
(c) The outline shall include a statement of the method used to determine whether the licensee satisfactorily completed the approved course. The method may be a written examination, a written report by the licensee, certification by the providing organization of the licensee's program attendance or completion, or other method approved by the commissioner as appropriate for the subject.
(d) Upon receiving the application, the commissioner will certify or deny the course or program as qualifying for credit and indicate the number of hours of credit awarded for approved subjects. The commissioner will furnish a written explanation of the reason for any denial of the application. Upon certification, the course will be given a course identification number which shall be used on all certificates of completion and verification forms.
(e) Program certification will be effective for up to two (2) years, or until any material changes are made in the program, after which it must be resubmitted to the commissioner. Certification may be resubmitted without revisions no more than three (3) times. Courses previously certified may be submitted by referencing the previous course certification number and outlining any material changes to the course.
(f) If any course has not been certified by the commissioner before it is presented, the course may be advertised or presented as 'continuing education credits have been applied for' but shall not be represented or advertised in any manner as 'approved' for continuing education credit. No course may be advertised as 'continuing education credits have been applied for' until a completed application for certification has been submitted to the commissioner.
(g) Any recognized national program may be filed within sixty (60) days after it is given and will be approved for the number of contact hours spent, up to the number of hours credited for passage of the national examination. This exception applies only to CIC Institutes and classroom study of the following courses: Chartered Financial Consultant (ChFC); Certified Insurance Counselor (CIC); Chartered Property and Casualty Underwriter (CPCU); Registered Health Underwriter (RHU); Chartered Life Underwriter (CLU); Life Underwriter Training Council Fellow (LUTCF); Certified Employee Benefit Specialist (CEBS); Certified Financial Planner (CFP); Fellow of the Life Management Institute (FLMI); Registered Employee Benefits Counselor (REBC); Health Insurance Associate (HIA); Associate in Claims (AIC); Associate in Risk Management (ARM); Associate in Underwriting (AU); Certification in Long Term Care (CTLC); Registered Professional Liability Underwriting (RPLUS); Certified Insurance Service Representative (CISR), Associates in Loss Control Management (ALCM), Fraternal Insurance Counselor (FIC); Life Office Management Association (LOMA); and similar courses specifically accepted by the Department.
(a) Upon completing a class, program, or course of study, the instructor or sponsor shall:
(i) Provide a certificate of completion to the commissioner in electronic form for the individuals who have satisfactorily completed the class, program, or course of study; and
(ii) Certify to the commissioner an electronic roster of all attendees specifying whether satisfactory completion was based on attendance, written report, or examination.
(b) Sponsors shall be responsible for, but not limited to, the following:
(i) Ensuring compliance with all laws and rules pertaining to insurance education. During the approved program, if the sponsor finds that a student is reading unrelated materials, sleeping, talking excessively or is otherwise disruptive or inattentive, the sponsor may take whatever action it feels is appropriate, including refusing to grant the student any credit for attendance;
(ii) Notifying the commissioner of any material change of course instructors or course content;
(iii) Ensuring licensees are provided with current, accurate information and classroom facilities conducive to a sound learning environment;
(iv) Evaluating courses and instructors. The commissioner may request written evaluations of courses and instructors, either by licensees or coordinators;
(v) Investigating complaints relating to course offerings and instructors, and forwarding all written complaints to the Department;
(vi) Maintaining accurate records relating to course offerings, instructors, and licensee attendance for a period of two (2) years from the date the course was completed;
(vii) Providing instructors and licensees the name and telephone number of the coordinator.
(viii) Notifying the commissioner fifteen (15) days in advance of any changes in course offering dates and subsequent offering dates of an approved course; and
(ix) Appointing one (1) person to act as coordinator of the course and contact person.
(a) The commissioner may suspend a course certification if:
(i) The course teaching method or program content no longer meets the standards of this regulation, or has been significantly changed without notice to the commissioner for re-approval; or
(ii) The instructor, coordinator, or sponsor had certified to the commissioner that a licensee had completed the program in accordance with course standards when in fact the licensee had not done so;
(iii) Licensees who have satisfactorily completed the program in accordance with course standards were not certified by the sponsor, coordinator, or instructor (unless the certificate of completion was refused pursuant to Section 9(b)(i));
(iv) The instructor or sponsor is not qualified as defined by the standards of this regulation, has had an insurance license revoked, or lacks necessary education or experience in the subject matter of the course; or
(v) There is other good and just cause why certification should be suspended. The commissioner reserves the right to audit courses without the sponsor’s approval. The commissioner may at any time after notice and opportunity for hearing withdraw approval of any course. Licensees who attended a course before the commissioner withdraws approval will be granted credit for hours in actual attendance.
(b) The commissioner will reinstate a suspended certification when the sponsor provides proof satisfactory to the commissioner that the conditions responsible for the suspension have been corrected.
(c) The commissioner may institute an administrative or other action against a sponsor upon finding any one or more of the following:
(i) Advertising that a course is certified before the sponsor obtains certification. Included within the meaning of 'certified' are such notations as '_ hours CECs,' 'will be worth _ hours' or 'approved for credit in Wyoming';
(ii) Submitting a course outline with material inaccuracies, including out-of-date information or topic content;
(iii) Presenting non-approved material during a certified course;
(iv) Failing to present a course for the full time specified in the request form submitted to the Department.
(d) Upon finding that a sponsor has violated this regulation, the commissioner may enter an Order barring certification of a sponsor's courses, either for a set period of time or indefinitely. The commissioner may also impose any penalty provided by W.S. § 26-1-107.
(a) In determining whether credit is allowed for specific correspondence programs, individual study programs, online courses, or webinars, the commissioner will determine the equivalency of the program to a comparable seminar or a comparable course for credit in an accredited educational institution.
(b) The individual study program must require each producer to enroll in the course before having access to course material.
(c) All approved correspondence courses, online courses, and independent study courses shall include a monitored examination which requires a score of seventy (70) percent or better, or an equivalent scaled score, to earn a certificate of completion. For each approved course, the sponsor shall maintain a pool of tests sufficient to maintain the integrity of the testing process. A written explanation of test security and administration methods shall accompany the course examination materials. The examinations shall be administered, graded, and the results recorded by the sponsor to which approval was originally granted. The sponsor shall retain completed tests. The examination administration shall be monitored by a disinterested third party.
(d) All correspondence courses, online courses, webinars or individual study courses must be submitted by the sponsor which compiles or publishes the course materials and must be approved by the commissioner prior to being offered to licensees for continuing education credit. Any course approval is not transferable to any other entity.
(e) Credit will be allowed only in the licensing period in which the course is completed, and must be reported during the same licensing period.
(f) Online courses shall prevent access to the course exam before the examinee reviews the course materials.
(g) Online courses shall prevent downloading any course exam.
(h) Online courses shall provide review questions at the end of each unit or chapter and prevent access to the final exam until each set of questions are answered correctly at a seventy (70) percent rate.
(i) Correspondence programs, individual study programs, and online courses shall provide a monitor affidavit containing specific monitor duties and responsibilities printed for monitor's use to direct the taking of the final exam. A monitor shall complete the affidavit after the exam is completed.
(j) Webinars do not require a comprehensive final examination.
(k) Webinar providers shall monitor attendance and determine when a participant is inactive or not fully participating.
Section 12. Credit for Service as Lecturer, Discussion Leader, or Speaker. One (1) hour of continuing education credit will be awarded for each hour completed as an instructor or discussion leader, provided the course is certified by the commissioner.
Section 13. Credit for Breakfast, Luncheon, or Dinner Meetings. Courses, seminars, or programs presented in connection with breakfast, luncheon, or dinner meetings qualify for continuing education credit only if they are meetings of recognized insurance organizations, meet the requirements of this regulation, and are certified in advance.
(a) If a sponsor does not submit a completed verification form showing compliance with this regulation as set forth in Section 8, or if a licensee has not met the continuing education requirements and has not been granted an extension of time within which to comply, the licensee's license shall not be renewed until the person demonstrates to the commissioner's satisfaction that he has complied with all requirements of W.S. § 26-9-231.
(b) If the Department denies a request for extension to meet the continuing education requirements, the licensee’s license will lapse thirty (30) days after the date the denial is mailed to the licensee, unless the licensee provides proof of compliance with the continuing education requirements before the license lapses.
(c) The commissioner may immediately institute an administrative or other action pursuant to W.S. § 26-9-211 against any licensee who submits a false or fraudulent certificate of compliance or reporting form.
Section 15. Effective Date. This regulation shall be effective January 1, 2023.