CHAPTER 20

REGULATION GOVERNING CONTINUING EDUCATION

Section 1. Statutory Authority

The statutory authority for this regulation is W.S. 26-9-141(c) and W.S. 26-2-110. It is adopted pursuant to the Wyoming Administrative Procedure Act.

Section 2. Purpose

The purpose of this regulation is to implement the Wyoming Legislature’s mandated continuing education requirement stated in W.S. 26-9-141, to protect the public, maintain high standards of profes- sional competence in the insurance industry, and maintain and improve the insurance skills and knowl- edge of persons licensed by the Commissioner by prescribing a minimum education in approved sub- jects that a licensee must periodically complete, procedures and standards for the approval of such education, and a procedure for establishing that continuing education requirements have been met.

Section 3. Definitions

Terms used in this Chapter have the following meanings:

1. (a) “Certificate of completion” — 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.
2. (b) “Certified course” — 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, or other areas which is approved by the Commissioner pursuant to Section 11 of this Regulation.
3. (c) “Classroom” — an organized setting where a group of persons is instructed; or corre- spondence or home study course culminating with a supervised examination.
4. (d) “Code” — the Wyoming Insurance Code, W.S. 26-1-101 et seq.
5. (e) “Commissioner” — the Wyoming Insurance Commissioner.
6. (f) “Department” — the Wyoming Insurance Department.
7. (g) “Good cause” — may include disability, death of an immediate family member, natural disaster or other extenuating circumstances.
8. (h) “Licensee” — a natural person who is a resident agent or broker, solicitor, service repre- sentative, adjuster, or consultant licensed by the Commissioner, or any other natural person licensed under Chapter Nine of the Code. “Licensee” includes new licensees unless the context clearly indicates otherwise.
9. (i) “New licensee” — a licensee who is issued, for the first time, a license by the Commis- sioner after June 30 of any year.
10. (j) “Preapproved” — a course of study for which the Commissioner has certified a specified number of credit hours without application for approval required by Section 11.
11. (k) “Sponsor” — a natural person, firm, institution, partnership, corporation, or association offering or providing continuing education courses for credit intended to meet the requirements of this regulation.
12. (l) “Verification form” — a form complying with the requirements of Section 10 completed by the licensee or new licensee to document compliance with the continuing education requirements.

Section 4. Basic Requirement

1. (a) New licensees shall complete five (5) hours of continuing education for the first year licensed.

2. (b) All other licensees shall complete ten (10) hours of continuing education annually.

   1. (i) The number of insurance company sponsored continuing education hours shall not exceed fifty (50) percent of the annual requirement.
   2. (ii) New licensees are exempt from provisions (i) and (ii) of this section.

Section 5. Applicability

1. (a) This regulation applies to all licensees and new licensees unless specifically exempted in subsection (b).
2. (b) All persons holding only a limited agent’s license issued under W.S. 26-9-140 are exempt from completing the requirements of this regulation.

Section 6. Exceptions

The following exceptions may be made to the continuing education rules:

1. (a) Any licensee or new licensee may carry forward to the next year up to five (5) credit hours.
2. (b) Upon written request received by the Department on or before the end of the calendar year (December 31), the Commissioner may grant an extension of up to one (1) year to complete that year’s continuing education requirement. An extension shall only be made for good cause shown by the licensee, in the written request for extension.
3. (c) A licensee who is not a resident of this State, who resides in a state or district having continuing education requirements which meet or exceed this State’s requirements, need only comply with his resident state’s requirements and the reporting requirement of Section 10 of this regulation.

4. (d) A licensee who is not a resident of this state, who resides in a state or district having continuing education requirements which do not meet this state’s requirements shall:

   1. (i) Complete his resident state’s requirements.
   2. (ii) Complete the necessary hours of continuing education to meet this state’s require- ment as determined by the Commissioner.
   3. (iii) Complete the reporting requirement of Section 10 of this regulation.

Section 7. Continuing Education Advisory Committee

1. (a) A Continuing Education Advisory Committee, comprised of representatives from the Wyoming State Board of Insurance Agents’ Examiners, shall be appointed by the Commissioner to perform the following:

   1. (i) Advise the Commissioner on certification of courses and hours of credit approved for courses as per the standards of this regulation.
   2. (ii) Attend and audit courses certified by the Commissioner, as requested.
   3. (iii) Consider other related matters as the Commissioner may assign.
2. (b) The Continuing Education Advisory Committee in performance of the functions set forth herein shall act in an advisory capacity only, all final decisions regarding continuing education shall rest with the commissioner.

Section 8. Program Requirements

1. (a) All continuing education courses are subject to review and certification by the Commis- sioner. They must be submitted to the Department in accordance with Section 11 of this regulation on forms approved by the Commissioner.

2. (b) Courses which qualify:

   1. (i) A specific course will qualify as an acceptable continuing education program if it is a formal course of learning which contributes directly to the professional competence of a licensee.

      All programs must meet the standards outlined in Section 8(b)(ii).

   2. (ii) Standards for continuing education courses. In order to qualify for credit, the following standards must be met:

      1. (A) Course development:

         1. (1) The course must have significant intellectual or practical content to enhance and improve the insurance knowledge and professional competence of participants.
         2. (2) The course must be developed by persons who are qualified in the subject matter and instructional design.
         3. (3) The course content must be current.

      2. (B) Course presentation:

         1. (1) 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.
         2. (2) The number of participants and physical facilities must be consis- tent with the teaching method specified.
         3. (3) All courses must include some means for evaluating quality.

   3. (iii) Courses which do not qualify:

      1. (A) Any course used to prepare for taking an insurance licensing examination, or taken prior to licensure.
      2. (B) Committee service on professional organizations.
      3. (C) Computer science courses.
      4. (D) Motivation, psychology, prospecting, recruiting, or sales training courses.
      5. (E) Securities, other than variable annuities.
      6. (F) Communications skills or personnel management courses.
      7. (G) Any program not in accordance with this regulation.

Section 9. Measurement of Credit

1. (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 — number of hours in the classroom in instruction or participation. 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.

2. (b) University or college upper division credit or noncredit courses shall be evaluated as follows:

   1. (i) Credit courses — each semester system credit hour shall not exceed five (5) hours toward the continuing education requirement; each quarter system credit hour shall not exceed three (3) hours. The final number of credits shall be determined by the Commissioner.
   2. (ii) Non-credit courses — the number of credits will be determined by the Commis- sioner, but not to exceed the amount allowed for credit courses.
3. (c) A licensee, whether an instructor or student, may receive credit for the same course only once in every three-year period.

Section 10. Reporting and Fees

1. (a) At any time after the continuing education requirements are met, the licensee may submit to the Department a completed verification form. Each licensee shall submit a completed verification form no later than February 28, of the following year, regarding that licensee’s fulfillment of the con- tinuing education requirements.
2. (b) Each licensee shall include a fee of five (5) dollars with the completed verification form.
3. (c) The original certificate of completion received for each educational course shall be retained by the licensee as evidence of completion of the program or course for the most recent two (2) year period. The certificates of completion shall be on a form promulgated by the Commissioner.
4. (d) The verification forms submitted by licensees will be reviewed by the Department and may be audited. If a verification form submitted by a licensee, as required by this regulation, is not approved, the licensee shall be notified and the basis for rejection will be set forth.
5. (e) The responsibility for establishing that a particular course for which credit is claimed is acceptable and meets the continuing education requirements set forth in this regulation rests solely on the licensee.

Section 11. Programs of Study — Certification by Commissioner

1. (a) All courses must be certified by the Commissioner. If a course is not certified in advance of presentation, an application for certification must be submitted to the Commissioner by the sponsor within sixty (60) days of completion of the course on forms promulgated by the Commissioner. All correspondence courses or individual study programs must be approved and certified in accordance with Section 8 prior to being offered to licensees for continuing education credit.
2. (b) Any sponsor intending to provide classes, seminars, or other forms of instruction as certified courses shall apply on forms promulgated by the Commissioner and furnish, for approval by the Commissioner, an outline of the subject matter to be covered, the method of presentation, the qualifi- cations of the instructor, and other information supporting the request for approval.
3. (c) The outline shall include a statement of the method used to determine whether there has been a positive achievement of education on the part of the licensee being certified as having satisfacto- rily completed the approved subject. Such 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.
4. (d) Upon receipt of the application, the Commissioner will certify or deny the course or program as qualifying for credit and indicate the number of hours that will be awarded for approved subjects. In cases of denial, the Commissioner will furnish a written explanation of the reason for such action. Upon certification, the course will be given a course certification number which must be used on all certificates of completion and verification forms.
5. (e) The Commissioner will provide, upon request, a list of all courses currently available which have been certified.
6. (f) Certification of a program will be effective for a period of time not to exceed one (1) year, or, until such earlier time as any material changes are made in the program, after which it must be resubmitted to the Commissioner. Courses which have previously been certified may be submitted by referencing the previously given course certification number, and outlining any material changes to the course.
7. (g) If any course has not been certified by the Commissioner before the date on which it is to be 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.
8. (h) Because of the known high quality of the programs, any recognized national program offered may be filed within sixty (60) days after it is given and will be approved for the number of classroom 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 CLU, ChFC, CFP, CPCU, LOMA, LUTC, HIAA courses and similar courses specifically accepted by the Department.

Section 12. Proof of Completion — Sponsor Responsibilities

1. (a) Upon completion of a class, program, or course of study, the instructor or sponsor shall, within sixty (60) days of completion of the course:

   1. (i) provide a certificate of completion to each licensee who satisfactorily completes the class, program, or course of study, and
   2. (ii) certify to the Commissioner a list of all such individuals, specifying whether the determination of satisfactory completion was based upon attendance, written report, or examination.

2. (b) Sponsor responsibilities. Sponsors shall be responsible for, but not limited to, the follow- ing:

   1. (i) Assuring 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 with their neighbor 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.

   2. (ii) Notifying the Commissioner of any material change in applications of course instructors or course content.
   3. (iii) Assuring that licensees are provided with current, accurate information, and classroom facilities conducive to a sound learning environment.
   4. (iv) Evaluation of courses and instructors. The Commissioner may request written evaluations of courses and instructors either by licensees or coordinators.
   5. (v) Investigating complaints relating to course offerings and instructors, and forward- ing all written complaints to the Department.
   6. (vi) Maintaining accurate records relating to course offerings, instructors, and licensee attendance for a period of two years from the date the course was completed.
   7. (vii) Being available to instructors and licensees by providing the name of the coordi- nator and a telephone number at which the coordinator can be reached.
   8. (viii) Notifying the Commissioner fifteen days in advance of any changes in course offering dates and subsequent offering dates of an approved course.
   9. (ix) Appointing one person to act as coordinator of the course and contact person with the Department.

Section 13. Loss of Certification: Action Against Sponsors

1. (a) The certification of a course may be suspended by the Commissioner if he determines that:

   1. (i) The course teaching method or program content no longer meet the standards of this regulation, or have been significantly changed without notice to the Commissioner for his reapproval; or
   2. (ii) The instructor, coordinator, or sponsor had certified to the Commissioner that a licensee had completed the program in accordance with the standards furnished for certification or completion of the course, when in fact the licensee has not done so; or
   3. (iii) Licensees who have satisfactorily completed the course of study in accordance with the standards furnished for certification or completion were not so certified by the sponsor, coordi- nator, or instructor (unless the certificate of completion was withheld pursuant to Section 12(b)(i)); or
   4. (iv) The instructor or sponsor is not qualified as defined by the standards of this regulation, has had an insurance license revoked, or lacks education or experience in the subject matter of the course.
   5. (v) There is other good and just cause why certification should be suspended. The Commissioner reserves the right to audit courses with or without the approval of the sponsor. The Commissioner may at any time after notice and opportunity for hearing withdraw previously granted approval of any course. Licensees who attended a course previous to the withdrawal of approval will be granted credit for hours in actual attendance.
2. (b) Reinstatement of a suspended certification will be made upon the furnishing of proof satisfactory to the Commissioner that the conditions responsible for the suspension have been corrected.

3. (c) The Commissioner may, upon finding any one or more of the following, institute an action against a sponsor:

   1. (i) Advertising that a course is certified prior to certification. Included within the meaning of “certified” are such notations as “____ hours CECs,” “will be worth ____ hours” or “ap- proved for credit in Wyoming”;
   2. (ii) Submitting a course outline with material inaccuracies, either out-of-date informa- tion or topic content;
   3. (iii) Presenting nonapproved material, during the time of a certified course.
   4. (iv) Failing to present a course for the full time specified in the request form submitted to the Department.
4. (d) The Commissioner, upon finding a violation of this regulation by a sponsor may, in addition to imposing any penalty provided by W.S. 26-1-107, withdraw the possibility of certification of that sponsor’s courses for a set period of time or indefinitely.

Section 14. Credit for Individual Study Programs

1. (a) In determining whether credit is to be allowed for specific correspondence or individual study programs, the Commissioner will determine the equivalency of the program to a comparable seminar or a comparable course for credit in an accredited educational institution.
2. (b) Supervision must be performed by a qualified educational director or other official as approved by the Commissioner.
3. (c) All approved correspondence courses or independent study courses must include an examination which requires a score of 70% or better, or 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 examinationsshall be administered, graded, and the results recorded by the sponsor to which approval was originally granted. Completed tests shall be retained by the sponsor and shall not be returned to any licensee.
4. (d) All correspondence courses or individual study courses must be submitted by the sponsor which compiles or publishes the course materials and must be approved prior to being offered to licens- ees for continuing education credit. Any course approval is not transferable to any other entity.
5. (e) Credit will be allowed only in the year in which the course is completed, except for the carry-over provision of Section 6(a).

Section 15. Credit for Service as Lecturer, Discussion Leader, or Speaker

1. (a) 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 16. Credit for Breakfast, Luncheon, or Dinner Meetings

Courses, seminars, or programs presented in connection with breakfast, luncheon, or dinner meetings may 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.

Section 17. Licensee’s Failure to Meet Requirements

1. (a) If a completed verification form showing compliance with this regulation is not submitted by a licensee as set forth in Section 10, or if a licensee has not met the continuing education require- ments, the Commissioner may institute an action to suspend any licenses held unless the licensee has submitted a request for extension as provided in Section 6(b).
2. (b) If a request for extension is denied, the Commissioner shall institute an action to suspend any licenses after the expiration of thirty days from the date denial of the extension is mailed to the licensee, unless proof of compliance with the continuing education requirement has been received by the Department.
3. (c) The Commissioner may immediately institute an action to suspend any licenses held by a licensee who submits a false or fraudulent certificate o f compliance, or reporting form.
4. (d) All actions instituted pursuant to this regulation shall be conducted in accordance with Chapter 32 of the Department’s rules and regulations, W.S. 26-2-125 and the Wyoming Administrative Procedure Act.

Section 18. Effective Date

This regulation shall be effective January 1, 1990.

Section 19. Separability

If any provision of this regulation is for any reason held to be invalid, the remainder of the regulation shall not be affected thereby.