Current through Register Vol. 50, No. 9, September 20, 2024
A. An application for certification of a
continuing education program shall be submitted to the commissioner not less
than 30 days prior to the expected use of the program. Each application shall
be submitted electronically using the "CE Course Administration Module" of the
Industry Access System or succeeding system and shall include:
1. the full legal name and federal employer
identification number (FEIN) of the provider of the continuing education
program;
2. an outline of the
program including a list of resource material to be used, a copy of the
textbook to be used, description of the training aids to be used, a detailed
description of the program, a schedule of the program which clearly indicates
the time spent on each subject for which credit is being requested and the cost
of the program to each participant;
3. a statement of the method used to
determine the course has been completed and whether there has been a positive
achievement of education on the part of the licensee participating in the
program. Such method may be a written examination, a written report by the
licensee, certification by the organization providing the program of the
attendance or completion of the program by the licensee, or any other method
approved by the commissioner as appropriate for the subject;
4. if the program is not a self-study
program, a schedule of locations where the instructional program will be
offered, and a schedule of times and dates when the program will be offered.
Any change in the schedule of locations, dates or times of program presentation
shall be filed with the commissioner no less than three days prior to the
scheduled beginning date of the program presentation;
5. if the program is not a self-study
program, the physical address, including room or suite number and a description
of the facilities where the program will be presented. All facilities shall
meet the requirements of
§723 of this Rule;
6. if the program is a self-study program, a
description of the measures used by the provider to verify identity of the
participants;
7. if the program is
a self-study program, a description of the technical support available to
participants including the business hours of the support and the proposed
length of time for response by the provider to any inquiries;
8. if the program is a self-study program, a
description of the method used to prevent access to a course exam before review
of the course material;
9. if the
program is a self-study program, a user ID and log-in credentials to permit the
commissioner to view the program in the same environment under the same
conditions that will be permitted for the participants.
10. payment of all fees as required by
R.S.
22:821(B)(29).
B. A provider may request that any
program materials deemed proprietary or which contain trade secrets be
maintained as confidential by the commissioner. All such requests must be made
in strict compliance with the provisions of
R.S.
44:3.2.
C. The provider shall not allow credit for
hours for any program work that is not conducted under the direct supervision
of the program instructor at the approved facility during scheduled program
presentation or completed by self-study.
D. Any material changes to information
submitted to the commissioner in association with an application for
certification of a continuing education program that has been approved by the
commissioner must be submitted to the commissioner no less than 30 days prior
to the scheduled beginning date of the program presentation. A material change
shall include any of the following:
1.
change(s) to the instructors of the continuing education program;
2. change(s) to the facility where the
continuing education program will be presented;
3. change(s) to the text books, resource
material or training materials to be used in the continuing education
program.
E. The
following general subjects are acceptable for certification as continuing
education programs as long as they contribute to the knowledge and professional
competence of a licensee and demonstrate a direct and specific application to
insurance:
1. insurance and risk
management;
2. insurance laws,
regulations and ethics;
3. programs
in economics, business, management, computers, finance, taxes and laws which
relate specifically to the insurance business;
4. claims management and damage
assessment;
5. any other such
subjects which may be related or that have a direct and specific application to
the insurance industry and which contribute to the professional competence of a
licensee. This may include but is not limited to subjects such as securities
and finance.
F. The
following general subjects are not acceptable for certification as continuing
education programs:
1. any program used to
prepare for taking an insurance or securities licensing examination;
2. general computer programs not specifically
related to the business of insurance or adjusting;
3. motivational, psychology, communications,
or sales training programs;
4.
general business programs not specifically related to the business of insurance
or adjusting;
5. any program not
directly and specifically applicable to the insurance or adjusting
business.
G. The
commissioner shall not certify a continuing education program unless the
program meets the following standards.
1. The
program must have significant intellectual or practical content to enhance and
improve the insurance knowledge and professional competence of
participants.
2. The program must
be developed by persons who are qualified in the subject matter and
instructional design.
3. The
program content must be current and up to date.
4. The program includes a means for
evaluating the quality of the education provided.
5. Repealed.
H. If a provider utilizes published program
materials, including text books, outlines or other similar materials, each
attendee must be provided with a complete original text of the material as part
of the fee for the program. This text shall be retained by the attendee and
shall not be returned or resold to the provider. No substitute texts, outlines,
summaries or copyright infringement is permitted.
I. A program may be certified for one or more
of the following license types and credit shall be granted only to a licensee
holding the type or types of license for which the program is approved:
1. insurance producer and
consultant-life;
2. insurance
producer and consultant-accident and health or sickness;
3. insurance producer and
consultant-property;
4. insurance
producer and consultant-casualty;
5. insurance producer-personal
lines;
6. insurance producer-bail
bond;
7. insurance
producer-title;
8.
adjuster.
J. A provider
shall not advertise or represent to any licensee that a continuing education
program has been approved for credit prior to the issuance of such approval by
the commissioner. No assertion of pending approval may be made unless the
program has been submitted to the commissioner.
K. Certification of a continuing education
program shall expire three years from the date of certification. A provider may
request renewal of the certification by submitting all information required by
this section to the commissioner no less than 30 days prior to the expiration
of the certification.
L. No
licensee shall receive credit for a program if the program is completed after
expiration of the certification. The provider shall be responsible to notify
any licensee who has purchased a program of the expiration of the program if it
is not completed prior to expiration of the certification.
M. A request for renewal of an internet-based
self-study program shall include statistical information related to the program
including the total number of Louisiana resident licensees who participated in
the program in the previous three years and the average and median amount of
time spent in the course environment by those licensees. In addition to the
required information, the provider may also include information for all
participants of the program. This information may be used by the commissioner
in determining the appropriate number of credit hours to be awarded to the
program upon renewal.
N. A licensee
may request credit for a seminar, conference or similar program that is not
self-study and has not otherwise been submitted for approval to the
commissioner by the provider. Such request shall be in writing and shall
contain sufficient information for the commissioner to determine compliance of
the program with the requirements of this Rule. In determining the eligibility
of the program for credit, the commissioner may consider all of the following:
1. Whether the seminar, conference or similar
program occurred outside the boundaries of Louisiana.
2. Whether the Department of Insurance of
another state has granted approval of the program for continuing education
credit for insurance producers, adjusters, or insurance consultants licensed in
that state.
3. Whether the
information presented by the licensee is sufficient to determine the content of
the program.
4. Whether the
licensee can provide sufficient evidence of participation in the program.
Registration and payment of any fees is not prima facie evidence of
participation.
AUTHORITY NOTE:
Promulgated in accordance with
R.S.
22:11,
R.S.
22:1547,
R.S.
22:1573,
R.S.
22:1673,
R.S.
22:1678,
R.S.
22:1702,
R.S.
22:1708,
R.S.
22:1808.4 and the Administrative Procedure
Act,
R.S.
49:950 et
seq.
