Current through Register Vol. 35, No. 6, March 26, 2024
A.
Provider qualifications.
Prior to submitting proposed courses to the committee for approval, the
provider must submit the following information and be approved as a provider:
(1) the name and contact information for the
provider's primary contact person;
(2) the provider's physical and mailing
address;
(3) the provider's website
address;
(4) a link that will be
provided for licensees to review course dates, location, and content;
(5) procedures that will be used to process
online enrollment in courses, including payment via credit card; and
(6) experience and qualifications of the
course instructors.
B.
Course content. To obtain approval of a course, a provider shall
assure that:
(1) the curriculum offered
relates to insurance subjects, or subjects which relate to the individual
licensee's transaction of insurance business;
(2) the course has significant intellectual
or practical content and that its primary objective is to increase the
participant's professional competence as a licensee; and
(3) pursuant to Subsection B of Section
59A-12-26 NMSA 1978, instruction shall be designed to refresh the licensee's
understanding of:
(a) basic principles and
coverages involved,
(b) applicable
insurance laws and regulations,
(c)
proper conduct of the licensee's business,
(d) duties and responsibilities of the
licensee, and
(e) to address recent
and prospective changes.
C.
Course approval.
(1) The provider's course application to the
committee shall include, at a minimum, the following information:
(a) a statement identifying the knowledge,
skills, or abilities the licensee is expected to obtain through completion of
the course;
(b) a detailed course
content outline showing the approximate times for major topics;
(c) a detailed description of the course
materials, including a course content word count, that demonstrates that the
course supports the number of credit hours requested;
(d) the method of evaluation by which the
provider measures how effectively the course meets its objectives and provides
for student input;
(e) the total
number of course hours requested for approval, including the method the
applicant is using to determine the number of course hours and the number of
hours included in the total number of course hours requested for approval that
are ethics topics;
(f) the course
application fee as specified in Section 59A-6-1 NMSA 1978; and
(g) for applicants determining self-study
course hours by using the average of approved times in other states, a list of
all course approved times and the states in which the course is approved;
(2)
Prior
approval. A provider must submit each course for review and receive
approval of the course prior to making that course available for enrollment by
licensees. If the committee determines that the course content is incomplete or
inadequate, the provider will be notified and required to supplement or modify
the course before receiving approval.
(3)
Renewals. The original
course application fee covers the period until the initial expiration of the
course. Courses must be resubmitted for renewal, along with the renewal fee
specified in Section 59A-6-1 NMSA 1978. Courses will not automatically be
re-approved by the committee.
(4)
Electronic course submission. Beginning July 1, 2017 any provider
wishing to have a course approved by the committee, must submit each course for
approval electronically. Instructions for electronic submission of courses may
be found on the OSI website. Providers should allow up to 60 days for the
committee to approve a new course.
(5)
Course expiration. All
continuing education courses already approved by the committee at the time of
the adoption of the final version of this regulation by the superintendent,
will expire on March 31, 2018. All courses approved by the committee thereafter
will expire two years after the date the course is approved.
(6)
Voluntary cancellation.
Providers shall notify the superintendent when a course is discontinued or no
longer active and when there is a change to the provider's information of
record.
(7)
Non-voluntary
course cancellation. Approved courses shall be cancelled and the content
updated, as necessary, to reflect changes in the law or regulations. Failure of
the provider to update courses in a timely manner may result in cancelation of
the course by the superintendent.
D.
Statement of approved
courses. Providers of approved courses shall include the following
written statement in the course materials for each approved course: "This
course has been approved by the Insurance Continuing Education Committee as New
Mexico Insurance Continuing Education Course Number (insert number) for (insert
number) hours of credit."
E.
Instructors. A provider of an approved course shall assure that
instructors for all courses are qualified by practical or academic experience
to teach the subject to be covered. For purposes of this rule, practical or
academic experience shall include, but is not limited to, actual experience
related to the kind of insurance which is the subject of the course,
undergraduate or graduate educational training, or professional insurance
industry designations such as the Chartered Property Casualty
Underwriter (CPCU), Chartered Life Underwriter (CLU),
and Fellow of the
Life Management Institute
(FLMI) designations.
F.
Enrollment. Providers shall make available a current list of
scheduled courses including course content, applicable credits, course dates,
instructor information and course location as appropriate. Providers shall
collect course fees at the time of registration.
G.
Minimum classroom
requirements.
(1) Courses must comply
with the approved learning formats listed in Subsection D of
13.4.7.10
NMAC.
(2) A disinterested third
party attendant, an instructor, or a disinterested third party using visual
observation technology must visually monitor attendance either inside or at all
exits of the course presentation area at all times during the course
presentation.
(3) An instructor
must be involved in each classroom presentation of the course, but in
circumstances involving remote presentations, all students and the instructor
do not need to be in the same location. Students may attend remotely via the
internet or other real-time format. While presenting recorded or text
materials, the instructor making the live course presentation does not have to
be the same instructor included on the recorded presentation or who prepared
the text materials.
(4) Question
and answer discussion periods must be provided by either an instructor making a
live presentation of the course to licensees in the same room, or via real-time
live audio or audio-visual connection which shall allow for student inquiries
and responses with the presenting instructor, or by an instructor who is
present for the entire remote, recorded, or computer-based course presentation
with the students in the same room.
(5) The course pace shall be set by the
instructor and does not allow for independent completion of the course by
students.
(6) Providers may not
include time spent by students on the final examination and pre-tests in
determining course credit hours.
H.
Course completion. A provider
shall assure that each licensee completes the course either by:
(1) monitoring the course to witness
attendance and participation; or
(2) requiring submission of a test or other
written work evidencing understanding of the course material.
I.
Reciprocal
courses. In order for a licensee to receive credit for a reciprocal
course, the reciprocal course must be approved in the provider's home state and
have been submitted by the provider in its entirety to the committee for prior
approval. The committee may choose to deny approval of any course hours that
are related to the home state's laws or regulations or may deny any material,
based on the NAIC's guidance.
J.
Submission of roster. Within ten business days after the
completion of the course of instruction by a licensee, the provider must
electronically submit an attendance roster to the superintendent. Instructions
for electronic submittal may be found on the OSI website.
K.
Records. A provider shall
maintain records of attendance and course completion for a minimum of three
years and make such records available to the superintendent or the committee at
any time upon request.
L.
Audits. The OSI staff may conduct audits of any course or provider
without prior notice to the provider. OSI staff or a designee may attend
courses without identifying themselves as employees or representatives of OSI.
If continuing education records are audited or reviewed and the validity or
completeness of the records are questioned, the provider shall have 30 days
from the date of notice to correct discrepancies or submit new
documentation.
