Ohio Administrative Code
Title 3901 - Department of Insurance
Chapter 3901-5 - Agents, Licensing, Continuing Education
Section 3901-5-04 - Continuing education market practices/audit
Universal Citation: OH Admin Code 3901-5-04
Current through all regulations passed and filed through September 16, 2024
(A) Purpose
The purpose of this rule is to establish criteria, standards and procedures for providers of continuing education (CE) programs.
(B) Authority
This rule is promulgated pursuant to the authority vested in the superintendent under sections 3901.041 and 3905.486 of the Revised Code.
(C) Provider practices
(1) A course must be offered and presented as
approved. The failure to do so may result in a denial of CE credit for the
course.
(2) Written notice of any
changes to a provider or course application must be given to the superintendent
no later than fifteen days subsequent to the effective date of the change.
Notice of such changes must contain both the provider and course identification
numbers.
(3) Providers may not
change a course's content or outline without prior written approval of the
superintendent. Change to a course content or outline
may result in the issuance of a new course identification number. Failure
to obtain such written approval in advance of offering the course may result in
a denial of CE credit for the course.
(4) An approved course must be in session on
the date(s) scheduled, during the specified hours and at the designated
location unless cancelled in accordance with paragraph (C)(5) of this rule or
unless notification of any change is given to the superintendent in accordance
with paragraph (C)(2) of this rule.
(5) If an approved course is cancelled, or if
an agent cancels in advance of the date of the course, the provider must refund
all fees in full within forty-five days of the cancellation unless a different
refund policy is conspicuously printed on the provider's materials.
(6) A provider must issue written
notification to all individuals who are scheduled to attend a course of any
change in the course location, date, time, course content, or refund policy
prior to the course offering. If a course is postponed to a later date or moved
to a location that is different and is more than ten miles from the original
course location, the provider must offer each agent who is scheduled to attend
the option of a full refund in lieu of attending the class.
(7) A provider must monitor
the course attendance, examination or
participation of each agent. The provider must be able to provide reasonable
assurance of active student participation in every course.
(8) A provider must submit the date, time and
location of each course to the superintendent at least ten days prior to the
offering of the course. The provider must notify the superintendent, in
writing, immediately upon cancellation of or any change to a scheduled course.
Providers do not need to report examination schedules for courses approved as
self-study.
(9) Providers approved
to offer CE credit for association membership shall not submit to the
superintendent association membership credit based on an agent's act of joining
the local, regional, state or national professional insurance
association.
(10) A provider must
comply with the "Equal Employment Opportunity" and the Americans with
Disabilities Act.
(11) Facilities
must be large enough to comfortably accommodate all attendees and instructors
and must be conducive to the education process.
(12) Providers shall submit all applications,
schedules and rosters electronically, using a system prescribed by the
superintendent, unless the superintendent has authorized other submission
methods. Each individual accessing the department's
electronic reporting system must have his or her own user name and
password.
(13)
Provider must obtain the following information from
each agent as part of the course registration:
(a)
National producer
number (NPN);
(b)
First and last name as they appear on the agent's
license record with this state;
(c)
Attestation from
each agent that they will complete the course themselves and without improper
assistance of others; and
(d)
Agent's signature. Electronic signature is
acceptable.
(D) Attendance rosters
(1) Each provider shall maintain accurate
attendance records for each course. Providers must obtain the agents signatures
and appropriate verification of the time of arrival and departure.
(2) Within fifteen calendar days after the
completion of a course, the provider shall file an attendance roster, which
identifies each agent who completed the course. The roster must include the
agent's name, national producer number (NPN) or other identification number
requested by the superintendent, and the number of requested credits per agent
listed on the roster. If partial credit is being given, the provider must note
on the attendance roster the actual number of credits to be given to that
agent. The participation fee amount submitted to the roster must be equal to
the number of credits approved for the course.
(3) Instructors may receive double the number
of credit hours which they taught. Any instructor for whom CE credit is sought
shall also be identified on the attendance roster with a notation of the total
number of credits that are to be given for the instruction. Providers must
include a participation fee equal to the number of credits given to the
instructor.
(4) The provider's
failure to timely file an attendance roster, or other acceptable documentation,
may result in a denial of CE credit for those agents who attended the
course.
(5) For association
membership credit, the provider must submit a course roster to the
superintendent within fifteen calendar days of an agent making a written
request to the association. Prior to submitting a course roster, it is the
responsibility of the association to verify that the agent's activity qualifies
for association credit.
(a) The provider shall
submit only one qualifying activity or program per roster and shall identify
the number of association credits each agent earned per activity. The provider
may issue association credit on each roster ranging from one credit to no more
than four credits per agent.
(b)
The provider must submit the course participation fee of one dollar per
association membership credit per member with the roster.
(E) Advertising
(1) All CE advertising or promotion of any
kind must contain all of the following:
(a)
The complete name of the provider as it appears on the application for provider
approval;
(b) The complete title of
the course as it appears on the application for course approval;
(c) The number of Ohio CE credit hours
and topic for which the course is approved;
(d) Whether an exam is required in order to
receive CE credit;
and
(e) Level of course
instruction (i.e. introductory, intermediate, advanced).
(2) A provider must not represent that a
course has been approved for CE credit in Ohio until the superintendent issues
written approval of course. A provider may represent that an application for CE
approval is pending, but if a provider does so and approval is not granted, the
provider must make a full refund of all fees. If a provider represents that
approval is pending, the provider must also state, in substance, that the
superintendent could deny course approval or approve the course for fewer
credits than requested.
(3) A
provider shall not offer any guarantee or represent that there is any guarantee
that a licensee will pass a required examination.
(4) A provider approved to offer association
membership credit shall not offer any guarantee or representation that
membership in its organization will automatically qualify for CE
credits.
(5) If several approved
courses are offered together, all advertising and promotional materials must
separately identify each approved course and the respective number of CE credit
hours for which each course topic is
approved.
(6) In advertising or
promoting itself or any of its courses, a provider shall not make any
representation or statement, or cause or permit another to make any
representation or statement which is false, deceptive or misleading.
(7) A provider's refund policy must be
clearly and conspicuously disclosed in all advertising and on all printed
promotional materials.
(F) Audit
(1) The superintendent may audit a provider's
records and courses at any time without prior notice.
(2) The instructors at an approved course may
be required to provide proof of identity upon request during an audit of a
course.
(G) Records retention
(1) Each provider shall retain all
records which pertain to its Ohio CE activities for a minimum of four
years.
(2) A provider must be able
to verify who attended or completed each course for a minimum of four years
following the completion of such course.
(3) A provider approved to issue association
membership credit must be able to verify active participation by those members
granted such credit for a minimum of four years following the completion of the
calendar year in which credit was granted.
(H) Certificate of completion
(1) A certificate of completion shall contain
the agent's name and national producer number (NPN) or other identification
number requested by the superintendent, the name and identification number of
the course, the date(s) the course was held or date(s) the association credit
activity was earned, the number of credit hours completed by the agent, the
name and identification number of the provider and a representative of the
provider shall sign each certificate. Provider
signature may be facsimile stamp, electronic or wet signature.
(2) A provider shall issue a certificate of
completion to each agent within ten calendar days of course completion. For
association membership credit, the course completion date shall be based on the
date the provider received a written request from an agent requesting
association membership credit pursuant to paragraph (F)(5) of rule
3901-5-01
of the Administrative Code or the date of the association activity, whichever
is later.
(I) Severability
If any paragraph, term or provision of this rule is adjudged invalid for any reason, such judgment shall not affect, impair or invalidate any other paragraph, term or provision of this rule, and the remaining paragraphs, terms and provisions shall be and shall continue in full force and effect.
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