Current through Reg. 50, No. 13; March 28, 2025
(a) The provider may provide courses open to
all licensees or restrict enrollment to licensees of its choice. Restricted
enrollment courses shall not be included on lists of courses available to the
public. In addition to public offerings, a provider may offer the open
registration courses to restricted audiences.
(b) Providers may advertise their courses
subject to the following guidelines:
(1)
Providers may not advertise that their course has been certified by the
department until they have received written confirmation from the department or
its designee of the certification of their course, except that providers may
advertise submitted courses as "Pending certification by the Texas Department
of Insurance."
(2) Advertisements
that include references to course certification by the department must also
include the provider's name and TDI provider number.
(3) Advertisements may not be misleading as
to the course content or requirements for successful completion, and must
clearly state:
(A) whether the provider is
offering the course for classroom, classroom equivalent, or self study
credit;
(B) any equipment or
software that is required to take the course; and
(C) the requirements for successful
completion of the course, including whether the course shall require a
monitored final examination.
(c) Providers shall not allow the
presentation of advertising of any type in any manner during course instruction
or examination periods. Use of company logos and references to specific company
products during a course shall not be considered advertising if they are the
subject of the course or are actually affixed to items being used, are
incidental to the presentation, and do not interfere with or distract from the
instruction.
(d) A provider may
make a written request for classroom credit certification of a recording of the
provider's certified classroom or one-time-event course. The certification
shall be for the same number of credit hours. The recorded version must present
the program in its entirety and may be edited only to remove gaps between
presentations. This shall not be considered as a new course application for the
purpose of fees. A provider making a presentation of a recorded certified
classroom or one-time-event course must maintain a record of the name,
qualifications, and certification of all instructors that present the recorded
course.
(e) Providers modifying
certified courses or one-time-events as to the number of credit hours or
changing the course to qualify as a classroom equivalent or self study course,
must submit the modified course for certification.
(f) The department shall not grant credit for
any assigned courses except as provided under this subsection.
(1) Both the assignee and assignor must be
authorized providers.
(2) The
course may not be modified:
(A) by changing
more than 25% of the certified course content;
(B) to change the number of certified course
credit hours;
(C) to change the
type of course credit hours; or
(D)
by using an examination other than that prepared by the originating
assignor.
(3) The
assignee must submit to the department or its designee an assignment form
provided by the department designating the assignment of the course, bearing an
original signature of the assignor's authorized provider representative, and
detailing:
(A) the original course
certification number;
(B) the
actual calendar date the assignment is effective;
(C) the actual calendar date the assignment
terminates; and
(D) any other
information which may be requested by the department or its designee.
(4) The assignor shall deliver all
information required for certification of a course as set forth in §
19.1007(a) of
this title (relating to Course Certification Submission Applications, Course
Expirations, and Resubmissions) to the assignee. The assignee shall maintain
all information required under §
19.1007(a) of
this title and shall submit to the department or its designee such information
on request.
(5) Assignment of any
course shall not affect the certification period of the course or work to
extend the course certification termination date.
(6) Assigned courses shall be considered as
courses of the assignee for purposes of this subchapter and the assignee shall
comply with all parts of this subchapter in relation to the assigned course,
except that assignees may not assign an assigned course.
(7) The department shall not act on behalf
of, or at the request of, any party in any dispute over an
assignment.
(8) The department
shall consider an assignment terminated only upon the following events:
(A) the date the assignment terminates as
specified in the assignment application;
(B) the written and signed request of both
the assignor and assignee, which may be granted or given to an assignor by the
assignee in advance or as a condition of assignment;
(C) termination of assignee's registration as
a provider;
(D) expiration of the
course certification; or
(E) the
order of a court of competent jurisdiction finding that the assignee is not
authorized to present the course or that the assignment agreement is
terminated.
(9)
Assignees may not offer an assigned course after the course's certification
termination date unless the originating assignor re-certifies the
course.
