Current through Bulletin 2024-06, March 15, 2024
(1) Except as
permitted in Subsection
R590-142-4(3),
before offering a course for credit in Utah, a person must register as a
provider and submit a completed continuing education course filing form and
course outline for review by the commissioner.
(2) Upon receipt of a completed continuing
education course filing form and course outline from a registered provider, the
commissioner shall:
(a)
(i) approve a course as qualifying for credit
in accordance with the standards of this rule;
(ii) issue a course number; and
(iii) assign the number of hours to be
awarded to the approved course; or
(b)
(i)
disapprove a course as not qualifying for credit; and
(ii) furnish an explanation of the reason for
disapproval of the course.
(3) A new course offered by a registered
provider must be submitted to and approved by the commissioner at least 30 days
before being offered, except that post -approval of a course may be granted by
the commissioner upon submission of a written request and supporting
documentation of a course attended.
(4) A course advertisement shall not state or
imply that a course has been approved by the commissioner unless written
confirmation of the approval has been received by the registered
provider.
(5) A department employee
may attend a course at no cost for the purpose of auditing the course for
compliance.
(6) The following
course topics are examples of subject areas that qualify for approval if they
contribute to the knowledge and professional competence of an individual
licensee as a producer, consultant, or adjuster, and demonstrate a direct and
specific application to insurance:
(a) a
particular line of insurance:
(b)
investments or securities in connection with variable contracts;
(c) principles of risk management;
(d) insurance laws and administrative
rules;
(e) tax laws related to
insurance;
(f) accounting or
actuarial considerations in insurance;
(g) business or legal ethics; and
(h) other course subject areas may be
acceptable if the registered provider can demonstrate that the course
contributes to professional competence and otherwise meets the standards set
forth in this rule.
(7)
The following course topics are examples of subject areas that do not qualify
for approval:
(a) computer training and
software presentations;
(b)
motivation;
(c)
psychology;
(d) sales
training;
(e) communication
skills;
(f) recruiting;
(g) prospecting;
(h) personnel management;
(i) time management; and
(j) any course not in accordance with this
rule.
(8) The following
continuing education standards must be met for a course offered by a registered
provider to qualify for continuing education credit:
(a) the course must have significant
intellectual or practical content to enhance and improve the insurance
knowledge and professional competence of a participant;
(b) the course must be developed by persons
who are qualified in the subject matter and instructional design;
(c) the course content must be up to
date;
(d) the instructor must be
qualified with respect to course content and teaching methods;
(e) the instructor may be considered
qualified if, through formal training or experience, the instructor has
obtained sufficient knowledge to competently instruct the course;
(f) the number of participants and physical
facilities for a course must be consistent with the teaching method
specified;
(g) the course must
include some means for evaluating the quality of the course content;
(h) the course must provide for a method to
authenticate each student's identity; and
(i) the course must be taught in a manner
that complies with the Americans with Disabilities Act of 1990,
42 U.S.C.
12102, to enable licensees with a physical or
mental disability to complete the continuing education requirements.
(9) The following are additional
requirements for an interactive computer course of study offered by a
registered provider that is not taught by a live instructor:
(a) the course shall provide one or more of
the following types of exam questions at the end of each section of course
material presented:
(i) multiple
choice;
(ii) matching; or
(iii) true or false;
(b) the exam questions shall cover material
from the applicable section of the course that was presented to the
student;
(c) only upon completion
of an exam and not before or during the exam, the course shall identify all
incorrect responses and inform the student of the correct response with an
explanation of the correct answer;
(d) the course shall require answering 70% of
the inquiries for each exam correctly to demonstrate mastery of the current
section before the student is allowed by the program to proceed to the next
section or complete the course;
(e)
in the event a student does not achieve the 70% correct response rate necessary
to advance to the next section, the course shall generate a different set of
inquiries for the section, which may be repeated as necessary on a random or
rotating basis;
(f) the course
shall provide a method to authenticate the student's identity on a periodic
hourly basis, including upon entering, during, and exiting the
course;
(g) the course shall
provide a method to ensure that the amount of time necessary for a student to
complete course instruction and exam is no less than the amount of credit hours
approved for the course; and
(h)
the course shall provide for a method to directly transmit the final course
completion results to the registered provider or a printed course completion
receipt to be sent to the registered provider for issuance of a completion
certificate.
(10) A
continuing education course may not be offered or taught by a person who has:
(a) a lapsed, surrendered, suspended, or
revoked provider registration;
(b)
a suspended or revoked insurance license; or
(c) been prohibited from teaching a
course.
(11) Continuing
education credit may not be granted for a course offered by a registered
provider in which the course is:
(a) not
approved by the commissioner; or
(b) offered or taught by a person who has:
(i) a lapsed, surrendered, suspended, or
revoked provider registration; or
(ii) been prohibited from teaching a
course.
