Section 2188.1 - Instructor/Subject Matter Expert Qualifications(a) A provider shall ensure all of the following: (1) That each course approved to satisfy the requirements of Sections 1749, 1749.3, 1749.31, 1749.32, 1749.33, 1749.4, 1749.5, 1749.8, 1749.85, 10113.2(b)(1)(A) and 10234.93(a)(4) of the California Insurance Code shall be taught or presented by an instructor/subject matter expert who meets at least one of the following qualifications: (A) Three (3) years of experience within the last five (5) years in the course or related subject matter;(B) Currently licensed as an insurance agent or broker-agent for the subject being taught and holding the insurance license for three (3) of the last five (5) years; or,(C) Possession of 1) a college degree in the subject matter being taught, or 2) a related recognized professional designation, or 3) related recognized professional credential in the subject matter being taught; and two (2) years experience within the last five (5) years in the course or related subject matter.(2) That each classroom and online prelicensing education instructor/subject matter expert, as defined in these regulations, shall meet all instructor/subject matter expert qualifications as stated in this section and shall receive comprehensive training from the provider;(3) That each online prelicensing education instructor/subject matter expert, as defined in these regulations, shall meet all instructor/subject matter expert qualifications as stated in this section and shall be available by telephone or email within one (1) business day, excluding state holidays, to respond to an online prelicensing student's course content questions. Questions asked during weekends shall be answered by close of business on the following Monday. Technical questions regarding course requirements and materials may be responded to by staff of the provider; and,(4) That an instructor/subject matter expert, defined in these regulations, shall be available by telephone or email within one (1) business day, excluding state holidays, to respond to continuing education non-contact student's course content questions. Questions asked during weekends shall be answered by close of business on the following Monday. Technical questions regarding course requirements and materials may be responded to by staff of the provider.(b) A provider shall collect and maintain sufficient documentation to demonstrate that each instructor/subject matter expert meets the minimum qualifications as set forth in this section. All documentation shall be maintained by the provider for a minimum of five (5) years after termination of the instructor/subject matter expert's employment. Documentation shall include the Form LIC-446-4 (Prelicensing/Continuing Education Program Instructor/Subject Matter Expert Qualification), as set forth in Section 2188.50, signed under penalty of perjury by the provider director and at least two (2) of the following: (1) Copy of degree, license, or certificate in the subject being taught;(2) Curriculum vitae, resume or transcripts stating instructor/subject matter expert's experience, qualifications and education;(3) Documents or letters from a third party, including but not limited to, a supervisor, professor, attorney, legislator, or certified public accountant that demonstrate the instructor/subject matter expert meets the minimum requirements; and(4) Documentation that the instructor/subject matter expert has successfully completed a course that meets the requirements of Section 1749.4 of the California Insurance Code.(c) The provider shall submit to the Commissioner a list of all instructors and subject matter experts that it uses for all of its approved courses. The list will be provided to the Commissioner at the time the provider submits the initial provider certification application, at the time of renewing the provider certification, and at any other time that a new instructor/subject matter expert is authorized. The list will be provided on Form 446-4A, Prelicensing/Continuing Education Program List of Instructor(s)/Subject Matter Expert(s). The Commissioner shall review Form 446-4A, Prelicensing/Continuing Education Program List of Instructor(s)/Subject Matter Expert(s). The Commissioner may direct the provider not to use an instructor/subject matter expert for any of the conditions stated in section 2188(a)(3)(A) and (C) through (K).
(d) The Commissioner shall have the right to review the provider's existing records of instructors/subject matter experts and direct the provider not to use an instructor and/or subject matter expert who does not meet the instructor/subject matter expert qualifications as set forth in this section or does not adhere to other applicable requirements stated in these regulations.Cal. Code Regs. Tit. 10, § 2188.1
1. New section filed 4-15-93; operative 5-17-93 (Register 93, No. 16).
2. Repealer and new section filed 8-23-96; operative 9-22-96 (Register 96, No. 34).
3. Amendment of section heading and section filed 2-23-2010; operative 3-25-2010 (Register 2010, No. 9).
4. Amendment of section and NOTE filed 10-22-2014; operative 2-19-2015 pursuant to Government Code section 11343.4(b)(2) (Register 2014, No. 43). Note: Authority cited: Section 1749.7, Insurance Code. Reference: Sections 1749, 1749.1, 1749.3, 1749.31, 1749.32, 1749.33, 1749.4, 1749.5, 1749.8, 1749.85, 10113.2(b)(1)(A) and 10234.93(a)(4), Insurance Code.
1. New section filed 4-15-93; operative 5-17-93 (Register 93, No. 16).
2. Repealer and new section filed 8-23-96; operative 9-22-96 (Register 96, No. 34).
3. Amendment of section heading and section filed 2-23-2010; operative 3-25-2010 (Register 2010, No. 9).
4. Amendment of section and Note filed 10-22-2014; operative 2/19/2015 pursuant to Government Code section 11343.4(b)(2) (Register 2014, No. 43).