La. Admin. Code tit. 37 § XI-715

Current through Register Vol. 50, No. 11, November 20, 2024

Section XI-715 - Program Certification Requirements

A. An application for certification of a continuing education program shall be submitted to the commissioner not less than 30 days prior to the expected use of the program. Each application shall be submitted electronically using the "CE Course Administration Module" of the Industry Access System or succeeding system and shall include:

1. the full legal name and federal employer identification number (FEIN) of the provider of the continuing education program;

2. an outline of the program including a list of resource material to be used, a copy of the textbook to be used, description of the training aids to be used, a detailed description of the program, a schedule of the program which clearly indicates the time spent on each subject for which credit is being requested and the cost of the program to each participant;

3. a statement of the method used to determine the course has been completed and whether there has been a positive achievement of education on the part of the licensee participating in the program. Such method may be a written examination, a written report by the licensee, certification by the organization providing the program of the attendance or completion of the program by the licensee, or any other method approved by the commissioner as appropriate for the subject;

4. if the program is not a self-study program, a schedule of locations where the instructional program will be offered, and a schedule of times and dates when the program will be offered. Any change in the schedule of locations, dates or times of program presentation shall be filed with the commissioner no less than three days prior to the scheduled beginning date of the program presentation;

5. if the program is not a self-study program, the physical address, including room or suite number and a description of the facilities where the program will be presented. All facilities shall meet the requirements of §723 of this Rule;

6. if the program is a self-study program, a description of the measures used by the provider to verify identity of the participants;

7. if the program is a self-study program, a description of the technical support available to participants including the business hours of the support and the proposed length of time for response by the provider to any inquiries;

8. if the program is a self-study program, a description of the method used to prevent access to a course exam before review of the course material;

9. if the program is a self-study program, a user ID and log-in credentials to permit the commissioner to view the program in the same environment under the same conditions that will be permitted for the participants.

10. payment of all fees as required by R.S. 22:821(B)(29).

B. A provider may request that any program materials deemed proprietary or which contain trade secrets be maintained as confidential by the commissioner. All such requests must be made in strict compliance with the provisions of R.S. 44:3.2.

C. The provider shall not allow credit for hours for any program work that is not conducted under the direct supervision of the program instructor at the approved facility during scheduled program presentation or completed by self-study.

D. Any material changes to information submitted to the commissioner in association with an application for certification of a continuing education program that has been approved by the commissioner must be submitted to the commissioner no less than 30 days prior to the scheduled beginning date of the program presentation. A material change shall include any of the following:

1. change(s) to the instructors of the continuing education program;

2. change(s) to the facility where the continuing education program will be presented;

3. change(s) to the text books, resource material or training materials to be used in the continuing education program.

E. The following general subjects are acceptable for certification as continuing education programs as long as they contribute to the knowledge and professional competence of a licensee and demonstrate a direct and specific application to insurance:

1. insurance and risk management;

2. insurance laws, regulations and ethics;

3. programs in economics, business, management, computers, finance, taxes and laws which relate specifically to the insurance business;

4. claims management and damage assessment;

5. any other such subjects which may be related or that have a direct and specific application to the insurance industry and which contribute to the professional competence of a licensee. This may include but is not limited to subjects such as securities and finance.

F. The following general subjects are not acceptable for certification as continuing education programs:

1. any program used to prepare for taking an insurance or securities licensing examination;

2. general computer programs not specifically related to the business of insurance or adjusting;

3. motivational, psychology, communications, or sales training programs;

4. general business programs not specifically related to the business of insurance or adjusting;

5. any program not directly and specifically applicable to the insurance or adjusting business.

G. The commissioner shall not certify a continuing education program unless the program meets the following standards.

1. The program must have significant intellectual or practical content to enhance and improve the insurance knowledge and professional competence of participants.

2. The program must be developed by persons who are qualified in the subject matter and instructional design.

3. The program content must be current and up to date.

4. The program includes a means for evaluating the quality of the education provided.

5. Repealed.

H. If a provider utilizes published program materials, including text books, outlines or other similar materials, each attendee must be provided with a complete original text of the material as part of the fee for the program. This text shall be retained by the attendee and shall not be returned or resold to the provider. No substitute texts, outlines, summaries or copyright infringement is permitted.

I. A program may be certified for one or more of the following license types and credit shall be granted only to a licensee holding the type or types of license for which the program is approved:

1. insurance producer and consultant-life;

2. insurance producer and consultant-accident and health or sickness;

3. insurance producer and consultant-property;

4. insurance producer and consultant-casualty;

5. insurance producer-personal lines;

6. insurance producer-bail bond;

7. insurance producer-title;

8. adjuster.

J. A provider shall not advertise or represent to any licensee that a continuing education program has been approved for credit prior to the issuance of such approval by the commissioner. No assertion of pending approval may be made unless the program has been submitted to the commissioner.

K. Certification of a continuing education program shall expire three years from the date of certification. A provider may request renewal of the certification by submitting all information required by this section to the commissioner no less than 30 days prior to the expiration of the certification.

L. No licensee shall receive credit for a program if the program is completed after expiration of the certification. The provider shall be responsible to notify any licensee who has purchased a program of the expiration of the program if it is not completed prior to expiration of the certification.

M. A request for renewal of an internet-based self-study program shall include statistical information related to the program including the total number of Louisiana resident licensees who participated in the program in the previous three years and the average and median amount of time spent in the course environment by those licensees. In addition to the required information, the provider may also include information for all participants of the program. This information may be used by the commissioner in determining the appropriate number of credit hours to be awarded to the program upon renewal.

N. A licensee may request credit for a seminar, conference or similar program that is not self-study and has not otherwise been submitted for approval to the commissioner by the provider. Such request shall be in writing and shall contain sufficient information for the commissioner to determine compliance of the program with the requirements of this Rule. In determining the eligibility of the program for credit, the commissioner may consider all of the following:

1. Whether the seminar, conference or similar program occurred outside the boundaries of Louisiana.

2. Whether the Department of Insurance of another state has granted approval of the program for continuing education credit for insurance producers, adjusters, or insurance consultants licensed in that state.

3. Whether the information presented by the licensee is sufficient to determine the content of the program.

4. Whether the licensee can provide sufficient evidence of participation in the program. Registration and payment of any fees is not prima facie evidence of participation.

La. Admin. Code tit. 37, § XI-715

Promulgated by the Department of Insurance, Office of the Commissioner, LR 37:2175 (July 2011), Amended LR 47602 (5/1/2021), Amended LR 482763 (11/1/2022).

AUTHORITY NOTE: Promulgated in accordance with R.S. 22:11, R.S. 22:1547, R.S. 22:1573, R.S. 22:1673, R.S. 22:1678, R.S. 22:1702, R.S. 22:1708, R.S. 22:1808.4 and the Administrative Procedure Act, R.S. 49:950 et seq.