N.M. Admin. Code § 13.4.7.11

Current through Register Vol. 35, No. 24, December 23, 2024

Section 13.4.7.11 - [Effective 4/1/2025] PROVIDER AND COURSE REQUIREMENTS

A.Provider qualifications. Prior to submitting proposed courses to the coordinator for approval, the provider shall submit the following information and be approved as a provider:

(1) the name and contact information for the provider's primary contact person;

(2) the provider's physical and mailing address;

(3) the provider's website address;

(4) a link that will be provided for licensees to review course dates, location, and content;

(5) procedures that will be used to process online enrollment in courses, including payment via credit card; and

(6) experience and qualifications of the course instructors.

B.Course content. To obtain approval of a course, a provider shall ensure that:

(1) the curriculum offered relates to insurance subjects, or subjects which relate to the individual licensee's transaction of insurance business;

(2) the course has significant intellectual or practical content and that its primary objective is to increase the participant's professional competence as a licensee; and

(3) pursuant to Subsection B of Section 59A-12-26 NMSA 1978, instruction shall be designed to refresh the licensee's understanding of:

(a) basic principles and coverages involved,

(b) applicable insurance laws and regulations,

(c) proper conduct of the licensee's business,

(d) duties and responsibilities of the licensee, and

(e) to address recent and prospective changes.

C.Course approval.

(1) The provider's course application to the coordinator shall include, at a minimum, the following information:

(a) a statement identifying the knowledge, skills, or abilities the licensee is expected to obtain through completion of the course;

(b) a detailed course content outline showing the approximate times for major topics;

(c) a detailed description of the course materials, including a course content word count, that demonstrates that the course supports the number of credit hours requested;

(d) the method of evaluation by which the provider measures how effectively the course meets its objectives and provides for student input;

(e) the total number of course hours requested for approval, including the method the applicant is using to determine the number of course hours and the number of hours included in the total number of course hours requested for approval that are ethics topics;

(f) the course application fee as specified in Section 59A-6-1 NMSA 1978; and

(g) for applicants determining self-study course hours by using the average of approved times in other states, a list of all course approved times and the states in which the course is approved;

(2)Prior approval. A provider shall submit each course for review and receive approval of the course prior to making that course available for enrollment by licensees. If the coordinator determines that the course content is incomplete or inadequate, the provider will be notified and required to supplement or modify the course before receiving approval.

(3)Renewals. The original course application fee covers the period until the initial expiration of the course. Courses shall be resubmitted for renewal, along with the renewal fee specified in Section 59A-6-1 NMSA 1978. Courses will not automatically be re-approved by the coordinator.

(4)Electronic course submission. Beginning July 1, 2017 any provider wishing to have a course approved by the coordinator, shall submit each course for approval electronically. Instructions for electronic submission of courses may be found on the OSI website. Providers should allow up to 60 days for the coordinator to approve a new course.

(5)Course expiration. All continuing education courses already approved by the coordinator at the time of the adoption of the final version of this regulation by the superintendent, will expire on April 1, 2025. All courses approved by the coordinator thereafter will expire two years after the date the course is approved.

(6)Voluntary cancellation. Providers shall notify the superintendent when a course is discontinued or no longer active and when there is a change to the provider's information of record.

(7)Non-voluntary course cancellation. Approved courses shall be cancelled and the content updated, as necessary, to reflect changes in the law or regulations. Failure of the provider to update courses in a timely manner may result in cancelation of the course by the superintendent.

D.Statement of approved courses. Providers of approved courses shall include the following written statement in the course materials for each approved course: "This course has been approved by the New Mexico Insurance Continuing Education Coordinator as New Mexico Insurance Continuing Education Course Number (insert number) for (insert number) hours of credit."

E.Instructors. A provider of an approved course shall ensure that instructors for all courses are qualified by practical or academic experience to teach the subject to be covered. No instructor shall present a course without prior approval by the OSI coordinator. An instructor shall submit a request for approval through an online application prescribed by the superintendent. With the submission of each instructor application, the provider must include a list of courses the applicant will be instructing. This list may be updated by the provider contact using the method prescribed by the OSI.

F.Enrollment. Providers shall make available a current list of scheduled courses including course content, applicable credits, course dates, instructor information and course location as appropriate. Providers shall collect course fees at the time of registration.

G.Minimum classroom requirements.

(1) Courses shall comply with the approved learning formats listed in Subsection D of 13.4.7.10 NMAC.

(2) A disinterested third party attendant, an instructor, or a disinterested third party using visual observation technology shall visually monitor attendance either inside or at all exits of the course presentation area at all times during the course presentation.

(3) An instructor shall be involved in each classroom presentation of the course, but in circumstances involving remote presentations, all students and the instructor do not need to be in the same location. Students may attend remotely via the internet or other real-time format. While presenting recorded or text materials, the instructor making the live course presentation does not have to be the same instructor included on the recorded presentation or who prepared the text materials.

(4) Question and answer discussion periods shall be provided by either an instructor making a live presentation of the course to licensees in the same room, or via real-time live audio or audio-visual connection which shall allow for student inquiries and responses with the presenting instructor, or by an instructor who is present for the entire remote, recorded, or computer-based course presentation with the students in the same room.

(5) The course pace shall be set by the instructor and does not allow for independent completion of the course by students.

(6) Providers may not include time spent by students on the final examination and pre-tests in determining course credit hours.

H.Course completion. A provider shall ensure that each licensee completes the course by either:

(1) monitoring the course to witness attendance and participation; or

(2) requiring submission of a test or other written work evidencing understanding of the course material.

I.Reciprocal courses. In order for a licensee to receive credit for a reciprocal course, the reciprocal course shall be approved in the provider's home state and have been submitted by the provider in its entirety to the coordinator for prior approval. The coordinator may choose to deny approval of any course hours that are related to the home state's laws or regulations or may deny any material, based on the NAIC's guidance.

J.Submission of roster. Within 10 business days after the completion of the course of instruction by a licensee, the provider shall electronically submit an attendance roster to the superintendent. The provider shall also provide documentation of course completion to each producer that successfully completed the course with 10 business days of completion.

K.Records. A provider shall maintain records of attendance and course completion for a minimum of three years and make such records available to the superintendent or the coordinator at any time upon request.

L.Audits. The OSI staff or the coordinator may conduct audits of any course or provider without prior notice to the provider. OSI staff or a designee may attend courses without identifying themselves as employees or representatives of OSI. If continuing education records are audited or reviewed and the validity or completeness of the records are questioned, the provider shall have 30 days from the date of notice to correct discrepancies or submit new documentation.

N.M. Admin. Code § 13.4.7.11

13.4.7.11 NMAC - Rp, 13 NMAC 4.7.11, 5-1-02, Adopted by New Mexico Register, Volume XXIX, Issue 04, February 27, 2018, eff. 2/27/2018, Adopted by New Mexico Register, Volume XXXV, Issue 23, December 10, 2024, eff. 4/1/2025