28 Tex. Admin. Code § 19.1002

Current through Reg. 49, No. 44; November 1, 2024
Section 19.1002 - Definitions
(a) Words and terms defined in Insurance Code § 4001.003, concerning Definitions; §4004.151, concerning Agent Education Programs; or §4004.201, concerning Definition have the same meaning when used in this subchapter.
(b) The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise.
(1) Adjuster--An individual licensed under Insurance Code Chapter 4101, concerning Insurance Adjusters.
(2) Application level--Demonstration of the ability to use learned materials in a new situation, usually involving the application of rules, policies, methods, computations, laws, theories, or any other relevant and available information.
(3) Assignee--Any provider that is authorized under § 19.1008(f) of this title (relating to Certified Course Advertising, Modification, and Assignment).
(4) Authorized provider representative--The individual a provider designates as the contact individual responsible for all of the provider's communications and filings with the department.
(5) Business of insurance--Has the same meaning as set forth in Insurance Code § 101.051, concerning Conduct that Constitutes the Business of Insurance.
(6) Classroom course--A course complying with § 19.1009(g) of this title (relating to Types of Courses).
(7) Classroom equivalent course--A course complying with § 19.1009(h) of this title.
(8) Certificate of completion--A document complying with § 19.1007(a)(7) of this title (relating to Course Certification Submission Applications, Course Expirations, and Resubmissions).
(9) Certification course--A course designed to enhance the student's knowledge, understanding, and professional competence regarding specified subjects for an insurance product. The term includes courses that satisfy the requirements for the Long-Term Care Certification required by Insurance Code Chapter 1651, Subchapter C, concerning Partnership for Long-Term Care Program and Human Resources Code Chapter 32, Subchapter F, concerning Partnership for Long-Term Care Program; the Medicare-Related Product Certification required by Insurance Code Chapter 4004, Subchapter D, concerning Agent Education Programs; the Small Employer Health Benefit Plan Specialty Certification required by Insurance Code Chapter 4054, Subchapter H, concerning Specialty Certification for Agents Serving Certain Employer Groups; and the Annuity Certification required by Insurance Code § 1115.056, concerning Agent Training Requirements.
(10) Certified course--A classroom, classroom equivalent, or self-study course offered by a registered provider that the department or its designee has determined meets the requirements of this subchapter.
(11) Department--Texas Department of Insurance.
(12) Disinterested third party--An individual who is:
(A) not related to a student by blood, adoption, or marriage as a parent, child, grandparent, sibling, niece, nephew, aunt, uncle, or first cousin; or
(B) not an employee or subordinate of the student.
(13) Ethics course--A course that deals with usage and customs among members of the insurance profession, involving their moral and professional duties toward one another, toward clients, toward insureds, and toward insurers.
(14) Insurance course--A course primarily focused on teaching subjects related to the business of insurance.
(15) Interactive inquiries--An interactive electronic component that complies with § 19.1009(g)(2) of this title.
(16) Knowledge level--Recall of specific facts, patterns, methods, rules, dates, or other information that must be committed to memory.
(17) Licensee--An individual licensed under one or more of the following Insurance Code provisions:
(A) Chapter 4051, Subchapter B, concerning General Property and Casualty License; Subchapter C, concerning Limited Property and Casualty License; Subchapter E, concerning County Mutual Agent License; or Subchapter I, concerning Personal Lines Property and Casualty Agent;
(B) Chapter 4053, concerning Managing General Agents;
(C) Chapter 4054, Subchapter B, concerning General Life, Accident, and Health License; Subchapter C, concerning Limited Life, Accident, and Health License; Subchapter E, concerning Life Insurance Not Exceeding $25,000; or Subchapter G, concerning Life Agent;
(D) Chapter 4101, concerning Insurance Adjusters; or
(E) Chapter 4102, concerning Public Insurance Adjusters.
(18) Long-term care partnership insurance policy--For purposes of § 19.1022 of this title (relating to Long-Term Care Partnership Certification Course) and § 19.1023 of this title (relating to Long-Term Care Partnership Continuing Education) only, a policy established under Human Resources Code Chapter 32, Subchapter F, and Insurance Code Chapter 1651, Subchapter C.
(19) National designation certification--A professional designation that is:
(A) nationally recognized in the insurance industry; and
(B) issued by an entity that maintains a not-for-profit status and has been in existence for at least five years.
(20) One-time-event--A type of classroom course complying with § 19.1009(j) of this title.
(21) Provider--An individual or organization including a corporation, partnership, depository institution, insurance company, or entity chartered by the Farm Credit Administration as defined in Insurance Code § 4001.108, concerning Issuance of License to Entity Chartered by Federal Farm Credit Administration, registered with the department to offer continuing education courses for licensees, prelicensing instruction for adjusters, or long-term care partnership certification courses for licensees.
(22) Provider registration--The process of a provider seeking permission to offer continuing education courses for licensees, prelicensing education for adjusters, or long-term care partnership certification courses for licensees.
(23) Qualifying course--Insurance courses for which a licensee may receive continuing education credit and are:
(A) offered for credit by accredited colleges, universities, or law schools;
(B) part of a national designation certification program;
(C) approved for classroom, classroom equivalent, or participatory credit by the continuing education approval authority of a state bar association or state board of public accountancy; or
(D) certified or approved for continuing education credit under the guidelines of the Federal Crop Insurance Corporation.
(24) Reporting period--The period from the issue date or last renewal date of the license to the expiration date of the license, generally a two-year period.
(25) Self-study--A course complying with § 19.1009(i) of this title.
(26) Speaker--An individual who is speaking from special knowledge regarding the business of insurance obtained through experience and position in professional or social organizations, industry, or government.
(27) Student--A licensee or adjuster applicant enrolled in and attending a certified course for credit.
(28) TDI license number--An identification number the department assigns to the licensee and found on the license certificate.
(29) Visually monitored environment--An environment permitting visual identification of students and visual confirmation of attendance, including observation by camera.

28 Tex. Admin. Code § 19.1002

The provisions of this §19.1002 adopted to be effective May 27, 1994, 19 TexReg 3697; amended to be effective January 10, 1997, 22 TexReg 49; amended to be effective January 6, 2003, 28 TexReg 75; amended to be effective November 2, 2003, 28 TexReg 9274; amended to be effective November 25, 2007, 32 TexReg 8314; amended to be effective August 5, 2008, 33 TexReg 6138; amended to be effective February 21, 2010, 35 TexReg 1271; Amended by Texas Register, Volume 48, Number 24, June 16, 2023, TexReg 3290, eff. 6/19/2023