28 Tex. Admin. Code § 19.1006

Current through Reg. 49, No. 45; November 8, 2024
Section 19.1006 - Course Criteria
(a) To be certified as a continuing education course, the course content must include topics that contribute substantive knowledge relating to the business of insurance and expand the competence of the licensee. Ethics and consumer protection course credit, described in paragraph (8) of this subsection, applies equally to all license types. TDI will not approve a course if it does not relate specifically to the business of insurance. Given that restriction, approved topics include, but are not limited to, the following:
(1) actuarial mathematics, statistics, and probability;
(2) assigned risk;
(3) claims adjusting;
(4) courses leading to and maintaining insurance designations;
(5) employee benefit plans;
(6) errors and omissions;
(7) estate planning/taxation;
(8) ethics and consumer protection, only if the course also provides instruction consistent with one or more of the following topics:
(A) Insurance Code Chapter 541, concerning Unfair Methods of Competition and Unfair or Deceptive Acts or Practices;
(B) Insurance Code Chapter 547, concerning False Advertising by Unauthorized Insurers;
(C) Insurance Code Chapter 542, Subchapter A, concerning Unfair Claim Settlement Practices;
(D) Business and Commerce Code Chapter 17, Subchapter E, concerning Deceptive Trade Practices and Consumer Protection Act;
(E) analogous laws as specified by TDI, including:
(i) Insurance Code Chapter 1952, Subchapter G, concerning Repair of Motor Vehicles;
(ii) Insurance Code Chapter 542, Subchapter B, concerning Prompt Payment of Claims;
(iii) Insurance Code Chapter 542, Subchapter D, concerning Notice of Settlement of Claim Under Casualty Insurance Policy;
(iv) Insurance Code Chapter 542, Subchapter E, concerning Recovery of Deductible From Third Parties Under Certain Automobile Insurance Policies;
(v) § 5.501 of this title (relating to Notice Requirements to Claimants Regarding Motor Vehicle Repairs); and
(vi) Penal Code Chapter 35, concerning Insurance Fraud;
(F) corporate ethics;
(G) ethical challenges of licensees;
(H) ethical behavior of an insurance company;
(I) ethical behavior of an agent or adjuster;
(J) duties of the licensee to company, client, and customer;
(K) duties of insurer/HMO to agents/clients;
(L) fiduciary responsibility;
(M) unfair marketing practices;
(N) difference between ethics and laws;
(O) confidentiality, privacy, and ethics;
(P) ethical analysis of the licensee's job;
(Q) philosophical approaches to ethics; or
(R) business ethics;
(9) fundamentals/principles of insurance;
(10) insurance accounting/actuarial considerations;
(11) insurance contract/policy comparison and analysis;
(12) insurance fraud;
(13) insurance laws, rules, regulations, and regulatory updates;
(14) insurance policy provisions;
(15) insurance product-specific knowledge;
(16) insurance rating/underwriting/claims;
(17) insurance tax laws;
(18) legal principles;
(19) long-term care/partnership;
(20) loss prevention, control, and mitigation;
(21) managed care;
(22) principles of risk management;
(23) proper uses of insurance products;
(24) Real Estate Settlement Procedures Act;
(25) restoration -- addresses claims, loss control issues, and mitigation;
(26) retirement planning;
(27) securities;
(28) suitability in insurance products;
(29) surety bail bond;
(30) underwriting principles; and
(31) viaticals/life settlements.
(b) To be certified as an adjuster prelicensing education course or program, the course content must enhance the student's knowledge, understanding, and/or professional competence regarding the subjects set forth in § 19.1017 and § 19.1018 of this title (relating to Adjuster Prelicensing Education Course Content and Examination Requirements and Adjuster Prelicensing Examination Topics). Unless specifically stated otherwise, this subchapter applies equally to courses certified for continuing education and adjuster prelicensing purposes.
(c) To be certified as a long-term care partnership certification course, the course content must enhance the student's knowledge, understanding, and professional competence regarding the subjects specified in § 19.1022 of this title (relating to Long-Term Care Partnership Certification Course). Unless specifically stated otherwise, this subchapter applies equally to courses certified for continuing education and long-term care partnership certification and long-term care partnership continuing education purposes.
(d) To be certified as a Medicare-related product certification course, the course content must enhance the student's knowledge, understanding, and professional competence regarding the subjects specified in § 19.1024 of this title (relating to Medicare-Related Product Certification Course). Unless specifically stated otherwise, this subchapter applies equally to courses certified for continuing education, Medicare-related product certification, and Medicare-related product continuing education purposes.
(e) To be certified as a small employer health benefit plan specialty certification course, the course content must enhance the student's knowledge, understanding, and professional competence regarding the subjects specified in § 19.1026 of this title (relating to Small Employer Health Benefit Plan Specialty Certification Course). Unless specifically stated otherwise, this subchapter applies equally to courses certified for continuing education and small employer health benefit plan specialty certification.
(f) To be certified as an annuity certification or continuing education course, the course content must enhance the student's knowledge, understanding, and professional competence regarding the subjects specified in §19.1028(g)(1) - (4) of this title (relating to Annuity Certification Course). Unless specifically stated otherwise, this section applies equally to courses certified for continuing education and annuity certification.
(g) The following course content is not applicable to a licensee's continuing education requirements:
(1) meetings held in conjunction with the regular business of the licensee or courses or training relating to the marketing and business practices of a specific company;
(2) course content teaching general accounting, speed reading, other general business skills, computer use, or computer software application use;
(3) course content teaching motivation, goal-setting, time management, communication, sales, or marketing skills;
(4) course content providing for prelicensing training qualifying examination preparation;
(5) course content that does not meet the requirement of subsection (a) of this section; and
(6) course content that is substantially:
(A) a glossary, dictionary, or index of insurance terms without independent distinction as to the application of these terms to the business of insurance through case studies or analysis based on actual or hypothetical factual situations that apply to the business of insurance; or
(B) a recitation of statutes, rules, legal principles, or theories without independent distinction as to the application of these issues to the business of insurance through case studies or analysis based on actual or hypothetical factual situations that apply to the business of insurance.
(h) A single continuing education course may include both ethics and consumer protection credit topics with other topics meeting the requirements of subsection (a) of this section.

28 Tex. Admin. Code § 19.1006

The provisions of this §19.1006 adopted to be effective January 10, 1997, 22 TexReg 49; amended to be effective January 6, 2003, 28 TexReg 75; 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 46, Number 24, June 11, 2021, TexReg 3610, eff. 6/16/2021