| (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.
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