| (a) An individual whose life, accident, and health license is issued or renewed by the department on or after April 1, 2010, may not perform an action constituting the act of an agent under the Insurance Code §4001.051 with regard to a Medicare-related product, unless the individual: (1) satisfies the requirements of §19.102 of this title (relating to Agent Authority to Market Medicare Advantage Plans, Medicare Advantage Prescription Drug Plans, and Medicare Prescription Drug Plans); and (2) has completed a Medicare-related product certification course meeting the requirements of this subchapter. (b) This section establishes the standards for a Medicare-related product certification course. The course shall: (1) be submitted to the department for approval in compliance with §19.1007 of this subchapter (relating to Course Certification Submission Applications, Course Expirations, and Resubmissions); (2) be at least eight hours in length; and (3) cover each of the subjects described in subsection (f) of this section. (c) Licensees may count a Medicare-related product certification course toward completion of the continuing education requirements prescribed in §19.1003 of this subchapter (relating to Licensee Requirements). If a licensee chooses to use a Medicare-related product certification course to satisfy a portion of the continuing education requirements prescribed in §19.1003 of this subchapter, the licensee shall comply with §19.1013 of this subchapter (relating to Licensee Record Maintenance). (d) A licensee shall maintain proof of completion of a Medicare-related product certification course for a period of four years from the date of completion of the course. Upon request, the licensee shall provide proof of completion of the Medicare-related product certification course to the department. (e) A provider issued completion certificate for a Medicare-related product certification course must comply with the requirements of §19.1011 of this subchapter (relating to Requirements for Successful Completion of Continuing Education Courses). (f) Course subjects for a Medicare-related product certification course outline must include topics that address: (1) topics related specifically to Medicare-related products; (2) state and federal laws and rules related to Medicare-related products; (3) prohibited sales practices regarding Medicare-related products; (4) topics related to the suitability of sales of Medicare-related products; and (5) fraudulent and unfair trade practices regarding the sale of Medicare-related products. (g) Licensees that may qualify for the exemptions provided under §19.1004(b) or (c) of this subchapter (relating to Licensee Exemption from and Extension of Time for Continuing Education) are not exempt from the provisions of this section. |
