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RULE §19.1008Certified Course Advertising, Modification, and Assignment

(a) The provider may provide courses open to all licensees or restrict enrollment to licensees of its choice. Restricted enrollment courses shall not be included on lists of courses available to the public. In addition to public offerings, a provider may offer the open registration courses to restricted audiences.

(b) Providers may advertise their courses subject to the following guidelines:

  (1) Providers may not advertise that their course has been certified by the department until they have received written confirmation from the department or its designee of the certification of their course, except that providers may advertise submitted courses as "Pending certification by the Texas Department of Insurance."

  (2) Advertisements that include references to course certification by the department must also include the provider's name and TDI provider number.

  (3) Advertisements may not be misleading as to the course content or requirements for successful completion, and must clearly state:

    (A) whether the provider is offering the course for classroom, classroom equivalent, or self study credit;

    (B) any equipment or software that is required to take the course; and

    (C) the requirements for successful completion of the course, including whether the course shall require a monitored final examination.

(c) Providers shall not allow the presentation of advertising of any type in any manner during course instruction or examination periods. Use of company logos and references to specific company products during a course shall not be considered advertising if they are the subject of the course or are actually affixed to items being used, are incidental to the presentation, and do not interfere with or distract from the instruction.

(d) A provider may make a written request for classroom credit certification of a recording of the provider's certified classroom or one-time-event course. The certification shall be for the same number of credit hours. The recorded version must present the program in its entirety and may be edited only to remove gaps between presentations. This shall not be considered as a new course application for the purpose of fees. A provider making a presentation of a recorded certified classroom or one-time-event course must maintain a record of the name, qualifications, and certification of all instructors that present the recorded course.

(e) Providers modifying certified courses or one-time-events as to the number of credit hours or changing the course to qualify as a classroom equivalent or self study course, must submit the modified course for certification.

(f) The department shall not grant credit for any assigned courses except as provided under this subsection.

  (1) Both the assignee and assignor must be authorized providers.

  (2) The course may not be modified:

    (A) by changing more than 25% of the certified course content;

    (B) to change the number of certified course credit hours;

    (C) to change the type of course credit hours; or

    (D) by using an examination other than that prepared by the originating assignor.

  (3) The assignee must submit to the department or its designee an assignment form provided by the department designating the assignment of the course, bearing an original signature of the assignor's authorized provider representative, and detailing:

    (A) the original course certification number;

    (B) the actual calendar date the assignment is effective;

    (C) the actual calendar date the assignment terminates; and

    (D) any other information which may be requested by the department or its designee.

  (4) The assignor shall deliver all information required for certification of a course as set forth in §19.1007(a) of this title (relating to Course Certification Submission Applications, Course Expirations, and Resubmissions) to the assignee. The assignee shall maintain all information required under §19.1007(a) of this title and shall submit to the department or its designee such information on request.

  (5) Assignment of any course shall not affect the certification period of the course or work to extend the course certification termination date.

  (6) Assigned courses shall be considered as courses of the assignee for purposes of this subchapter and the assignee shall comply with all parts of this subchapter in relation to the assigned course, except that assignees may not assign an assigned course.

  (7) The department shall not act on behalf of, or at the request of, any party in any dispute over an assignment.

  (8) The department shall consider an assignment terminated only upon the following events:

    (A) the date the assignment terminates as specified in the assignment application;

    (B) the written and signed request of both the assignor and assignee, which may be granted or given to an assignor by the assignee in advance or as a condition of assignment;

    (C) termination of assignee's registration as a provider;

    (D) expiration of the course certification; or

    (E) the order of a court of competent jurisdiction finding that the assignee is not authorized to present the course or that the assignment agreement is terminated.

  (9) Assignees may not offer an assigned course after the course's certification termination date unless the originating assignor re-certifies the course.

Source Note: The provisions of this §19.1008 adopted to be effective January 6, 2003, 28 TexReg 75

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