Section 28.06. Requirements for approval of continuing education providers and courses.

 

(1)   Licensing of continuing education providers. An entity or individual seeking initial approval or reapproval from the commissioner as a continuing education provider shall submit an application on forms provided by the commissioner. The commissioner may require the following information and materials:

(b) A description of the experience and education that the applicant believes qualifies the applicant to be a provider;

(c) A description of the provider's organizational structure, registration policies, fee schedules, and promotional materials;

(d) A description of the provider's student record systems including a description of the methods for documenting attendance;

(e) The method used by the provider for evaluating instructors;

(f) An original signature of the person or persons authorized to sign certifications;

(g) A certificate format that the applicant proposes to use to comply with Appendix 1; and

(h) Other information as specified by the commissioner.

(2)   Criteria for approval. In order to be approved, continuing education providers shall:

(a) Comply with state or federal laws, including but not limited to laws regarding discrimination on the basis of sex, race, religion, age, physical disability, sexual orientation, or national origin in their educational programs;

(b) Certify that instructors will be experienced and qualified in insurance and satisfy at least one of the following criteria:

1. Is or has been engaged in the insurance industry or the practice of teaching insurance courses for the last three years;

2. Is a properly licensed insurance intermediary for the past 5 years and demonstrates to the commissioner that he or she is of good character and has the knowledge and breadth of experience in the subject area for which he or she will be providing instruction;

3. Holders of any of the designations identified in s. Ins 26.06 (2) (b) 4. , 5. and 6. ;

4. Is a member of the state bar in a state or the District of Columbia and is engaged in the field of insurance-related law; or

5. Is a certified public accountant licensed in a state or the District of Columbia and engaged in insurance-related practice.

(c) Show that information provided to comply with sub. (1) is likely to support a comprehensive and accurate treatment of the subjects required in each section.

(3)   Provider approval fees.

(a) The initial application fee to be paid by each licensed provider will be set through a competitive bid process not to exceed limits identified in s. 601.31 (1) (x) 1. , Stats. The biennial regulation fee paid by each licensed provider will be set through a competitive bid process not to exceed limits identified in s. 601.31 (1) (x) 2. , Stats. Wisconsin governmental bodies, such as universities and technical colleges, shall be exempt from these fees.

(4)   Application approval and expiration of approval. Upon receipt of an application for approval of a provider and the appropriate fee, the commissioner shall determine if the application meets the requirements and if the program provides for instruction of courses in a manner required by this chapter. The commissioner shall issue a decision on approval of an application no later than 60 days following the receipt of the completed application and all required information. Provider approval shall expire on July 31 of the next even-numbered year after approval. Each provider shall submit a renewal application for approval for the next period to the commissioner on or before June 1 of each even-numbered year.

(5)   Course approval.

(a) Upon receipt of an application for approval of a course from an approved continuing education provider and the appropriate fee, the commissioner shall determine if the course meets the requirements set forth in sub. (6) . The commissioner shall issue a decision approving or denying approval of a course no later than 30 days following the receipt of the completed application. Advertisement by the provider prior to approval must include language that the course as presented is pending approval by the state. Course approval shall expire 2 years from the date the course was approved by the commissioner.

(b) Credit will not be awarded to intermediaries for courses completed prior to the date approved by the commissioner.

(c) The following information shall be furnished with the request for approval of a continuing education course:

1. Name, license number, and address of provider;

2. Name of the instructor;

3. Name, telephone number, and signature of the contact person for the provider;

4. Course title;

5. The date the course will initially be offered;

6. The location where course will initially be offered;

7. Whether the course is new, repeat, revised, or offered live or by interactive video teleconference;

8. If it is a repeat course or a revised course, the course number;

9. An outline including a schedule of times when topics will be presented; the topics covered in the course, listed individually; and a summary of the instruction given and the material covered for each topic;

10. Number of credit hours requested; and

11. A description of the qualifications of each instructor and the subject matter the instructor will be teaching.

(d) Instructors of continuing education programs shall be approved by the commissioner. Instructors shall meet the criteria set forth in sub. (2) (b) . Submitted instructors may be replaced by other approved instructors with equal qualifications on an emergency basis.

(e) The course shall be conducted in accordance with the course outline and summary materials approved by the commissioner. After the provider has been notified of any deficiency, failure to correct the deficiency shall automatically void the course approval for any course held after notice.

(f) A provider shall give the commissioner electronic notice in a format specified by the commissioner at least 10 days in advance of offering an approved course on a date or at a place other than, or in addition to, the date and location provided in the initial request for approval.

(6)   Course content guidelines.

(a) The following course topics are examples of subjects that qualify for approval under sub. (5) :

1. Principles of property insurance

2. Principles of casualty insurance

3. Principles of life insurance

4. Principles of accident and health insurance

5. Estate planning/taxation

6. Ethics in insurance

7. Legal, legislative, regulatory matters in insurance

8. Wisconsin insurance code and administrative rules

9. Insurance policy contents

10. Proper use of insurance products

11. Accounting/actuarial considerations in insurance

12. Principles of risk management

13. Provisions/differences in insurance policy contracts

14. Tax laws (specifically related to insurance)

15. Wills and trusts

16. Multiple Employer Welfare Arrangements/Unauthorized Insurers

17. Legal structuring of life settlements

18. Legal relationships among the parties to a life settlement

19. Required disclosures and privacy requirements in life settlements

20. Ethical considerations in selling, soliciting, and negotiating life settlements

21. Life settlement contract requirements

22. Advertisements of life settlements

23. Life settlement remedies

24. Life settlement licensing requirements

(b) The following course topics are examples of subjects that do not qualify for approval:

1. Sales

2. Motivation

3. Prospecting

4. Psychology

5. Communication skills

6. Supportive office skills (typing, filing, telephone, computers)

7. Personnel management

8. Recruiting

9. Time management

10. Repair procedures

11. Cleaning techniques

12. Other subjects not related to the insurance industry

13. Agency management (except as permitted in par. (a) )

(7)   Course approval fees.

(a) The fee to be paid for each course submission by each provider shall be set through a competitive bid process not to exceed statutory limits identified in s. 601.31 (1) (x) 3. , Stats.

(b) The fee to be paid for each course submission by each provider for recognized programs of study identified in s. Ins 26.06 (2) (b) 4. , 5. , and 6. shall be the same as provided in par. (a) , not to exceed 8 times the credit hour fee per course.

(c) The fee to be paid for each course renewal by each provider shall not exceed 4 times the credit hour fee per course.

(8)   Notification. Within 10 days of a change to an approved course, approved providers shall notify the commissioner of any course information as required in sub. (5) (c) that has changed since filing (and on which course approval was based) with the commissioner.

History: Cr. Register, November, 1995, No. 479 , eff. 12-1-95; am. (6) (b) 7., renum. (6) (b) 10. to be (6) (b) 12., cr. (6) (b) 10., 11., 13. and (7) (b), Register, January, 1999, No. 517 , eff. 2-1-99; correction in (1) (a) made under s. 13.93 (2m) (b) 7., Stats.; CR 01-074 : cr. (7) (c), Register January 2002 No. 553 , eff. 2-1-02; CR 05-111 : cr. (6) (a) 16. Register October 2006 No. 610 , eff. 11-1-06; correction in (1) (a) made under s. 13.93 (2m) (b) 7., Stats., Register October 2006 No. 610 ; CR 09-022 : r. (1) (a), am. (2) (b) 3., (5) (a), (f) and (7) (b) Register August 2009 No. 644 , eff. 9-1-09; CR 10-151 : cr. (6) (a) 17. to 24. Register August 2012 No. 680 , eff. 9-1-12.