2006 New York Code - Continuing Education.

 
    § 2132. Continuing education. (a) This section shall apply to resident
  and  non-resident persons licensed pursuant to this article with respect
  to the following types of insurance:
    (1) life insurance, annuity contracts, variable annuity contracts  and
  variable life insurance;
    (2) sickness, accident and health insurance; and
    (3) all lines of property and casualty insurance.
    (b) This section shall not apply to:
    (1)  those  persons  holding  licenses for which an examination is not
  required by the laws of this state; or
    (2) any limited licensees or any other licensees as the superintendent
  may exempt subject  to  any  continuing  education  requirements  deemed
  appropriate by the superintendent.
    (c)  Resident  and  non-resident  persons  licensed  pursuant  to this
  article and not exempt under subsection (b) of  this  section,  and  any
  person  previously  so  licensed  whose license was not in effect on the
  effective date of this section and who has subsequently been  relicensed
  pursuant   to   the   provisions   of  this  article,  shall  biennially
  satisfactorily complete such courses or programs of instruction  as  may
  be approved by the superintendent, as follows:
    (1)  Any  person holding a license issued pursuant to this article and
  not exempt under subsection (b) of this section shall, during each  full
  biennial  licensing  period, satisfactorily complete courses or programs
  of  instruction  or  attend  seminars  as  may  be   approved   by   the
  superintendent equivalent to fifteen credit hours of instruction.
    (2)  During  the  same  calendar  year  biennial  licensing  period, a
  licensee may use accumulated continuing education credits  to  meet  the
  requirements  of similar classes of licenses, as follows: (A) subsection
  (a) of section two thousand one hundred three and section  two  thousand
  one  hundred  seven  of  this  article  with  respect  to life insurance
  consultants; or (B) subsection (b) of section two thousand  one  hundred
  three,  section  two thousand one hundred four, section two thousand one
  hundred  seven  of  this  article  with  respect  to  general  insurance
  consultants,  and section two thousand one hundred eight of this article
  with respect to public adjusters.
    (3) Excess credit hours  accumulated  during  any  biennial  licensing
  period shall not carry forward to the next biennial licensing period for
  that same class of license.
    (d) (1) The courses or programs of instruction successfully completed,
  which  shall  be  deemed  to  meet  the  superintendent's  standards for
  continuing education requirements, shall be:
    (A) courses, programs of  instruction  or  seminars,  approved  as  to
  method  and  content  by  the  superintendent,  covering portions of the
  principal branches of  insurance  related  to  the  kinds  of  insurance
  covered  by  that  license,  and given by a degree conferring college or
  university whose curriculum  is  registered  with  the  state  education
  department  at the time the person takes the course, whether such course
  be given as part of such curriculum  or  separately,  or  by  any  other
  institution,  agents'  association,  trade association or insurer, which
  maintains equivalent standards of instruction and which shall have  been
  approved for such purpose by the superintendent.
    (B)  continuing  education  as  required  by  the  state  in  which  a
  non-resident licensee, as defined by section two  thousand  one  hundred
  one of this article, resides and maintains an insurance office, provided
  the   superintendent  deems  them  equivalent  to  New  York  continuing
  education requirements. If the state in which the non-resident  licensee
  resides   and   maintains   an   office   has  no  continuing  education
  requirements, or the superintendent does not deem them  equivalent,  the
  licensee must satisfy New York continuing education requirements.
    (2)  The  number  of  credit  hours assigned to each of the courses or
  programs of instruction set forth in paragraph one  of  this  subsection
  shall be determined by the superintendent.
    (e)  Notwithstanding  paragraph one of subsection (d) of this section,
  no course, program of instruction, or seminar developed or sponsored  by
  any  insurer,  shall be deemed to meet the superintendent's standards of
  continuing education requirements, unless such insurer is authorized  to
  write that class of insurance in this state.
    (f)  A  person  who  teaches any approved course of instruction or who
  lectures at any approved seminar, and who is subject  to  this  section,
  shall  be granted the same number of credit hours as would be granted to
  a person taking and successfully  completing  such  course,  seminar  or
  program, provided that such credit hours shall be credited only once per
  approved course during any biennial licensing period.
    (g)  Every  person  subject  to  this section shall furnish, in a form
  satisfactory to  the  superintendent,  certification  attesting  to  the
  course  or  programs  of instruction taken and successfully completed by
  such person pursuant to subsection (d) of this section.
    (h) (1) Any person failing to meet the requirements  imposed  by  this
  section shall not be eligible to renew the license.
    (2)  Any person whose license was not renewed shall not be eligible to
  become relicensed during the next biennial licensing period  until  that
  person  has  demonstrated to the satisfaction of the superintendent that
  continuing education requirements for the last biennial licensing period
  were met.
    (3) Any person whose license was not renewed pursuant to paragraph one
  of this subsection, who accumulates  sufficient  credit  hours  for  the
  prior licensing period to qualify for relicensing in the biennial period
  following such non-renewal, may not apply those same credit hours toward
  the continuing education requirements for the current biennial licensing
  period.
    (i)   (1)   Any  entity  eligible  to  provide  courses,  programs  of
  instruction, or seminars in  accordance  with  subsection  (d)  of  this
  section,  must  file  for  approval  by the superintendent on a biennial
  basis, to conform with its area of instruction, a provider  organization
  application and a course submission application for each course, program
  and seminar.
    (2)  The  provider organization application shall include the names of
  all instructors to be used during the contract period,  and  instructors
  may  be  added  during  the  period  by notifying the superintendent and
  paying the appropriate filing fee.
    (3) The completed applications shall be returned in a  timely  manner,
  as  specified by the superintendent, with a non-refundable filing fee of
  two hundred dollars per organization, fifty dollars per course,  program
  and seminar, and fifty dollars per instructor.
    (4)  Approval  of  the  application  shall be at the discretion of the
  superintendent.
    (j) Each licensee shall pay a biennial fee of ten dollars per license,
  for continuing education certificate filing and  recording  charges,  to
  the superintendent or, at the discretion of the superintendent, directly
  to  an  organization  under  contract  to  provide  continuing education
  administrative services.