2013 New York Consolidated Laws
ISC - Insurance
Article 21 - (2101 - 2138) AGENTS, BROKERS, ADJUSTERS, CONSULTANTS AND INTERMEDIARIES
2132 - Continuing education.

 
    §  2132.  Continuing  education.    (a)  This  section  shall apply to
  resident and non-resident persons licensed pursuant to this article with
  respect to:
    (1) life insurance, annuity contracts, variable annuity contracts  and
  variable life insurance;
    (2) sickness, accident and health insurance;
    (3) all lines of property and casualty insurance; and
    (4) life settlements.
    (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;
    (2) any limited licensees or any other licensees as the superintendent
  may exempt subject  to  any  continuing  education  requirements  deemed
  appropriate by the superintendent; or
    (3)  for  purposes  of  the continuing education requirements for life
  settlements, an insurance producer with a life line of authority who  is
  acting  as a life settlement broker pursuant to section two thousand one
  hundred thirty-seven of this article.
    (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.