WSR 16-07-081
EXPEDITED RULES
OFFICE OF
INSURANCE COMMISSIONER
[Insurance Commissioner Matter No. R 2016-03—Filed March 17, 2016, 2:20 p.m.]
Title of Rule and Other Identifying Information: Technical changes to producer continuing education rule.
NOTICE
THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Bianca Stoner, Office of Insurance Commissioner (OIC), P.O. Box 40260, Olympia, WA 98504-0260, e-mail rulescoordinator@oic.wa.gov, AND RECEIVED BY May 23, 2016.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: In 2015, OIC updated several sections of chapter 284-17 WAC regarding producer continuing education. The agency amended over twenty existing sections, added seven new sections and repealed three sections.
OIC now plans to repeal WAC 284-17-310, because one of the new sections (WAC 284-17-303) contains information similar to the information in WAC 284-17-310.
In addition, the agency plans to put the words "Webinar courses" in WAC 284-17-278 (2)(b) in bold to match the bolded words in 284-17-278 [(2)](a) and (c).
Reasons Supporting Proposal: Minor technical changes.
Statutory Authority for Adoption: RCW 48.02.060, 48.17.005, and 48.17.150(1).
Statute Being Implemented: RCW 48.17.005, 48.17.150(1).
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Mike Kreidler, insurance commissioner, governmental.
Name of Agency Personnel Responsible for Drafting: Bianca Stoner, P.O. Box 40260, Olympia, WA 98504-0260, (360) 725-7041; Implementation: John Hamje, P.O. Box 40255, Olympia, WA 98504-0255, (360) 725-7262; and Enforcement: AnnaLisa Gellerman, P.O. Box 40255, Olympia, WA 98504-0255, (360) 725-7050.
March 17, 2016
Mike Kreidler
Insurance Commissioner
AMENDATORY SECTION (Amending WSR 15-13-061, filed 6/10/15, effective 7/11/15)
WAC 284-17-278 Approval of an insurance continuing education course.
(1) An application for approval of a continuing insurance education course or a new instruction method of a previously approved course must be submitted electronically or via e-mail to the commissioner's education mailbox no fewer than twenty days prior to the first date the course is offered for credit.
(a) If the continuing education provider does not know the first date the course will be offered at the time the provider submits the application, then if the commissioner approves the course, the provider cannot offer the course until twenty days after the commissioner receives the course application;
(b) The provider can advertise a course after the approval date, but cannot offer the course until the effective date;
(c) The commissioner will not process a new course application submitted by a provider until after the commissioner has sent the provider's continuing education course renewal notice. The provider must immediately submit the continuing education course renewal request for processing. After the commissioner processes the provider's course renewal request, the commissioner will continue reviewing the provider's new course application.
(2) The request must include all of the following, as applicable:
(a) Classroom courses:
(i) Completed request for course and credit approval form or the National Association of Insurance Commissioners Uniform Continuing Education Reciprocity Course filing form;
(ii) Detailed course outline, including a list of topics that the continuing education provider will cover and an estimate of the amount of time the provider will spend on each topic. The commissioner will not accept video presentation slides in lieu of the detailed course outline;
(iii) Biography or resume of instructor(s); and
(iv) Sample of the attendance register form that the provider will use.
(b) ((Webinar courses:)) Webinar courses:
(i) Completed request for course and credit approval form or the National Association of Insurance Commissioners Uniform Continuing Education Reciprocity Course filing form;
(ii) Detailed course outline, including a list of topics that the provider will cover and an estimate of the amount of time the provider will spend on each topic. The commissioner will not accept video presentation slides in lieu of the detailed course outline;
(iii) Biography or resume of instructor(s);
(iv) Polling questions or verification codes, including two for each credit hour of the course;
(v) Description of the process for monitoring and verifying attendance; and
(vi) Sample of the document the provider will use to record each attendee's attendance and participation.
(c) Self-study courses:
(i) Completed request for course and credit approval form or the National Association of Insurance Commissioners Uniform Continuing Education Reciprocity Course filing form;
(ii) Detailed course outline with word count for each chapter, section or module; ((and))
(iii) If ethics content is included, a separate word count for the ethics content;
(iv) Samples of the course reading material to assist the commissioner in determining course difficulty level;
(v) Sample of video content, if included in the course. If the course includes video exceeding fifty minutes and the information is mandatory for completing the course, one additional credit hour will be added to the course credit total;
(vi) Description of the verification process the provider will use to confirm that the licensee has completed the course study material before accessing the exam;
(vii) Resume of the course content developer showing education and work experience related to the course subject matter; and
(viii) Copy of the examination. All examination questions must be multiple choice.
(A) The provider must include a minimum of ten exam questions for a one credit hour course, with an additional five exam questions for each subsequent credit hour;
(B) To pass the exam, licensees must achieve a score of seventy percent or higher;
(C) If the licensee does not pass the first exam, the licensee must take a second exam that contains no more than fifty percent of the same questions from the first exam. If the licensee does not pass on the second attempt, the provider must alternate the exams until the licensee passes the exam.
(3) To be eligible for approval, a course must have a direct and specific application to insurance. A course about ethics or about laws and regulations specific to insurance is eligible. The subject matter should increase the producer's technical knowledge of insurance principles, insurance coverage, and insurance laws and regulations. The continuing education provider is responsible for the accuracy of facts and figures used in the course.
(4) The commissioner will not award credit for topics such as personal improvement, general education, sales, marketing, motivation, business management, time management, leadership, supportive office skills, internet use, social media use, automation, and other courses that are not directly and specifically related to insurance.
(5) Insurance prelicensing education courses are not eligible for approval for continuing insurance education credit.
REPEALER
The following section of the Washington Administrative Code is repealed:
WAC 284-17-310
Content of a course advertisements.