WSR 15-17-045 EXPEDITED RULES OFFICE OF INSURANCE COMMISSIONER [Insurance Commissioner Matter No. R 2015-11—Filed August 12, 2015, 4:42 p.m.]
Title of Rule and Other Identifying Information: Repeal of certification requirement for multiple Washington state attendees at continuing education trainings.
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 Jim Keogh, Office of the Insurance Commissioner, P.O. Box 40258, Olympia, WA 98504-0258, e-mail rulescoordinator@oic.wa.gov, AND RECEIVED BY October 20, 2015.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: To remove the WAC 284-17-281 (1)(b) requirement of the recently adopted continuing education rules—that "At least two Washington insurance licensees and an instructor must be in attendance at the course presentation" in order for those attending to get continuing education credit.
Reasons Supporting Proposal: This rules provision was originally part of the adopted continuing education best practices by the National Association of Insurance Commissioner's Producer Licensing Working Group when rule making started in 2014 but the best practices recommendations were modified late last spring to eliminate it. Washington state insurance producers called attention to the particular difficulties this requirement would place on those attending trainings in border communities such as Portland or Coeur d'Alene as well as for specialized trainings that draw attendees from a nationwide base.
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: Jim Keogh, P.O. Box 40258, Olympia, WA 98504-0258, (360) 725-7056; 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.
Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: The commissioner intends to suspend enforcement of the rule language proposed to be eliminated by this filing until this rule process is completed.
August 12, 2015
Mike Kreidler
Insurance Commissioner
AMENDATORY SECTION (Amending WSR 15-13-061, filed 6/10/15, effective 7/11/15)
WAC 284-17-281 Insurance continuing education course attendance requirements.
(1) For classroom courses:
(a) Attendance is based on personally identifiable information including government-issued photo identification and signature, with student participation and live interaction with the instructor;
(b) ((At least two Washington insurance licensees and an instructor must be in attendance at the course presentation;
(c))) The continuing education provider must use a monitor in addition to the instructor if the classroom exceeds twenty attendees;
(((d))) (c) The presentation is the amount of time devoted to the actual course instruction and does not include breaks, reviewing class rules, and introducing speakers;
(((e))) (d) To verify course completion, licensees must attend the entire presentation and sign the attendance register at the beginning and end of the presentation.
(2) For self-study courses:
(a) Course access is verified based on identity such as user name, password, and e-mail or signature;
(b) Licensees must review the entire course before viewing or completing the final exam;
(c) Licensees must successfully pass the final examination to verify course completion.
(3) For webinar courses:
(a) Attendance is monitored and validated based on personally identifiable information including username, password, and e-mail;
(b) Attendees must participate in interactive exercises;
(c) Credit for a webinar course is based on attendance and activity, not examination;
(d) The attendee and an instructor do not need to be in the same location;
(e) A monitor is required, in addition to the instructor, if the number of attendees exceeds five;
(f) The presentation is the amount of time devoted to the actual course instruction and does not include breaks, reviewing class rules, and introducing speakers.
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