NY Ins L § 2132 (2021)
2021 New York Laws ISC - Insurance Article 21 - 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;  (4) life settlements; and  (5) title 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;  (2) any limited licensees or any other licensees as the superintendent may exempt subject  to  any  continuing  education  requirements  deemed appropriate by the superintendent;  (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; or  (4) for purposes of a  title  insurance  agent  license,  an  attorney licensed  to  practice law in this state, provided that such attorney is in good standing with the New York state office of court administration.  (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.  (k)(1)  For  any  biennial  licensing  period,  a firm, association or corporation that is a licensee subject to this section shall  be  deemed to  satisfy  the  continuing education requirements in this section with respect to that license provided that, as of the date  of  the  biennial renewal  date  of  the  licensee's  license,  every  sub-licensee of the licensee either:  (i) satisfies the continuing education requirements in subsection  (c) of this section; or  (ii)  has an individual license under this article with the same lines of authority for which the individual is a sublicensee of the licensee.  (2) The superintendent may issue such rules  and  regulations  as  the superintendent   deems   necessary   to  implement  the  terms  of  this subsection.