2023 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.