Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 19 - LICENSING AND REGULATION OF INSURANCE PROFESSIONALS › Subchapter K - CONTINUING EDUCATION, ADJUSTER PRELICENSING EDUCATION PROGRAMS, AND CERTIFICATION COURSES › Section 19.1002 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
(a) Words and terms defined in Insurance Code
				  §
										4001.003, concerning
				  Definitions; §4004.151, concerning Agent Education Programs; or
				  §4004.201, concerning Definition have the same meaning when used in this
				  subchapter.
(b) The following words
				  and terms, when used in this subchapter, have the following meanings, unless
				  the context clearly indicates otherwise.
(1)
				  Adjuster--An individual licensed under Insurance Code Chapter 4101, concerning
				  Insurance Adjusters.
(2)
				  Application level--Demonstration of the ability to use learned materials in a
				  new situation, usually involving the application of rules, policies, methods,
				  computations, laws, theories, or any other relevant and available
				  information.
(3) Assignee--Any
				  provider that is authorized under §
											19.1008(f) of
				  this title (relating to Certified Course Advertising, Modification, and
				  Assignment).
(4) Authorized
				  provider representative--The individual a provider designates as the contact
				  individual responsible for all of the provider's communications and filings
				  with the department.
(5) Business
				  of insurance--Has the same meaning as set forth in Insurance Code §
											101.051, concerning
				  Conduct that Constitutes the Business of Insurance.
(6) Classroom course--A course complying with
				  §
											19.1009(g) of
				  this title (relating to Types of Courses).
(7) Classroom equivalent course--A course
				  complying with §
											19.1009(h) of
				  this title.
(8) Certificate of
				  completion--A document complying with §
											19.1007(a)(7) of
				  this title (relating to Course Certification Submission Applications, Course
				  Expirations, and Resubmissions).
(9) Certification course--A course designed
				  to enhance the student's knowledge, understanding, and professional competence
				  regarding specified subjects for an insurance product. The term includes
				  courses that satisfy the requirements for the Long-Term Care Certification
				  required by Insurance Code Chapter 1651, Subchapter C, concerning Partnership
				  for Long-Term Care Program and Human Resources Code Chapter 32, Subchapter F,
				  concerning Partnership for Long-Term Care Program; the Medicare-Related Product
				  Certification required by Insurance Code Chapter 4004, Subchapter D, concerning
				  Agent Education Programs; the Small Employer Health Benefit Plan Specialty
				  Certification required by Insurance Code Chapter 4054, Subchapter H, concerning
				  Specialty Certification for Agents Serving Certain Employer Groups; and the
				  Annuity Certification required by Insurance Code §
											1115.056, concerning
				  Agent Training Requirements.
(10)
				  Certified course--A classroom, classroom equivalent, or self-study course
				  offered by a registered provider that the department or its designee has
				  determined meets the requirements of this subchapter.
(11) Department--Texas Department of
				  Insurance.
(12) Disinterested third
				  party--An individual who is:
(A) not related
				  to a student by blood, adoption, or marriage as a parent, child, grandparent,
				  sibling, niece, nephew, aunt, uncle, or first cousin; or
(B) not an employee or subordinate of the
				  student.
(13) Ethics
				  course--A course that deals with usage and customs among members of the
				  insurance profession, involving their moral and professional duties toward one
				  another, toward clients, toward insureds, and toward insurers.
(14) Insurance course--A course primarily
				  focused on teaching subjects related to the business of insurance.
(15) Interactive inquiries--An interactive
				  electronic component that complies with §
											19.1009(g)(2) of
				  this title.
(16) Knowledge
				  level--Recall of specific facts, patterns, methods, rules, dates, or other
				  information that must be committed to memory.
(17) Licensee--An individual licensed under
				  one or more of the following Insurance Code provisions:
(A) Chapter 4051, Subchapter B, concerning
				  General Property and Casualty License; Subchapter C, concerning Limited
				  Property and Casualty License; Subchapter E, concerning County Mutual Agent
				  License; or Subchapter I, concerning Personal Lines Property and Casualty
				  Agent;
(B) Chapter 4053, concerning
				  Managing General Agents;
(C)
				  Chapter 4054, Subchapter B, concerning General Life, Accident, and Health
				  License; Subchapter C, concerning Limited Life, Accident, and Health License;
				  Subchapter E, concerning Life Insurance Not Exceeding $25,000; or Subchapter G,
				  concerning Life Agent;
(D) Chapter
				  4101, concerning Insurance Adjusters; or
(E) Chapter 4102, concerning Public Insurance
				  Adjusters.
(18) Long-term
				  care partnership insurance policy--For purposes of §
											19.1022 of this title (relating to
				  Long-Term Care Partnership Certification Course) and §
											19.1023 of this title (relating to
				  Long-Term Care Partnership Continuing Education) only, a policy established
				  under Human Resources Code Chapter 32, Subchapter F, and Insurance Code Chapter
				  1651, Subchapter C.
(19) National
				  designation certification--A professional designation that is:
(A) nationally recognized in the insurance
				  industry; and
(B) issued by an
				  entity that maintains a not-for-profit status and has been in existence for at
				  least five years.
(20)
				  One-time-event--A type of classroom course complying with §
											19.1009(j) of
				  this title.
(21) Provider--An
				  individual or organization including a corporation, partnership, depository
				  institution, insurance company, or entity chartered by the Farm Credit
				  Administration as defined in Insurance Code §
											4001.108, concerning
				  Issuance of License to Entity Chartered by Federal Farm Credit Administration,
				  registered with the department to offer continuing education courses for
				  licensees, prelicensing instruction for adjusters, or long-term care
				  partnership certification courses for licensees.
(22) Provider registration--The process of a
				  provider seeking permission to offer continuing education courses for
				  licensees, prelicensing education for adjusters, or long-term care partnership
				  certification courses for licensees.
(23) Qualifying course--Insurance courses for
				  which a licensee may receive continuing education credit and are:
(A) offered for credit by accredited
				  colleges, universities, or law schools;
(B) part of a national designation
				  certification program;
(C) approved
				  for classroom, classroom equivalent, or participatory credit by the continuing
				  education approval authority of a state bar association or state board of
				  public accountancy; or
(D)
				  certified or approved for continuing education credit under the guidelines of
				  the Federal Crop Insurance Corporation.
(24) Reporting period--The period from the
				  issue date or last renewal date of the license to the expiration date of the
				  license, generally a two-year period.
(25) Self-study--A course complying with
				  §
											19.1009(i) of
				  this title.
(26) Speaker--An
				  individual who is speaking from special knowledge regarding the business of
				  insurance obtained through experience and position in professional or social
				  organizations, industry, or government.
(27) Student--A licensee or adjuster
				  applicant enrolled in and attending a certified course for credit.
(28) TDI license number--An identification
				  number the department assigns to the licensee and found on the license
				  certificate.
(29) Visually
				  monitored environment--An environment permitting visual identification of
				  students and visual confirmation of attendance, including observation by
				  camera.