N.Y. Insurance Law § 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.