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<section article="gin" article_name="Insurance" number="10-116" title_number="10" title_name="Regulation of Insurance Professions" subtitle_number="1" subtitle_name="Insurance Producers">
  <level label="a">
    <level label="1">
      <text>Subject to subsections (b) and (c) of this section, the Commissioner shall require an insurance producer to receive continuing education as a condition of renewing the license of the insurance producer.</text>
    </level>
    <level label="2">
      <text>An insurance producer shall complete the continuing education required under paragraph (1) of this subsection not later than 15 days before the expiration date of the insurance producer’s license.</text>
    </level>
    <level label="3">
      <level label="i">
        <text>The Commissioner may not require an individual who holds a license to receive more than 24 hours of continuing education per renewal period.</text>
      </level>
      <level label="ii">
        <text>If the individual holds a title insurance producer license, the Commissioner may not require the insurance producer to receive more than 16 hours of continuing education per renewal period.</text>
      </level>
      <level label="iii">
        <text>If an insurance producer has held a license for 25 or more consecutive years as of October 1, 2008, the Commissioner may not require the insurance producer to receive more than 8 hours of continuing education per renewal period.</text>
      </level>
      <level label="iv">
        <text>The Commissioner may not require an insurance producer to receive more than 16 hours of continuing education in a renewal period if the insurance producer is also a licensed funeral director or licensed mortician who:</text>
        <level label="1">
          <text>sells only life insurance policies or annuity contracts that fund a pre–need contract as defined in § 7–101 of the Health Occupations Article; and</text>
        </level>
        <level label="2">
          <text>is not a viatical settlement broker as defined in § 8–601 of this article.</text>
        </level>
      </level>
      <level label="v">
        <text>Of the required hours of continuing education per renewal period required under subparagraphs (i), (ii), (iii), and (iv) of this paragraph, at least 3 hours shall relate directly to ethics.</text>
      </level>
    </level>
    <level label="4">
      <text>Subject to paragraph (5) of this subsection, an insurance producer may satisfy the continuing education requirements of this subsection by submitting to the Commissioner or Commissioner’s designee:</text>
      <level label="i">
        <text>proof that the insurance producer has completed the required hours of continuing education for the applicable renewal period; or</text>
      </level>
      <level label="ii">
        <text>proof that the insurance producer has completed at least 8 hours of continuing education for the applicable renewal period and an affidavit that, over the previous 25 consecutive years, the insurance producer continually:</text>
        <level label="1">
          <text>has held a license in the State; and</text>
        </level>
        <level label="2">
          <text>has been employed in the selling of insurance in the State.</text>
        </level>
      </level>
    </level>
    <level label="5">
      <level label="i">
        <text>To increase the level of education of insurance producers, an insurance producer shall obtain continuing education in the kind or subdivision of insurance for which the insurance producer has received a license.</text>
      </level>
      <level label="ii">
        <text>Each insurance producer who possesses a license to sell health insurance and who sells long–term care insurance shall receive continuing education that directly relates to long–term care insurance.</text>
      </level>
      <level label="iii">
        <text>Each insurance producer who possesses a license to sell property and casualty insurance and who sells flood insurance shall receive continuing education that directly relates to flood insurance.</text>
      </level>
      <level label="iv">
        <text>Each insurance producer who possesses a license to sell property and casualty insurance and who sells, solicits, or negotiates bail bonds shall receive continuing education that directly relates to bail bond insurance.</text>
      </level>
      <level label="v">
        <text>Each insurance producer who possesses a license to sell health insurance and who markets the Senior Prescription Drug Assistance Program or assists a Medicare beneficiary to enroll in the Senior Prescription Drug Assistance Program shall receive continuing education that directly relates to the Senior Prescription Drug Assistance Program.</text>
      </level>
    </level>
    <level label="6">
      <text>If continuing education is required, the Commissioner may grant a waiver to an insurance producer who has requested a waiver for reasons that the Commissioner determines warrant the waiver.</text>
    </level>
    <level label="7">
      <text>An insurer may not prohibit one of its insurance producers from obtaining continuing education credits from any course approved by the Commissioner.</text>
    </level>
  </level>
  <level label="b">
    <text>The following individuals are exempt from the continuing education requirements under this section:</text>
    <level label="1">
      <text>employees of a health maintenance organization who are employed solely to solicit membership in the health maintenance organization under a contract between the health maintenance organization and the Maryland Department of Health;</text>
    </level>
    <level label="2">
      <text>attorneys at law of the State who are qualified as title insurance producers and who do not hold a license in any other kind or subdivision of insurance;</text>
    </level>
    <level label="3">
      <text>individuals who hold only a limited lines license to act as an insurance producer for limited line credit insurance; and</text>
    </level>
    <level label="4">
      <text>insurance producers who hold only a limited lines license in any type of insurance designated by the Commissioner.</text>
    </level>
  </level>
  <level label="c">
    <text>A nonresident licensee shall be deemed to have met the continuing education requirements of this section if:</text>
    <level label="1">
      <text>the nonresident licensee satisfies the continuing education requirements of the home state of the nonresident licensee; and</text>
    </level>
    <level label="2">
      <text>the home state of the nonresident licensee allows an insurance producer who is a resident of this State to satisfy the continuing education requirements of the home state on the same basis by meeting the continuing education requirements of this State.</text>
    </level>
  </level>
  <level label="d">
    <level label="1">
      <text>The Commissioner may review all continuing education courses submitted and approve or disapprove courses.</text>
    </level>
    <level label="2">
      <text>The Commissioner may not disapprove a continuing education course solely on the basis of the methodology or technology used to deliver instruction to individuals taking the course.</text>
    </level>
  </level>
  <level label="d–1">
    <level label="1">
      <text>An insurance producer may obtain all or part of the credit hours of continuing education required for renewal of a license under this section from correspondence courses or online courses approved by the Commissioner.</text>
    </level>
    <level label="2">
      <text>This subsection applies to all insurance producers who are required to receive continuing education as a condition of license renewal under this section, regardless of the kind or subdivision of insurance for which the insurance producer has received a license.</text>
    </level>
  </level>
  <level label="e">
    <level label="1">
      <text>The Commissioner shall adopt regulations to carry out this section.</text>
    </level>
    <level label="2">
      <text>The regulations adopted by the Commissioner under paragraph (1) of this subsection shall require providers of continuing education to submit evidence of course completion to the Commissioner or the Commissioner’s designee within 10 days after completing a course of continuing education.</text>
    </level>
  </level>
  <level label="f">
    <text>This section does not limit the authority of the Commissioner to review, approve, or disapprove continuing education courses, examinations, and other matters relating to the education and qualification of insurance producers.</text>
  </level>
</section>
