Chapter Ins 28

Ins 28.06(1)(g) (g) A certificate format that the applicant proposes to use to comply with Appendix 1; and

Ins 28.06(1)(h) (h) Other information as specified by the commissioner.

Ins 28.06(2) (2) Criteria for approval. In order to be approved, continuing education providers shall:

Ins 28.06(2)(a) (a) Comply with state or federal laws, including but not limited to laws regarding discrimination on the basis of sex, race, religion, age, physical disability, sexual orientation, or national origin in their educational programs;

Ins 28.06(2)(b) (b) Certify that instructors will be experienced and qualified in insurance and satisfy at least one of the following criteria:

Ins 28.06(2)(b)1. 1. Is or has been engaged in the insurance industry or the practice of teaching insurance courses for the last three years;

Ins 28.06(2)(b)2. 2. Is a properly licensed insurance intermediary for the past 5 years and demonstrates to the commissioner that he or she is of good character and has the knowledge and breadth of experience in the subject area for which he or she will be providing instruction;

Ins 28.06(2)(b)3. 3. Holders of any of the designations identified in s. Ins 26.06 (2) (b) 4., 5. and 6.;

Ins 28.06(2)(b)4. 4. Is a member of the state bar in a state or the District of Columbia and is engaged in the field of insurance-related law; or

Ins 28.06(2)(b)5. 5. Is a certified public accountant licensed in a state or the District of Columbia and engaged in insurance-related practice.

Ins 28.06(2)(c) (c) Show that information provided to comply with sub. (1) is likely to support a comprehensive and accurate treatment of the subjects required in each section.

Ins 28.06(3) (3) Provider approval fees.

Ins 28.06(3)(a) (a) The initial application fee to be paid by each licensed provider will be set through a competitive bid process not to exceed limits identified in s. 601.31 (1) (x) 1., Stats. The biennial regulation fee paid by each licensed provider will be set through a competitive bid process not to exceed limits identified in s. 601.31 (1) (x) 2., Stats. Wisconsin governmental bodies, such as universities and technical colleges, shall be exempt from these fees.

Ins 28.06(4) (4) Application approval and expiration of approval. Upon receipt of an application for approval of a provider and the appropriate fee, the commissioner shall determine if the application meets the requirements and if the program provides for instruction of courses in a manner required by this chapter. The commissioner shall issue a decision on approval of an application no later than 60 days following the receipt of the completed application and all required information. Provider approval shall expire on July 31, every 2 years starting on the July 31 after approval.

Ins 28.06(5) (5) Course approval.

Ins 28.06(5)(a) (a) Upon receipt of an application for approval of a course from an approved continuing education provider and the appropriate fee, the commissioner shall determine if the course meets the requirements set forth in sub. (6). The commissioner shall issue a decision approving or denying approval of a course no later than 30 days following the receipt of the completed application. Advertisement by the provider prior to approval must include language that the course as presented is pending approval by the state. Course approval shall expire 2 years from the date the course was approved by the commissioner.

Ins 28.06(5)(b) (b) Credit will not be awarded to intermediaries for courses completed prior to the date approved by the commissioner.

Ins 28.06(5)(c) (c) The following information shall be furnished with the request for approval of a continuing education course:

Ins 28.06(5)(c)1. 1. Name, license number, and address of provider;

Ins 28.06(5)(c)2. 2. Name of the instructor;

Ins 28.06(5)(c)3. 3. Name, telephone number, e-mail address, and signature of the contact person for the provider;

Ins 28.06(5)(c)4. 4. Course title;

Ins 28.06(5)(c)5. 5. The date the course will initially be offered;

Ins 28.06(5)(c)6. 6. The location where course will initially be offered;

Ins 28.06(5)(c)7. 7. Whether the course is new, repeat, revised, or offered live or by interactive video teleconference;

Ins 28.06(5)(c)8. 8. If it is a repeat course or a revised course, the course number;

Ins 28.06(5)(c)9. 9. An outline including a schedule of times when topics will be presented; the topics covered in the course, listed individually; and a summary of the instruction given and the material covered for each topic;

Ins 28.06(5)(c)10. 10. Number of credit hours requested; and

Ins 28.06(5)(c)11. 11. A description of the qualifications of each instructor and the subject matter the instructor will be teaching.

Ins 28.06(5)(d) (d) Instructors of continuing education programs shall be approved by the commissioner. Instructors shall meet the criteria set forth in sub. (2) (b). Submitted instructors may be replaced by other approved instructors with equal qualifications on an emergency basis.

Ins 28.06(5)(e) (e) The course shall be conducted in accordance with the course outline and summary materials approved by the commissioner. After the provider has been notified of any deficiency, failure to correct the deficiency shall automatically void the course approval for any course held after notice.

Ins 28.06(5)(f) (f) A provider shall give the commissioner electronic notice in a format specified by the commissioner at least 10 days in advance of offering an approved course on a date or at a place other than, or in addition to, the date and location provided in the initial request for approval.

Ins 28.06(6) (6) Course content guidelines.

Ins 28.06(6)(a) (a) The following course topics are examples of subjects that qualify for approval under sub. (5):

Ins 28.06(6)(a)1. 1. Principles of property insurance

Ins 28.06(6)(a)2. 2. Principles of casualty insurance

Ins 28.06(6)(a)3. 3. Principles of life insurance

Ins 28.06(6)(a)4. 4. Principles of accident and health insurance

Ins 28.06(6)(a)5. 5. Estate planning/taxation

Ins 28.06(6)(a)6. 6. Ethics in insurance

Ins 28.06(6)(a)7. 7. Legal, legislative, regulatory matters in insurance

Ins 28.06(6)(a)8. 8. Wisconsin insurance code and administrative rules

Ins 28.06(6)(a)9. 9. Insurance policy contents

Ins 28.06(6)(a)10. 10. Proper use of insurance products

Ins 28.06(6)(a)11. 11. Accounting/actuarial considerations in insurance

Ins 28.06(6)(a)12. 12. Principles of risk management

Ins 28.06(6)(a)13. 13. Provisions/differences in insurance policy contracts

Ins 28.06(6)(a)14. 14. Tax laws (specifically related to insurance)

Ins 28.06(6)(a)15. 15. Wills and trusts

Ins 28.06(6)(a)16. 16. Multiple Employer Welfare Arrangements/Unauthorized Insurers

Ins 28.06(6)(a)17. 17. Legal structuring of life settlements

Ins 28.06(6)(a)18. 18. Legal relationships among the parties to a life settlement

Ins 28.06(6)(a)19. 19. Required disclosures and privacy requirements in life settlements

Ins 28.06(6)(a)20. 20. Ethical considerations in selling, soliciting, and negotiating life settlements

Ins 28.06(6)(a)21. 21. Life settlement contract requirements

Ins 28.06(6)(a)22. 22. Advertisements of life settlements

Ins 28.06(6)(a)23. 23. Life settlement remedies

Ins 28.06(6)(a)24. 24. Life settlement licensing requirements

Ins 28.06(6)(a)25. 25. Communication skills relating to the business of insurance

Ins 28.06(6)(a)26. 26. Personnel Management relating to the business of insurance

Ins 28.06(6)(a)27. 27. Insurance agency management

Ins 28.06(6)(b) (b) The following course topics are examples of subjects that do not qualify for approval:

Ins 28.06(6)(b)1. 1. Sales

Ins 28.06(6)(b)2. 2. Motivation

Ins 28.06(6)(b)3. 3. Prospecting

Ins 28.06(6)(b)4. 4. Psychology

Ins 28.06(6)(b)6. 6. Supportive office skills (typing, filing, telephone, computers)

Ins 28.06(6)(b)8. 8. Recruiting

Ins 28.06(6)(b)9. 9. Time management

Ins 28.06(6)(b)10. 10. Repair procedures

Ins 28.06(6)(b)11. 11. Cleaning techniques

Ins 28.06(6)(b)12. 12. Other subjects not related to the insurance industry

Ins 28.06(7) (7) Course approval fees.

Ins 28.06(7)(a) (a) The fee to be paid for each course submission by each provider shall be set through a competitive bid process not to exceed statutory limits identified in s. 601.31 (1) (x) 3., Stats.

Ins 28.06(7)(b) (b) The fee to be paid for each course submission by each provider for recognized programs of study identified in s. Ins 26.06 (2) (b) 4., 5., and 6. shall be the same as provided in par. (a), not to exceed 8 times the credit hour fee per course.

Ins 28.06(7)(c) (c) The fee to be paid for each course renewal by each provider shall not exceed 4 times the credit hour fee per course.

Ins 28.06(8) (8) Notification. Within 10 days of a change to an approved course, approved providers shall notify the commissioner of any course information as required in sub. (5) (c) that has changed since filing (and on which course approval was based) with the commissioner.

Ins 28.06 History History: Cr. Register, November, 1995, No. 479, eff. 12-1-95; am. (6) (b) 7., renum. (6) (b) 10. to be (6) (b) 12., cr. (6) (b) 10., 11., 13. and (7) (b), Register, January, 1999, No. 517, eff. 2-1-99; correction in (1) (a) made under s. 13.93 (2m) (b) 7., Stats.; CR 01-074: cr. (7) (c), Register January 2002 No. 553, eff. 2-1-02; CR 05-111: cr. (6) (a) 16. Register October 2006 No. 610, eff. 11-1-06; correction in (1) (a) made under s. 13.93 (2m) (b) 7., Stats., Register October 2006 No. 610; CR 09-022: r. (1) (a), am. (2) (b) 3., (5) (a), (f) and (7) (b) Register August 2009 No. 644, eff. 9-1-09; CR 10-151: cr. (6) (a) 17. to 24. Register August 2012 No. 680, eff. 9-1-12; CR 19-025: am. (1) (intro.), (4), (5) (c) 3., renum. (6) (b) 5., 7., 13. to (6) (a) 25. to 27. and am. Register August 2020 No. 776, eff. 9-1-20; correction in (4) made under s. 35.17, Stats., Register August 2020 No. 776, eff. 9-1-20.

Ins 28.07 Ins 28.07 Evidence of attendance for continuing education courses.

Ins 28.07(1) (1) 

Ins 28.07(1)(a) (a) Providers shall provide an original certificate of continuing education to each intermediary within a reasonable period after completion of a continuing education course. Original certificates may be provided electronically unless a hard copy is requested by the intermediary. One additional original individual certificate of continuing education shall be provided to a student upon request and at no additional charge. Every intermediary shall maintain a record of all courses attended by keeping the original certificates of completion for 4 years after the end of the year of attendance.

Ins 28.07(1)(b) (b) Certificates of continuing education shall be issued on company letterhead to each agent completing an approved course and shall contain the agent’s name, National Producer Number, course title and number, date the course was completed, number of approved credit hours, name of provider and provider license number, signature of authorized provider representative, and the date issued in a form acceptable to the commissioner.

Ins 28.07(1)(c) (c) Certificates of continuing education shall be signed by authorized provider representatives whose signatures are on file with the commissioner.

Ins 28.07(1)(d) (d) The date indicated on the certificate of continuing education shall be the date of the class attended by the student, or on the date on which the intermediary successfully completed an examination for courses identified in s. Ins 26.06 (2) (b) 4., 5., and 6.

Ins 28.07(1)(e) (e) Intermediaries shall not claim credit for any course [for] which they did not attend all required credit hours or complete all requirements.

Ins 28.07(1)(f) (f) Intermediaries may not claim credit for prelicensing education currently approved as a continuing education course to be applied toward their continuing education requirements for an original license. Individuals may receive credit if they are adding qualifications to an existing license and the provider and course has been approved for continuing education credit.

Ins 28.07(2) (2) Providers shall submit to the commissioner an electronic list of course attendees, which includes the intermediary’s last name and National Producer Number. Submission of the course completion information will certify that the students listed personally completed the reported instruction. The electronic list shall be furnished to the commissioner within 10 days following the date of completion of continuing education programs.

Ins 28.07(3) (3) The provider of a continuing education program shall maintain attendance records for 4 years after the end of the year of attendance.

Ins 28.07 History History: Cr. Register, November, 1995, No. 479, eff. 12-1-95; am. (1) (b) and (2), Register, January, 1999, No. 517, eff. 2-1-99; CR 01-074: cr. (4), Register January 2002 No. 553, eff. 2-1-02; CR 05-111: am. (2), r. (4) Register October 2006 No. 610, eff. 11-1-06; CR 09-022: am. (1) (d), cr. (1) (f) Register August 2009 No. 642, eff. 9-1-09; CR 19-025: am. (1) (a), (b), (d), (f), (2), (3) Register August 2020 No. 776, eff. 9-1-20.