§ 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.