(a) Providers must use, at a minimum, actual attendance rosters to certify completion of a certified classroom or one-time-event continuing education course or a certified classroom certification course. TDI requires each student to attend at least 90% of the course. Providers must establish a means to ensure that each student attended at least 90% of the course. Attendance records must include, at a minimum, sign-in and sign-out sheets, and the legible names, addresses, and TDI license number of each student in attendance. Providers must use a written, online, or computer-based final examination to determine completion of all certified classroom certification courses that statutorily require an examination for successful completion of the certified classroom certification course. Providers may establish additional assessment measurements or any other completion requirements for successful completion of a classroom continuing education or classroom certification course, but those requirements must be fully disclosed in the registration materials before the student purchases the course. Providers must determine successful completion of these additional requirements.     
      (b) Providers must use the periodic interactive inquiries to determine completion of certified classroom equivalent continuing education or certification courses. A student must complete all inquiry sections with a minimum score of at least 70% for each section.     
      (c) Providers must use a written, online, or computer-based final examination as the means of completion for all certified self-study continuing education or certification courses. TDI does not require providers to monitor continuing education or certification self-study examinations. Course records for each examination attempt must include, at a minimum, the date the exam was taken, the final examination score, the examination version used, the legible name, address, and the TDI license number of each student.     
      (d) Self-study examinations and classroom equivalent interactive inquiries must meet the criteria set forth in paragraphs (1) - (12) of this subsection:      
        (1) the final examination or interactive inquiries must reasonably evaluate the student's understanding of the course content;       
        (2) the specific final examination questions and interactive inquiries may not be made available to the student until the test is administered, and providers must effect security measures to maintain the integrity of the examination;       
        (3) providers must maintain a record of each student's final examination in the student's record for four years;       
        (4) an authorized staff member or computer program must grade self-study final examinations, and the interactive inquiry computer program must grade interactive inquiries;       
        (5) providers must allow students to retake an examination at least one time if a score of 70% or higher is not achieved;       
        (6) providers must revise and update self-study final examinations and interactive inquiries consistent with the course update/revision;       
        (7) providers requiring a monitored final examination must establish the rules under which the examination will be given;       
        (8) the examination or interactive inquiry periods must consist of questions that do not give or indicate an answer or correct response and are of the following types:                  (A) for self-study courses:                      (i) short essay questions requiring a response of five or more words;                       (ii) fill in the blank questions requiring a response from memory and not from an indicated list of potential alternatives; or                       (iii) multiple choice questions stemming from an inquiry with at least four appropriate potential responses and for which "all of the above" or "none of the above" is not an appropriate option;                     (B) for interactive inquiry periods, multiple choice questions stemming from an inquiry with at least four appropriate potential responses and for which "all of the above" or "none of the above" is not an appropriate option;         
        (9) each interactive inquiry period must consist of at least five questions;       
        (10) each self-study final examination must consist of at least 10 questions for each hour of credit up to a maximum requirement of 50 questions per course. Providers may, at their discretion, have a greater number of final examination questions;       
        (11) during examinations and interactive inquiry periods, licensees may use course materials or personal notes, but may not use another person's notes, answers, or otherwise receive assistance in answering the questions from another person; and       
        (12) licensees must mail or deliver the completed self-study examination directly to the provider.       
      (e) Providers must issue certificates of completion to students who successfully complete a certified course. The provider must prepare the certificate and issue it in a manner that ensures that the student receiving the certificate is the student who took the course, issue the certificate within 30 days of completing the course, and complete the certificate to reflect the date the student took the course/examination.     
      (f) Notwithstanding subsections (a) - (e) of this section, licensees must claim continuing education under §19.1020 of this title (relating to State and National Association Credit) by sending to TDI, or its designee, upon request, an affirmation acceptable to TDI containing:      
        (1) the licensee's name, address, telephone number, and licensee's TDI license number;       
        (2) the name of the national designation or state or national insurance association providing educational materials or sponsoring educational presentations;       
        (3) the cumulative number of hours of credit claimed for reviewing the educational materials;       
        (4) the cumulative number of hours of credit claimed for attending the educational presentations;       
        (5) a statement that the licensee currently holds the national designation or is a member in good standing of the state or national insurance association; and       
        (6) a statement that the licensee completed at least the number of hours in these activities the licensee is claiming for continuing education credit.       
      (g) In addition to the affirmation provided under subsection (f) of this section, TDI may request a licensee claiming hours under §19.1020 of this title to submit a sworn written affirmation to TDI confirming under oath the information in subsection (f) of this section. Failure to submit a sworn affirmation will result in denial of the claimed hours and may result in disciplinary action under §19.1015 of this title (relating to Failure to Comply) or the Insurance Code.     
     Source Note:        The provisions of this §19.1011 adopted to be effective January 6, 2003, 28 TexReg 75; amended to be effective January 19, 2006, 31 TexReg 292; amended to be effective August 5, 2008, 33 TexReg 6138; amended to be effective February 21, 2010, 35 TexReg 1271; amended to be effective June 16, 2021, 46 TexReg 3610