Old | New | Differences | |
---|---|---|---|
1 | - | WES MOORE, Governor Ch. 874 | |
2 | 1 | ||
3 | - | – 1 – | |
4 | - | Chapter 874 | |
5 | - | (House Bill 265) | |
6 | 2 | ||
7 | - | AN ACT concerning | |
3 | + | EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. | |
4 | + | [Brackets] indicate matter deleted from existing law. | |
5 | + | Underlining indicates amendments to bill. | |
6 | + | Strike out indicates matter stricken from the bill by amendment or deleted from the law by | |
7 | + | amendment. | |
8 | + | *hb0265* | |
8 | 9 | ||
9 | - | Insurance – Producer Licensing Requirements – Education and Experience | |
10 | + | HOUSE BILL 265 | |
11 | + | C4, J5 4lr1801 | |
12 | + | CF SB 336 | |
13 | + | By: Delegate Qi | |
14 | + | Introduced and read first time: January 12, 2024 | |
15 | + | Assigned to: Economic Matters and Health and Government Operations | |
16 | + | Committee Report: Favorable with amendments | |
17 | + | House action: Adopted | |
18 | + | Read second time: March 1, 2024 | |
10 | 19 | ||
11 | - | FOR the purpose of repealing the requirements for education and experience for licensing | |
12 | - | certain insurance producers, including producers for property and casualty | |
13 | - | insurance, life insurance, health insurance, annuities, certain limited lines, and | |
14 | - | related products; and generally relating to requirements for licensing insurance | |
15 | - | producers. | |
20 | + | CHAPTER ______ | |
16 | 21 | ||
17 | - | BY repealing and reenacting, with amendments, | |
18 | - | Article – Insurance | |
19 | - | Section 10–104, 10–105, 10–108, 10–109, 10–119(b) and (h), 10–120(a), 10–122(a), | |
20 | - | 10–124(a), and 10–125(d) | |
21 | - | Annotated Code of Maryland | |
22 | - | (2017 Replacement Volume and 2023 Supplement) | |
22 | + | AN ACT concerning 1 | |
23 | 23 | ||
24 | - | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, | |
25 | - | That the Laws of Maryland read as follows: | |
24 | + | Insurance – Producer Licensing Requirements – Education and Experience 2 | |
26 | 25 | ||
27 | - | Article – Insurance | |
26 | + | FOR the purpose of repealing the requirements for education and experience for licensing 3 | |
27 | + | certain insurance producers, including producers for property and casualty 4 | |
28 | + | insurance, life insurance, health insurance, annuities, certain limited lines, and 5 | |
29 | + | related products; and generally relating to requirements for licensing insurance 6 | |
30 | + | producers. 7 | |
28 | 31 | ||
29 | - | 10–104. | |
32 | + | BY repealing and reenacting, with amendments, 8 | |
33 | + | Article – Insurance 9 | |
34 | + | Section 10–104, 10–105, 10–108, 10–109, 10–119(b) and (h), 10–120(a), 10–122(a), 10 | |
35 | + | 10–124(a), and 10–125(d) 11 | |
36 | + | Annotated Code of Maryland 12 | |
37 | + | (2017 Replacement Volume and 2023 Supplement) 13 | |
30 | 38 | ||
31 | - | (a) This section applies to: | |
39 | + | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 14 | |
40 | + | That the Laws of Maryland read as follows: 15 | |
32 | 41 | ||
33 | - | (1) a license to act as an insurance producer for insurance other than life | |
34 | - | insurance, health insurance, or annuities; | |
42 | + | Article – Insurance 16 | |
35 | 43 | ||
36 | - | (2) a limited lines license to act as an insurance producer for limited line | |
37 | - | credit insurance other than credit life insurance or credit health insurance; and | |
44 | + | 10–104. 17 | |
38 | 45 | ||
39 | - | ( | |
40 | - | ||
46 | + | (a) This section applies to: 18 | |
47 | + | 2 HOUSE BILL 265 | |
41 | 48 | ||
42 | - | (b) To qualify for a license to which this section applies, an individual applicant | |
43 | - | must meet the requirements of this section. | |
44 | 49 | ||
45 | - | ( | |
46 | - | ||
50 | + | (1) a license to act as an insurance producer for insurance other than life 1 | |
51 | + | insurance, health insurance, or annuities; 2 | |
47 | 52 | ||
48 | - | ( | |
49 | - | ||
53 | + | (2) a limited lines license to act as an insurance producer for limited line 3 | |
54 | + | credit insurance other than credit life insurance or credit health insurance; and 4 | |
50 | 55 | ||
51 | - | – 2 – | |
52 | - | (e) An applicant may not have committed any act that the Commissioner finds | |
53 | - | would warrant denial of a license under § 10–126 of this subtitle. | |
56 | + | (3) a limited lines license to act as an insurance producer for a line of 5 | |
57 | + | insurance described in §§ 10–122 through 10–125 of this subtitle. 6 | |
54 | 58 | ||
55 | - | (f) [(1) Except as otherwise provided in this section: | |
59 | + | (b) To qualify for a license to which this section applies, an individual applicant 7 | |
60 | + | must meet the requirements of this section. 8 | |
56 | 61 | ||
57 | - | (i) so that the applicant is reasonably familiar with the kind or | |
58 | - | subdivision of insurance for which the applicant wants to be licensed, the applicant must | |
59 | - | complete successfully a program of studies that has been established or approved by the | |
60 | - | Commissioner; | |
62 | + | (c) An applicant must be of good character and trustworthy based on the 9 | |
63 | + | standards of § 10–126 of this subtitle. 10 | |
61 | 64 | ||
62 | - | (ii) during the 3 years immediately preceding the date of application, | |
63 | - | the applicant must have been employed regularly for periods totaling at least 1 year: | |
65 | + | (d) An applicant must be at least 18 years of age. 11 | |
64 | 66 | ||
65 | - | | |
66 | - | ||
67 | + | (e) An applicant may not have committed any act that the Commissioner finds 12 | |
68 | + | would warrant denial of a license under § 10–126 of this subtitle. 13 | |
67 | 69 | ||
68 | - | 2. in responsible insurance duties in connection with the | |
69 | - | kind or subdivision of insurance for which the applicant wants to be licensed; or | |
70 | + | (f) [(1) Except as otherwise provided in this section: 14 | |
70 | 71 | ||
71 | - | (iii) during the 3 years immediately preceding the date of entering or | |
72 | - | immediately after discharge from the armed forces of the United States, the applicant must | |
73 | - | have been employed regularly for periods totaling at least 1 year: | |
72 | + | (i) so that the applicant is reasonably familiar with the kind or 15 | |
73 | + | subdivision of insurance for which the applicant wants to be licensed, the applicant must 16 | |
74 | + | complete successfully a program of studies that has been established or approved by the 17 | |
75 | + | Commissioner; 18 | |
74 | 76 | ||
75 | - | 1. by an insurer or insurance producer; and | |
77 | + | (ii) during the 3 years immediately preceding the date of application, 19 | |
78 | + | the applicant must have been employed regularly for periods totaling at least 1 year: 20 | |
76 | 79 | ||
77 | - | | |
78 | - | ||
80 | + | 1. by the Administration as an employee or by an insurer or 21 | |
81 | + | insurance producer; and 22 | |
79 | 82 | ||
80 | - | (2)] In the case of an applicant for a limited lines license to act as an insurance | |
81 | - | producer for limited line credit insurance, the applicant shall complete successfully a | |
82 | - | program of instruction that is: | |
83 | + | 2. in responsible insurance duties in connection with the 23 | |
84 | + | kind or subdivision of insurance for which the applicant wants to be licensed; or 24 | |
83 | 85 | ||
84 | - | (i) provided by an insurer that sells, solicits, or negotiates limited | |
85 | - | line credit insurance; and | |
86 | + | (iii) during the 3 years immediately preceding the date of entering or 25 | |
87 | + | immediately after discharge from the armed forces of the United States, the applicant must 26 | |
88 | + | have been employed regularly for periods totaling at least 1 year: 27 | |
86 | 89 | ||
87 | - | | |
90 | + | 1. by an insurer or insurance producer; and 28 | |
88 | 91 | ||
89 | - | (g)] Except as otherwise provided in this section, the applicant must pass an | |
90 | - | examination given by the Commissioner under this subtitle. | |
92 | + | 2. in connection with the kind or subdivision of insurance for 29 | |
93 | + | which the applicant wants to be licensed. 30 | |
94 | + | HOUSE BILL 265 3 | |
91 | 95 | ||
92 | - | [(h) The Commissioner may waive the requirements of subsection (f) of this section | |
93 | - | for an applicant for a license for property insurance or casualty insurance if the applicant: | |
94 | 96 | ||
95 | - | ( | |
96 | - | ||
97 | - | ||
97 | + | (2)] In the case of an applicant for a limited lines license to act as an insurance 1 | |
98 | + | producer for limited line credit insurance, the applicant shall complete successfully a 2 | |
99 | + | program of instruction that is: 3 | |
98 | 100 | ||
99 | - | – 3 – | |
101 | + | (i) provided by an insurer that sells, solicits, or negotiates limited 4 | |
102 | + | line credit insurance; and 5 | |
100 | 103 | ||
101 | - | (ii) is a member in good standing of the Society of Chartered | |
102 | - | Property and Casualty Underwriters; | |
104 | + | (ii) approved by the Commissioner. 6 | |
103 | 105 | ||
104 | - | ( | |
105 | - | ||
106 | + | (g)] Except as otherwise provided in this section, the applicant must pass an 7 | |
107 | + | examination given by the Commissioner under this subtitle. 8 | |
106 | 108 | ||
107 | - | ( | |
108 | - | ||
109 | + | [(h) The Commissioner may waive the requirements of subsection (f) of this section 9 | |
110 | + | for an applicant for a license for property insurance or casualty insurance if the applicant: 10 | |
109 | 111 | ||
110 | - | (4) has been conferred the designation of: | |
112 | + | (1) (i) has been conferred the Chartered Property Casualty 11 | |
113 | + | Underwriter (C.P.C.U.) designation by The American Institute for Chartered Property 12 | |
114 | + | Casualty Underwriters; and 13 | |
111 | 115 | ||
112 | - | (i) Accredited Adviser in Insurance (AAI); or | |
116 | + | (ii) is a member in good standing of the Society of Chartered 14 | |
117 | + | Property and Casualty Underwriters; 15 | |
113 | 118 | ||
114 | - | (ii) Associate in Risk Management (ARM).] | |
119 | + | (2) has been conferred the designation of Fellow of the Casualty Actuarial 16 | |
120 | + | Society; 17 | |
115 | 121 | ||
116 | - | [(i)] (G) (H) An applicant for a limited lines license to act as an insurance producer | |
117 | - | for limited line credit insurance need not meet the examination requirements of subsection | |
118 | - | [(g)] (F) of this section. | |
122 | + | (3) has been conferred the designation of Certified Insurance Counselor 18 | |
123 | + | (CIC) by the Society of Certified Insurance Counselors; or 19 | |
119 | 124 | ||
120 | - | [(j)] (H) (I) An applicant may be licensed as to any particular kind or kinds of | |
121 | - | insurance. | |
125 | + | (4) has been conferred the designation of: 20 | |
122 | 126 | ||
123 | - | ||
127 | + | (i) Accredited Adviser in Insurance (AAI); or 21 | |
124 | 128 | ||
125 | - | (a) To qualify for a license as an insurance producer for life insurance, health | |
126 | - | insurance, annuities, nonprofit health service plans, dental plan organizations, health | |
127 | - | maintenance organizations, or fraternal benefit societies an individual applicant must meet | |
128 | - | the requirements of this section. | |
129 | + | (ii) Associate in Risk Management (ARM).] 22 | |
129 | 130 | ||
130 | - | (b) An applicant must be of good character and trustworthy based on the | |
131 | - | standards of § 10–126 of this subtitle. | |
131 | + | [(i)] (G) (H) An applicant for a limited lines license to act as an insurance producer 23 | |
132 | + | for limited line credit insurance need not meet the examination requirements of subsection 24 | |
133 | + | [(g)] (F) of this section. 25 | |
132 | 134 | ||
133 | - | (c) An applicant must be at least 18 years of age. | |
135 | + | [(j)] (H) (I) An applicant may be licensed as to any particular kind or kinds of 26 | |
136 | + | insurance. 27 | |
134 | 137 | ||
135 | - | (d) An applicant may not have committed any act that the Commissioner finds | |
136 | - | would warrant denial of a license under § 10–126 of this subtitle. | |
138 | + | 10–105. 28 | |
137 | 139 | ||
138 | - | ( | |
139 | - | ||
140 | + | (a) To qualify for a license as an insurance producer for life insurance, health 29 | |
141 | + | insurance, annuities, nonprofit health service plans, dental plan organizations, health 30 4 HOUSE BILL 265 | |
140 | 142 | ||
141 | - | (i) the applicant must complete successfully a program of studies | |
142 | - | that has been established or approved by the Commissioner; | |
143 | 143 | ||
144 | - | ||
145 | - | the | |
144 | + | maintenance organizations, or fraternal benefit societies an individual applicant must meet 1 | |
145 | + | the requirements of this section. 2 | |
146 | 146 | ||
147 | - | – 4 – | |
147 | + | (b) An applicant must be of good character and trustworthy based on the 3 | |
148 | + | standards of § 10–126 of this subtitle. 4 | |
148 | 149 | ||
149 | - | 1. by the Administration as an employee or by an insurer or | |
150 | - | insurance producer; and | |
150 | + | (c) An applicant must be at least 18 years of age. 5 | |
151 | 151 | ||
152 | - | | |
153 | - | ||
152 | + | (d) An applicant may not have committed any act that the Commissioner finds 6 | |
153 | + | would warrant denial of a license under § 10–126 of this subtitle. 7 | |
154 | 154 | ||
155 | - | (iii) during the 3 years immediately preceding the date of entering or | |
156 | - | immediately after discharge from the armed forces of the United States, the applicant must | |
157 | - | have been employed regularly for periods totaling at least 1 year: | |
155 | + | (e) [(1) So that the applicant is reasonably familiar with the kind or subdivision 8 | |
156 | + | of insurance for which the applicant wants to be licensed: 9 | |
158 | 157 | ||
159 | - | 1. by an insurer or insurance producer; and | |
158 | + | (i) the applicant must complete successfully a program of studies 10 | |
159 | + | that has been established or approved by the Commissioner; 11 | |
160 | 160 | ||
161 | - | | |
162 | - | ||
161 | + | (ii) during the 3 years immediately preceding the date of application, 12 | |
162 | + | the applicant must have been employed regularly for periods totaling at least 1 year: 13 | |
163 | 163 | ||
164 | - | (2)] In the case of an applicant for a limited lines license to act as an insurance | |
165 | - | producer for credit life insurance or credit health insurance, the applicant shall successfully | |
166 | - | complete a program of instruction that is: | |
164 | + | 1. by the Administration as an employee or by an insurer or 14 | |
165 | + | insurance producer; and 15 | |
167 | 166 | ||
168 | - | | |
169 | - | ||
167 | + | 2. in responsible insurance duties in connection with the 16 | |
168 | + | kind or subdivision of insurance for which the applicant wants to be licensed; or 17 | |
170 | 169 | ||
171 | - | (ii) approved by the Commissioner. | |
170 | + | (iii) during the 3 years immediately preceding the date of entering or 18 | |
171 | + | immediately after discharge from the armed forces of the United States, the applicant must 19 | |
172 | + | have been employed regularly for periods totaling at least 1 year: 20 | |
172 | 173 | ||
173 | - | [(3) The Commissioner may waive the requirement of paragraph (1)(i) of | |
174 | - | this subsection for life insurance for an applicant who: | |
174 | + | 1. by an insurer or insurance producer; and 21 | |
175 | 175 | ||
176 | - | | |
177 | - | ||
176 | + | 2. in connection with the kind or subdivision of insurance for 22 | |
177 | + | which the applicant wants to be licensed. 23 | |
178 | 178 | ||
179 | - | 2. is a member in good standing of the American Society of | |
180 | - | Chartered Life Underwriters; or | |
179 | + | (2)] In the case of an applicant for a limited lines license to act as an insurance 24 | |
180 | + | producer for credit life insurance or credit health insurance, the applicant shall successfully 25 | |
181 | + | complete a program of instruction that is: 26 | |
181 | 182 | ||
182 | - | (ii) has been conferred the designation of: | |
183 | + | (i) provided by an insurer that sells, solicits, or negotiates limited 27 | |
184 | + | line credit insurance; and 28 | |
183 | 185 | ||
184 | - | | |
186 | + | (ii) approved by the Commissioner. 29 | |
185 | 187 | ||
186 | - | 2. Certified Employee Benefit Specialist (C.E.B.S.); | |
188 | + | [(3) The Commissioner may waive the requirement of paragraph (1)(i) of 30 | |
189 | + | this subsection for life insurance for an applicant who: 31 | |
190 | + | HOUSE BILL 265 5 | |
187 | 191 | ||
188 | - | 3. Chartered Financial Consultant (ChFC); | |
189 | 192 | ||
190 | - | 4. Certified Insurance Counselor (CIC); | |
193 | + | (i) 1. has been conferred the Chartered Life Underwriter 1 | |
194 | + | (C.L.U.) designation by the American College of Life Underwriters; and 2 | |
191 | 195 | ||
192 | - | | |
193 | - | ||
196 | + | 2. is a member in good standing of the American Society of 3 | |
197 | + | Chartered Life Underwriters; or 4 | |
194 | 198 | ||
195 | - | – 5 – | |
196 | - | 6. Fellow, Life Management Institute (FLMI); or | |
199 | + | (ii) has been conferred the designation of: 5 | |
197 | 200 | ||
198 | - | | |
201 | + | 1. Fellow of the Society of Actuaries; 6 | |
199 | 202 | ||
200 | - | (4) The Commissioner may waive the requirement of paragraph (1)(i) of | |
201 | - | this subsection for health insurance for an applicant who has been conferred the | |
202 | - | designation of: | |
203 | + | 2. Certified Employee Benefit Specialist (C.E.B.S.); 7 | |
203 | 204 | ||
204 | - | ( | |
205 | + | 3. Chartered Financial Consultant (ChFC); 8 | |
205 | 206 | ||
206 | - | | |
207 | + | 4. Certified Insurance Counselor (CIC); 9 | |
207 | 208 | ||
208 | - | ( | |
209 | + | 5. Certified Financial Planner (CFP); 10 | |
209 | 210 | ||
210 | - | ( | |
211 | + | 6. Fellow, Life Management Institute (FLMI); or 11 | |
211 | 212 | ||
212 | - | ( | |
213 | + | 7. Life Underwriter Training Council Fellow (LUTCF). 12 | |
213 | 214 | ||
214 | - | ( | |
215 | - | ||
216 | - | ||
215 | + | (4) The Commissioner may waive the requirement of paragraph (1)(i) of 13 | |
216 | + | this subsection for health insurance for an applicant who has been conferred the 14 | |
217 | + | designation of: 15 | |
217 | 218 | ||
218 | - | ( | |
219 | + | (i) Registered Health Underwriter (RHU); 16 | |
219 | 220 | ||
220 | - | [(g)] (F) (1) Except as otherwise provided in this subsection, the applicant | |
221 | - | must pass an examination given by the Commissioner under this subtitle. | |
221 | + | (ii) Certified Employee Benefit Specialist (C.E.B.S.); 17 | |
222 | 222 | ||
223 | - | ( | |
223 | + | (iii) Registered Employee Benefit Consultant (REBC); or 18 | |
224 | 224 | ||
225 | - | (i) an applicant for a license to act as an insurance producer only for | |
226 | - | selling credit life insurance or credit accident and health insurance or both to a borrower of | |
227 | - | money or buyer of goods in connection with a loan or credit transaction; | |
225 | + | (iv) Health Insurance Associate (HIA).] 19 | |
228 | 226 | ||
229 | - | (ii) an applicant for a license to act as an insurance producer for a | |
230 | - | dental plan organization if the applicant for compensation solicited, procured, or negotiated | |
231 | - | contracts for dental plan organizations continuously from July 1, 1988, to June 30, 1989; | |
227 | + | (f)] Before taking a written examination, an applicant shall[: 20 | |
232 | 228 | ||
233 | - | (iii) an applicant for a license to act as an insurance producer for a | |
234 | - | nonprofit health service plan if the applicant for compensation solicited, procured, or | |
235 | - | negotiated contracts for nonprofit health service plans continuously from July 1, 1988, to | |
236 | - | June 30, 1989; or | |
229 | + | (1) demonstrate to the Commissioner that the applicant has completed the 21 | |
230 | + | requirements set out by the Commissioner, including the requirements of subsection (e) of 22 | |
231 | + | this section; and 23 | |
237 | 232 | ||
238 | - | (iv) an applicant for a license to act as an insurance producer for a | |
239 | - | health maintenance organization if the applicant for compensation solicited, procured, or | |
240 | - | negotiated contracts for health maintenance organizations continuously from July 1, 1988, | |
241 | - | to June 30, 1989. Ch. 874 2024 LAWS OF MARYLAND | |
233 | + | (2)] pay the application fee required under § 2–112(a)(6)(vi) of this article. 24 | |
242 | 234 | ||
243 | - | – 6 – | |
235 | + | [(g)] (F) (1) Except as otherwise provided in this subsection, the applicant 25 | |
236 | + | must pass an examination given by the Commissioner under this subtitle. 26 | |
244 | 237 | ||
245 | - | ||
246 | - | ||
238 | + | (2) The following applicants are not required to take an examination: 27 | |
239 | + | 6 HOUSE BILL 265 | |
247 | 240 | ||
248 | - | 10–108. | |
249 | 241 | ||
250 | - | ( | |
251 | - | ||
252 | - | ||
242 | + | (i) an applicant for a license to act as an insurance producer only for 1 | |
243 | + | selling credit life insurance or credit accident and health insurance or both to a borrower of 2 | |
244 | + | money or buyer of goods in connection with a loan or credit transaction; 3 | |
253 | 245 | ||
254 | - | ( | |
255 | - | ||
256 | - | ||
246 | + | (ii) an applicant for a license to act as an insurance producer for a 4 | |
247 | + | dental plan organization if the applicant for compensation solicited, procured, or negotiated 5 | |
248 | + | contracts for dental plan organizations continuously from July 1, 1988, to June 30, 1989; 6 | |
257 | 249 | ||
258 | - | (c) The Commissioner shall adopt reasonable regulations that specify: | |
250 | + | (iii) an applicant for a license to act as an insurance producer for a 7 | |
251 | + | nonprofit health service plan if the applicant for compensation solicited, procured, or 8 | |
252 | + | negotiated contracts for nonprofit health service plans continuously from July 1, 1988, to 9 | |
253 | + | June 30, 1989; or 10 | |
259 | 254 | ||
260 | - | (1) the scope, type, conduct, and grading of the written examinations; AND | |
255 | + | (iv) an applicant for a license to act as an insurance producer for a 11 | |
256 | + | health maintenance organization if the applicant for compensation solicited, procured, or 12 | |
257 | + | negotiated contracts for health maintenance organizations continuously from July 1, 1988, 13 | |
258 | + | to June 30, 1989. 14 | |
261 | 259 | ||
262 | - | ( | |
263 | - | ||
260 | + | [(h)] (G) An applicant may be licensed as to any particular kind or kinds of 15 | |
261 | + | insurance. 16 | |
264 | 262 | ||
265 | - | (3) the educational requirements for an individual applicant to be eligible | |
266 | - | to take a written examination]. | |
263 | + | 10–108. 17 | |
267 | 264 | ||
268 | - | (d) Before taking a written examination, an individual applicant shall[: | |
265 | + | (a) An individual applicant who otherwise qualifies for a license for insurance 18 | |
266 | + | other than life insurance, health insurance, or annuities is entitled to be examined as 19 | |
267 | + | provided in this section. 20 | |
269 | 268 | ||
270 | - | (1) (i) demonstrate to the Commissioner that the applicant has | |
271 | - | completed the educational requirements set out by the Commissioner; or | |
269 | + | (b) To determine the competence of an individual applicant as to the kind or 21 | |
270 | + | subdivision of insurance for which the applicant wants to become licensed, the applicant 22 | |
271 | + | shall pass a written examination that relates to that kind or subdivision of insurance. 23 | |
272 | 272 | ||
273 | - | (ii) submit to the Commissioner at the time of the examination an | |
274 | - | affidavit from the employer of the applicant stating facts that show compliance with the | |
275 | - | applicable requirements of § 10–104(h)(2) or (3) of this subtitle, if the applicant qualifies by | |
276 | - | meeting the experience requirements of § 10–104(h)(2) or (3) of this subtitle; and | |
273 | + | (c) The Commissioner shall adopt reasonable regulations that specify: 24 | |
277 | 274 | ||
278 | - | ( | |
275 | + | (1) the scope, type, conduct, and grading of the written examinations; AND 25 | |
279 | 276 | ||
280 | - | ( | |
281 | - | ||
277 | + | (2) the frequency, times, and locations within the State where the written 26 | |
278 | + | examinations will be held[; and 27 | |
282 | 279 | ||
283 | - | (f) An individual applicant who fails an examination may not take another | |
284 | - | examination until at least 4 days after the date of the last examination that the applicant | |
285 | - | failed. | |
280 | + | (3) the educational requirements for an individual applicant to be eligible 28 | |
281 | + | to take a written examination]. 29 | |
286 | 282 | ||
287 | - | 10–109. | |
288 | - | WES MOORE, Governor Ch. 874 | |
283 | + | (d) Before taking a written examination, an individual applicant shall[: 30 | |
289 | 284 | ||
290 | - | – 7 – | |
291 | - | (a) An individual applicant who otherwise qualifies for a license for life insurance, | |
292 | - | health insurance, annuities, nonprofit health service plans, dental plan organizations, or | |
293 | - | health maintenance organizations is entitled to be examined as provided in this section. | |
285 | + | (1) (i) demonstrate to the Commissioner that the applicant has 31 | |
286 | + | completed the educational requirements set out by the Commissioner; or 32 | |
287 | + | HOUSE BILL 265 7 | |
294 | 288 | ||
295 | - | (b) (1) Each individual applicant must pass a personal written examination to | |
296 | - | determine: | |
297 | 289 | ||
298 | - | ( | |
299 | - | ||
300 | - | ||
301 | - | ||
290 | + | (ii) submit to the Commissioner at the time of the examination an 1 | |
291 | + | affidavit from the employer of the applicant stating facts that show compliance with the 2 | |
292 | + | applicable requirements of § 10–104(h)(2) or (3) of this subtitle, if the applicant qualifies by 3 | |
293 | + | meeting the experience requirements of § 10–104(h)(2) or (3) of this subtitle; and 4 | |
302 | 294 | ||
303 | - | (ii) the familiarity of the applicant with the applicable laws of the | |
304 | - | State. | |
295 | + | (2)] pay the application fee required under § 2–112(a)(6)(vi) of this article. 5 | |
305 | 296 | ||
306 | - | ( | |
307 | - | examination. | |
297 | + | (e) All written examinations shall be graded within 30 days following the date of 6 | |
298 | + | the examination. 7 | |
308 | 299 | ||
309 | - | ( | |
310 | - | examination until at least 4 days after the date of the last examination that the applicant | |
311 | - | failed. | |
300 | + | (f) An individual applicant who fails an examination may not take another 8 | |
301 | + | examination until at least 4 days after the date of the last examination that the applicant 9 | |
302 | + | failed. 10 | |
312 | 303 | ||
313 | - | ||
304 | + | 10–109. 11 | |
314 | 305 | ||
315 | - | (1) the scope, type, conduct, and grading of the written examinations; AND | |
306 | + | (a) An individual applicant who otherwise qualifies for a license for life insurance, 12 | |
307 | + | health insurance, annuities, nonprofit health service plans, dental plan organizations, or 13 | |
308 | + | health maintenance organizations is entitled to be examined as provided in this section. 14 | |
316 | 309 | ||
317 | - | ( | |
318 | - | ||
310 | + | (b) (1) Each individual applicant must pass a personal written examination to 15 | |
311 | + | determine: 16 | |
319 | 312 | ||
320 | - | (3) subject to § 10–105(e) of this subtitle, the educational requirements for | |
321 | - | an individual applicant to be eligible to take a written examination]. | |
313 | + | (i) the competence of the applicant as to life insurance, health 17 | |
314 | + | insurance, or annuities or to any subdivision of them, including contracts for nonprofit 18 | |
315 | + | health service plans, vision plans, dental plan organizations, and health maintenance 19 | |
316 | + | organizations; and 20 | |
322 | 317 | ||
323 | - | 10–119. | |
318 | + | (ii) the familiarity of the applicant with the applicable laws of the 21 | |
319 | + | State. 22 | |
324 | 320 | ||
325 | - | (b) (1) Subject to paragraph (2) of this subsection and unless denied a license | |
326 | - | under § 10–126 of this subtitle, a person that is not a resident of this State may obtain a | |
327 | - | nonresident license to act as an insurance producer if: | |
321 | + | (2) Each examination must be graded within 30 days after the date of the 23 | |
322 | + | examination. 24 | |
328 | 323 | ||
329 | - | (i) the person currently is licensed as a resident insurance producer | |
330 | - | and in good standing in the person’s home state; | |
324 | + | (c) An individual applicant who fails an examination may not take another 25 | |
325 | + | examination until at least 4 days after the date of the last examination that the applicant 26 | |
326 | + | failed. 27 | |
331 | 327 | ||
332 | - | (ii) the person has submitted or transmitted to the Commissioner | |
333 | - | the application for licensure that the person submitted to the person’s home state or a | |
334 | - | completed uniform application; | |
335 | - | Ch. 874 2024 LAWS OF MARYLAND | |
328 | + | (d) The Commissioner shall adopt reasonable regulations that specify: 28 | |
336 | 329 | ||
337 | - | – 8 – | |
338 | - | (iii) the person has paid the applicable fee under § 2–112 of this | |
339 | - | article; and | |
330 | + | (1) the scope, type, conduct, and grading of the written examinations; AND 29 | |
340 | 331 | ||
341 | - | ( | |
342 | - | ||
332 | + | (2) the frequency, times, and places in the State where the written 30 | |
333 | + | examinations will be held[; and 31 | |
343 | 334 | ||
344 | - | (2) An individual who applies for an insurance producer license in this | |
345 | - | State who was previously licensed for the same lines of authority in another state need not | |
346 | - | comply with the [education, experience, and] examination requirements of §§ 10–104, | |
347 | - | 10–105, and 10–107 through 10–109 of this subtitle if: | |
335 | + | (3) subject to § 10–105(e) of this subtitle, the educational requirements for 32 | |
336 | + | an individual applicant to be eligible to take a written examination]. 33 8 HOUSE BILL 265 | |
348 | 337 | ||
349 | - | (i) the person currently is licensed as an insurance producer in the | |
350 | - | home state of the person; | |
351 | 338 | ||
352 | - | (ii) the application is received by the Commissioner within 90 days | |
353 | - | after the cancellation of the applicant’s previous license and the prior state issues a | |
354 | - | certification that, at the time of cancellation, the applicant was in good standing in that | |
355 | - | state; or | |
356 | 339 | ||
357 | - | (iii) the state’s producer database records, maintained by the | |
358 | - | National Association of Insurance Commissioners, its affiliates or subsidiaries, indicate | |
359 | - | that the producer is or was licensed in good standing for the line of authority requested. | |
340 | + | 10–119. 1 | |
360 | 341 | ||
361 | - | ( | |
362 | - | ||
363 | - | ||
342 | + | (b) (1) Subject to paragraph (2) of this subsection and unless denied a license 2 | |
343 | + | under § 10–126 of this subtitle, a person that is not a resident of this State may obtain a 3 | |
344 | + | nonresident license to act as an insurance producer if: 4 | |
364 | 345 | ||
365 | - | (2) If the person applies to become licensed as a resident insurance | |
366 | - | producer within 90 days after establishing legal residence in the State, the person need not | |
367 | - | comply with the [education, experience, and] examination requirements of §§ 10–104, | |
368 | - | 10–105, and 10–107 through 10–109 of this subtitle to obtain a license for any line of | |
369 | - | authority that the person previously held in the prior state, except where the Commissioner | |
370 | - | determines otherwise by regulation. | |
346 | + | (i) the person currently is licensed as a resident insurance producer 5 | |
347 | + | and in good standing in the person’s home state; 6 | |
371 | 348 | ||
372 | - | 10–120. | |
349 | + | (ii) the person has submitted or transmitted to the Commissioner 7 | |
350 | + | the application for licensure that the person submitted to the person’s home state or a 8 | |
351 | + | completed uniform application; 9 | |
373 | 352 | ||
374 | - | (a) Without regard to the [education, experience, or] examination requirements | |
375 | - | of this subtitle, the Commissioner may issue a temporary license to act as an insurance | |
376 | - | producer to an individual if the individual: | |
353 | + | (iii) the person has paid the applicable fee under § 2–112 of this 10 | |
354 | + | article; and 11 | |
377 | 355 | ||
378 | - | (1) is otherwise qualified; and | |
356 | + | (iv) the person’s home state awards nonresident insurance producer 12 | |
357 | + | licenses to residents of this State on the same basis. 13 | |
379 | 358 | ||
380 | - | (2) is: | |
359 | + | (2) An individual who applies for an insurance producer license in this 14 | |
360 | + | State who was previously licensed for the same lines of authority in another state need not 15 | |
361 | + | comply with the [education, experience, and] examination requirements of §§ 10–104, 16 | |
362 | + | 10–105, and 10–107 through 10–109 of this subtitle if: 17 | |
381 | 363 | ||
382 | - | (i) the | |
383 | - | ||
364 | + | (i) the person currently is licensed as an insurance producer in the 18 | |
365 | + | home state of the person; 19 | |
384 | 366 | ||
385 | - | – 9 – | |
367 | + | (ii) the application is received by the Commissioner within 90 days 20 | |
368 | + | after the cancellation of the applicant’s previous license and the prior state issues a 21 | |
369 | + | certification that, at the time of cancellation, the applicant was in good standing in that 22 | |
370 | + | state; or 23 | |
386 | 371 | ||
387 | - | (ii) the spouse, next of kin, employee, or legal guardian of a mentally | |
388 | - | or physically disabled insurance producer; or | |
372 | + | (iii) the state’s producer database records, maintained by the 24 | |
373 | + | National Association of Insurance Commissioners, its affiliates or subsidiaries, indicate 25 | |
374 | + | that the producer is or was licensed in good standing for the line of authority requested. 26 | |
389 | 375 | ||
390 | - | (iii) an employee of a firm, or an officer or employee of a corporation, | |
391 | - | of a deceased or disabled insurance producer. | |
376 | + | (h) (1) A person licensed as an insurance producer in another state who moves 27 | |
377 | + | to this State shall apply to become licensed as a resident insurance producer under § 28 | |
378 | + | 10–111 of this subtitle within 90 days after establishing legal residence in this State. 29 | |
392 | 379 | ||
393 | - | 10–122. | |
380 | + | (2) If the person applies to become licensed as a resident insurance 30 | |
381 | + | producer within 90 days after establishing legal residence in the State, the person need not 31 | |
382 | + | comply with the [education, experience, and] examination requirements of §§ 10–104, 32 | |
383 | + | 10–105, and 10–107 through 10–109 of this subtitle to obtain a license for any line of 33 | |
384 | + | authority that the person previously held in the prior state, except where the Commissioner 34 | |
385 | + | determines otherwise by regulation. 35 HOUSE BILL 265 9 | |
394 | 386 | ||
395 | - | (a) Without regard to the [education, experience, or] examination requirements | |
396 | - | of this subtitle, the Commissioner may issue a limited lines license to an individual who or | |
397 | - | a business entity that sells travel insurance. | |
398 | 387 | ||
399 | - | 10–124. | |
400 | 388 | ||
401 | - | (a) Without regard to the [education, experience, or] examination requirements | |
402 | - | of this subtitle, the Commissioner may issue a limited lines license to an individual who is | |
403 | - | employed by a health maintenance organization solely to solicit membership in the health | |
404 | - | maintenance organization under a contract: | |
389 | + | 10–120. 1 | |
405 | 390 | ||
406 | - | (1) between the health maintenance organization and the Maryland | |
407 | - | Department of Health; and | |
391 | + | (a) Without regard to the [education, experience, or] examination requirements 2 | |
392 | + | of this subtitle, the Commissioner may issue a temporary license to act as an insurance 3 | |
393 | + | producer to an individual if the individual: 4 | |
408 | 394 | ||
409 | - | (2) in accordance with which the Maryland Department of Health obtains | |
410 | - | prepaid comprehensive health care services for recipients of medical assistance under § | |
411 | - | 15–105 of the Health – General Article. | |
395 | + | (1) is otherwise qualified; and 5 | |
412 | 396 | ||
413 | - | ||
397 | + | (2) is: 6 | |
414 | 398 | ||
415 | - | (d) Notwithstanding any other provision of this subtitle: | |
399 | + | (i) the surviving spouse, next of kin, personal representative, or 7 | |
400 | + | appointee of the personal representative, of a deceased insurance producer; 8 | |
416 | 401 | ||
417 | - | (1) (i) the licensing, bonding, [education, experience,] and examination | |
418 | - | requirements of this subtitle relating to title insurance producers do not apply to law firms; | |
419 | - | and | |
402 | + | (ii) the spouse, next of kin, employee, or legal guardian of a mentally 9 | |
403 | + | or physically disabled insurance producer; or 10 | |
420 | 404 | ||
421 | - | (ii) except as otherwise provided in paragraph (2) of this subsection, | |
422 | - | the bonding[, education, experience,] and examination requirements of this subtitle | |
423 | - | relating to title insurance producers do not apply to attorneys. | |
405 | + | (iii) an employee of a firm, or an officer or employee of a corporation, 11 | |
406 | + | of a deceased or disabled insurance producer. 12 | |
424 | 407 | ||
425 | - | ||
408 | + | 10–122. 13 | |
426 | 409 | ||
427 | - | (i) an attorney or an association of attorneys who own, operate, or | |
428 | - | share an interest in a title agency; and | |
410 | + | (a) Without regard to the [education, experience, or] examination requirements 14 | |
411 | + | of this subtitle, the Commissioner may issue a limited lines license to an individual who or 15 | |
412 | + | a business entity that sells travel insurance. 16 | |
429 | 413 | ||
430 | - | (ii) an attorney who is employed by a title agency as a title insurance | |
431 | - | producer. Ch. 874 2024 LAWS OF MARYLAND | |
414 | + | 10–124. 17 | |
432 | 415 | ||
433 | - | – 10 – | |
416 | + | (a) Without regard to the [education, experience, or] examination requirements 18 | |
417 | + | of this subtitle, the Commissioner may issue a limited lines license to an individual who is 19 | |
418 | + | employed by a health maintenance organization solely to solicit membership in the health 20 | |
419 | + | maintenance organization under a contract: 21 | |
434 | 420 | ||
435 | - | | |
436 | - | ||
421 | + | (1) between the health maintenance organization and the Ma ryland 22 | |
422 | + | Department of Health; and 23 | |
437 | 423 | ||
438 | - | Approved by the Governor, May 16, 2024. | |
424 | + | (2) in accordance with which the Maryland Department of Health obtains 24 | |
425 | + | prepaid comprehensive health care services for recipients of medical assistance under § 25 | |
426 | + | 15–105 of the Health – General Article. 26 | |
427 | + | ||
428 | + | 10–125. 27 | |
429 | + | ||
430 | + | (d) Notwithstanding any other provision of this subtitle: 28 | |
431 | + | ||
432 | + | (1) (i) the licensing, bonding, [education, experience,] and examination 29 | |
433 | + | requirements of this subtitle relating to title insurance producers do not apply to law firms; 30 | |
434 | + | and 31 10 HOUSE BILL 265 | |
435 | + | ||
436 | + | ||
437 | + | ||
438 | + | (ii) except as otherwise provided in paragraph (2) of this subsection, 1 | |
439 | + | the bonding[, education, experience,] and examination requirements of this subtitle 2 | |
440 | + | relating to title insurance producers do not apply to attorneys. 3 | |
441 | + | ||
442 | + | (2) The bonding requirements of this subtitle are applicable to: 4 | |
443 | + | ||
444 | + | (i) an attorney or an association of attorneys who own, operate, or 5 | |
445 | + | share an interest in a title agency; and 6 | |
446 | + | ||
447 | + | (ii) an attorney who is employed by a title agency as a title insurance 7 | |
448 | + | producer. 8 | |
449 | + | ||
450 | + | SECTION 2. AND BE IT FURTHER ENACTED, That thi s Act shall take effect 9 | |
451 | + | October 1, 2024. 10 | |
452 | + | ||
453 | + | ||
454 | + | ||
455 | + | ||
456 | + | Approved: | |
457 | + | ________________________________________________________________________________ | |
458 | + | Governor. | |
459 | + | ________________________________________________________________________________ | |
460 | + | Speaker of the House of Delegates. | |
461 | + | ________________________________________________________________________________ | |
462 | + | President of the Senate. |