By: Nelson S.B. No. 79
(In the Senate - Filed November 10, 2008;
February 10, 2009, read first time and referred to Committee on
State Affairs; March 26, 2009, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 9, Nays 0;
March 26, 2009, sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 79 By: Ellis
A BILL TO BE ENTITLED
AN ACT
relating to specialty certification for insurance agents serving
certain employer groups.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 4054, Insurance Code, is amended by
adding Subchapter H to read as follows:
SUBCHAPTER H. SPECIALTY CERTIFICATION FOR AGENTS SERVING CERTAIN
EMPLOYER GROUPS
Sec. 4054.351. CERTIFICATION PROGRAM. The department shall
establish a voluntary specialty certification program for
individuals who market small employer health benefit plans in
accordance with Chapter 1501.
Sec. 4054.352. QUALIFICATIONS. (a) To be eligible to
receive a specialty certification under this subchapter, an
individual must:
(1) hold a general life, accident, and health license
under this chapter;
(2) satisfy the requirements of this subchapter; and
(3) submit evidence of completion of training to the
department in the manner prescribed by the commissioner.
(b) To maintain a specialty certification under this
subchapter, an individual must continue to hold a general life,
accident, and health license under this chapter.
Sec. 4054.353. INITIAL TRAINING. (a) To be certified
under this subchapter, an individual must first complete training
in the law, including department rules, applicable to small
employer health benefit plans offered under Chapter 1501.
(b) An individual seeking specialty certification under
this subchapter must complete a course applicable to small employer
health benefit plans under Chapter 1501, as prescribed and approved
by the commissioner. Except as provided by Subsection (c), an
individual is not eligible for the specialty certification unless,
on completion of the course, it is certified to the commissioner as
required by the department that the individual has:
(1) completed the course; and
(2) passed an examination testing the individual's
knowledge and qualification.
(c) An individual seeking specialty certification under
this subchapter is not required to complete the course and
examination required by Subsection (b) if the individual
demonstrates to the department, in the manner prescribed by the
department, that the individual holds a designation as:
(1) a Registered Health Underwriter (RHU);
(2) a Certified Employee Benefit Specialist (CEBS); or
(3) a Registered Employee Benefits Consultant (REBC).
Sec. 4054.354. RENEWAL. To renew a specialty certification
under this subchapter, the individual must complete five hours of
continuing education applicable to small employer health benefit
plans during the two-year certification period.
Sec. 4054.355. SATISFACTION OF CONTINUING EDUCATION
REQUIREMENTS. Each hour of education completed in accordance with
this subchapter to obtain or renew a specialty license may be used
to satisfy an hour of a continuing education requirement otherwise
applicable to the agent under this title.
Sec. 4054.356. OFFER OF SERVICES TO ALL GROUP SIZES. To
hold a specialty certification under this subchapter, an individual
must agree to market small employer health benefit plans to small
employers that satisfy the requirements of Chapter 1501 without
regard to the number of employees to be covered under the plan.
Sec. 4054.357. ADVERTISING. An individual who holds a
specialty certification may advertise, in the manner specified by
department rule, that the individual is specially trained to serve
small employers.
Sec. 4054.358. LIST MAINTAINED BY DEPARTMENT; WEBSITE. The
department shall maintain a list of all individuals who hold a
specialty certification under this subchapter, together with the
business address and phone number of each individual and a general
description of the individual's service area. The department shall
publish the list on the department website.
Sec. 4054.359. RULES. The commissioner, in accordance with
Section 36.001, may adopt rules as necessary to administer this
subchapter.
SECTION 2. Section 4001.002, Insurance Code, is amended by
adding Subsection (a-1) to read as follows:
(a-1) Except as otherwise provided by this code, this title
applies to each individual who holds a specialty certification
under Subchapter H, Chapter 4054.
SECTION 3. Not later than January 1, 2010, the Texas
Department of Insurance may begin issuing specialty certifications
under Subchapter H, Chapter 4054, Insurance Code, as added by this
Act.
SECTION 4. This Act takes effect September 1, 2009.
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