CHAPTER 1117. USE OF SENIOR-SPECIFIC CERTIFICATIONS OR PROFESSIONAL DESIGNATIONS - Texas Statutes

INSURANCE CODE

TITLE 7. LIFE INSURANCE AND ANNUITIES

SUBTITLE A. LIFE INSURANCE IN GENERAL

CHAPTER 1117. USE OF SENIOR-SPECIFIC CERTIFICATIONS OR

PROFESSIONAL DESIGNATIONS

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 1117.001. PURPOSE. The purpose of this chapter is to

establish standards to protect consumers from misleading and

fraudulent marketing practices with respect to the use of certain

senior-specific certifications and professional designations in

soliciting the sale or purchase of, or providing advice made

concerning, life insurance or annuity products.

Added by Acts 2009, 81st Leg., R.S., Ch.

362, Sec. 2.001, eff. September 1, 2009.

Sec. 1117.002. DEFINITIONS. In this chapter:

(1) "Insurance agent" means an agent licensed under this code to

sell, solicit the sale of, or negotiate a life insurance or

annuity product.

(2) "Senior-specific certification or professional designation"

means a certification or designation that implies that an

insurance agent holds a special certification or has specialized

training in advising or servicing seniors regarding purchasing or

selling a life insurance or annuity product.

Added by Acts 2009, 81st Leg., R.S., Ch.

362, Sec. 2.001, eff. September 1, 2009.

Sec. 1117.003. APPLICABILITY OF CHAPTER; CONSTRUCTION WITH OTHER

LAW. (a) This chapter applies to any solicitation, sale or

purchase of, or advice made in connection with, a life insurance

or annuity product by an insurance agent.

(b) Nothing in this chapter may be construed to limit the

commissioner's authority to enforce any other provision of this

code or another law.

Added by Acts 2009, 81st Leg., R.S., Ch.

362, Sec. 2.001, eff. September 1, 2009.

SUBCHAPTER B. USE OF SENIOR-SPECIFIC CERTIFICATIONS AND

PROFESSIONAL DESIGNATIONS

Sec. 1117.051. CERTAIN USES OF SENIOR-SPECIFIC CERTIFICATIONS

AND DESIGNATIONS PROHIBITED. (a) An insurance agent may not,

directly or indirectly, use a senior-specific certification or

professional designation in such a way as to mislead a purchaser

or prospective purchaser that the agent has special certification

or training in advising or servicing seniors in connection with

the solicitation, sale, or purchase of a life insurance or

annuity product or in the provision of advice as to the value of

or the advisability of purchasing or selling a life insurance or

annuity product:

(1) through any writing or other publication; or

(2) by issuing or disseminating analyses or reports related to a

life insurance or annuity product.

(b) Subsection (a) prohibits the use of a senior-specific

certification or professional designation only by an insurance

agent using:

(1) a certification or professional designation that the agent

has not actually earned or for which the agent is ineligible;

(2) a nonexistent or self-conferred certification or

professional designation;

(3) a certification or professional designation that indicates

or implies a level of occupational qualification obtained through

education, training, or experience that the agent has not

obtained; and

(4) a certification or professional designation that was

obtained from an organization that:

(A) is primarily engaged in the business of instruction in sales

or marketing;

(B) does not have reasonable standards or procedures for:

(i) assuring the competency of individuals granted a

certification or designation by the organization; or

(ii) monitoring and disciplining individuals granted a

certification or designation by the organization for improper or

unethical conduct; or

(C) does not have reasonable continuing education requirements

in order to maintain the certification or designation for

individuals granted a certification or designation by the

organization.

(c) A rebuttable presumption exists that a certification or

professional designation granted by an organization described by

Subsection (b)(4) is not prohibited under Subsection (a) if the

certification or designation issued by the organization does not

primarily apply to sales or marketing and if the organization or

the certification or designation has been accredited by:

(1) the American National Standards Institute;

(2) the National Commission for Certifying Agencies;

(3) any organization that is included in "Accrediting Agencies

Recognized for Title IV Purposes" published by the U.S.

Department of Education; or

(4) any other national accrediting organization recognized by

the commissioner.

(d) In determining whether a word, a combination of words, or an

acronym constitutes a senior-specific certification or

professional designation, the commissioner shall consider:

(1) the use of one or more words such as "senior," "retirement,"

"elder," or similar words combined with one or more words such as

"certified," "registered," "chartered," "advisor," "specialist,"

"consultant," "planner," or similar words, in the name of the

certification or professional designation; and

(2) the manner in which those words are combined.

Added by Acts 2009, 81st Leg., R.S., Ch.

362, Sec. 2.001, eff. September 1, 2009.

Sec. 1117.052. APPLICABILITY TO CERTAIN FINANCIAL SERVICES. (a)

Notwithstanding Section 1117.003, for purposes of this chapter,

a job title used within an organization that is licensed or

registered by a state or federal financial services regulatory

agency and that indicates seniority or standing within the

organization, or that specifies an individual's area of

specialization within the organization, is not a senior-specific

certification or professional designation unless the title is

used in a manner that is likely to confuse or mislead a

reasonable consumer.

(b) For purposes of Subsection (a), "financial services

regulatory agency" includes an agency that regulates insurers,

insurance producers, broker-dealers, investment advisers, or

investment companies, as defined by the Investment Company Act of

1940 (15 U.S.C. Section 80a-1 et seq.).

Added by Acts 2009, 81st Leg., R.S., Ch.

362, Sec. 2.001, eff. September 1, 2009.