Section 191.100.14. Continuing education requirements.

 For each license term, each licensed sales agent shall complete a minimum of three credits of continuing education in courses acceptable to the commissioner, which may include independent study courses, pursuant to paragraph 100.14(2)“g.” Completion of the required continuing education is mandatory for the renewal of a sales agent license. “Independent study” means a subject, program or activity that a person pursues autonomously that meets the requirements of this rule and that includes a test at the conclusion of the independent study. Independent study includes but is not limited to programs conducted using television, the Internet, video, sound-recorded programs, correspondence work, and other similar media.

         100.14(1) Exemption. The requirements of this rule do not apply to:

            a.                A licensed funeral director.

            b.                A licensed insurance producer.

            c.                A licensed sales agent who served full time in the U.S. armed forces on active duty during a substantial part of the continuing education term and who submits evidence of such service.

         100.14(2) General rules for continuing education credits.

            a.                The topic of at least one of the three continuing education credits earned each license term must be business ethics.

            b.                Proof of completion of a continuing education course shall, at a minimum, include all of the following, in a format acceptable to the commissioner:

             (1)              The date of the course, the location of the course, the course title, the course subject, and the identity and qualifications of the presenters.

             (2)              The number of course credits.

             (3)              Proof of successful completion of the course provided by the person conducting or sponsoring the course.

            c.                A sales agent cannot receive continuing education credit for courses taken prior to the issuance of an initial license.

            d.                A sales agent cannot receive continuing education credit for the same course twice in one license term.

            e.                A sales agent cannot carry over to the next license term more than three continuing education credits earned in excess of the sales agent’s license term requirements.

            f.                 An instructor of a course is entitled to the same credit as a student completing that course; the instructor may receive such credit once during a license term, regardless of how many times the instructor teaches the class.

            g.                A sales agent may receive continuing education credit for independent study courses that are part of a recognized national designation program. A sales agent may receive up to three continuing education credits for independent study courses during a license term. A sales agent shall maintain a record from the course provider that the course was completed and the examination was passed.

         100.14(3) Maintenance of records of completion of continuing education requirements. A sales agent shall maintain for three years after the license term during which the course was taken the original proof of completion and descriptions and outlines of all completed continuing education courses.

         100.14(4) Standards for acceptable continuing education courses. The commissioner shall find a continuing education course acceptable if it meets all of the following criteria:

            a.                The course constitutes an organized program of learning which contributes directly to the professional competency of the licensee.

            b.                The course is conducted by individuals who have specialized training concerning the subject matter of the course.

            c.                The person conducting or sponsoring the course provides proof of attendance to attendees.

            d.                The activity pertains to subject matters which integrally relate to the sale of merchandise or services and purchase agreements subject to Iowa Code chapter 523A.

             (1)              The following are examples of acceptable course topics:

            1.      Ethics.

            2.      Mortuary science law; public health; and technical standards, requirements and issues regarding the handling and interment of deceased human remains.

            3.      Insurance.

            4.      Iowa laws and administrative rules related to Iowa Code chapters 523A and 523I.

            5.      Technical information related to merchandise or services used in the death care industry.

            6.      Medicaid and the Iowa estate recovery law, Iowa Code section 249A.5(2) and 441—subrule 76.12(7).

            7.      Relevant federal laws and regulations such as the Federal Trade Commission Funeral rule (16 CFR Part 453).

            8.      Information provided in programs or courses offered or sponsored by a state or national funeral association that otherwise meets the criteria in this subrule.

             (2)              The following are examples of course topics that are not acceptable for continuing education credit:

            1.      Sales.

            2.      Motivation.

            3.      Purchaser prospecting.

            4.      Supportive office skills (e.g., typing, filing, computer systems).

            5.      Other subjects not specifically related to the death care industry.

[ ARC 2258C , IAB 11/25/15, effective 12/30/15]