(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 (H.B. 1294 ), Sec. 2.001, eff. September 1, 2009.
