Oklahoma § 36-1435.5 - When license not required

§ 36-1435.5. When license not required

A. Nothing in the Oklahoma Producer Licensing Act shall be

construed to require an insurer to obtain an insurance producer

license. In this section, the term "insurer" does not include an

insurer's officers, directors, employees, subsidiaries or

affiliates.

B. A license as an insurance producer shall not be required of

the following:

1. An officer, director or employee of an insurer or of an

insurance producer, provided that the officer, director or employee

does not receive any commission on policies written or sold to

insure risks residing, located or to be performed in this state,

and:

a.

the officer, director or employee's activities are

executive, administrative, managerial, clerical or a

combination of these, and are only indirectly related

to the sale, solicitation or negotiation of insurance,

or

b.

the officer, director or employee's function relates

to underwriting, loss control, inspection or the

processing, adjusting, investigating or settling of a

claim on a contract of insurance, or

c.

the officer, director or employee is acting in the

capacity of a special agent or agency supervisor

assisting insurance producers where the person's

activities are limited to providing technical advice

and assistance to licensed insurance producers and do

not include the sale, solicitation or negotiation of

insurance;

2. A person who secures and furnishes information for the

purpose of group life insurance, group property and casualty

insurance, group annuities, group or blanket accident and health

insurance; or for the purpose of enrolling individuals under plans,

issuing certificates under plans or otherwise assisting in

administering plans; or performs administrative services related to

mass-marketed property and casualty insurance, where no commission

is paid to the person for the service;

3. An employer or association or its officers, directors,

employees, or the trustees of an employee trust plan, to the extent

that the employers, officers, employees, director or trustees are

engaged in the administration or operation of a program of employee

benefits for the employer's or association's own employees or the

employees of its subsidiaries or affiliates, which program involves

the use of insurance issued by an insurer, as long as the employers,

Oklahoma Statutes - Title 36. Insurance

associations, officers, directors, employees or trustees are not in

any manner compensated, directly or indirectly, by the company

issuing the contracts;

4. Employees of insurers or organizations employed by insurers

who are engaging in the inspection, rating or classification of

risks, or in the supervision of the training of insurance producers

and who are not individually engaged in the sale, solicitation or

negotiation of insurance;

5. A person whose activities in this state are limited to

advertising without the intent to solicit insurance in this state

through communications in printed publications or other forms of

electronic mass media whose distribution is not limited to residents

of the state, provided that the person does not sell, solicit or

negotiate insurance that would insure risks residing, located or to

be performed in this state;

6. A person who is not a resident of this state who sells,

solicits or negotiates a contract of insurance for commercial

property and casualty risks to an insured with risks located in more

than one state insured under that contract, provided that that

person is otherwise licensed as an insurance producer to sell,

solicit or negotiate that insurance in the state where the insured

maintains its principal place of business and the contract of

insurance insures risks located in that state;

7. A salaried full-time employee who counsels or advises his or

her employer relative to the insurance interests of the employer or

of the subsidiaries or business affiliates of the employer, provided

that the employee does not sell or solicit insurance or receive a

commission; or

8. A volunteer counselor assisting Medicare beneficiaries with

enrollment in Medicare Part D plans pursuant to the Federal Medicare

Prescription Drug, Improvement and Modernization Act of 2003, Pub.

Law No. 108-173, provided that the volunteer counselor does not

receive commissions or other valuable consideration from any person

or plan for the enrollment, that the volunteer counselor has

received education that is acceptable to the Insurance Commissioner

on enrollment of Medicare beneficiaries in Medicare Part D, that the

volunteer counselor is providing volunteer services as part of a

sponsoring agency or organization acceptable to the Commissioner,

and that supporting documentation and/or verification is provided to

the Commissioner as set out by rule.

Added by Laws 2001, c. 156, § 5, eff. Nov. 1, 2001. Amended by Laws

2008, c. 184, § 9, eff. July 1, 2008.