Legal Accreditation

California Code of Regulations

http://www.fiduciary.ca.gov/laws_regs/act.pdf

 DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY

CHAPTER 6

Professional Fiduciaries Article 1

General Provisions

BUSINESS & PROFESSIONS CODE SECTION 6538

6538.

(a) To qualify for licensure, an applicant shall have completed 30 hours of prelicensing education courses provided by an educational program approved by the bureau.

(b) To renew a license, a licensee shall complete 15 hours of approved continuing education courses each year.

(c) The cost of any educational course required by this chapter shall not be borne by any client served by a licensee.

California Code of Regulations Sections 4400 – 4580

http://www.fiduciary.ca.gov/laws_regs/ca_code_regs.pdf

Section 4442. Continuing Education Requirements.

(a) Annual time requirements.

(1) To renew a license, a licensee shall earn during each annual renewal period a minimum of fifteen (15) hours of continuing education credit from approved education courses as defined in Section 4444 subject to the conditions of this Article.

(2) Courses qualifying for continuing education credit must be completed following licensure and within the one-year renewal period each cycle.

(3) A licensee who serves as an instructor in an approved education course for continuing education as provided for in subdivision (a) of Section 4444, may receive 1.5 hours of continuing education course participation credit for each hour of new course instruction presented. A maximum of 6 of the fifteen (15) hours of continuing education credit may be earned under this paragraph.

(4) A maximum of 4 of the fifteen (15) hours of continuing education credit may be earned through independent study under the supervision of an approved education provider pursuant to Section 4446 that supplies evidence of completion.

(b) Annual subject topic requirements.

(1) Continuing education credit shall be earned by taking approved education courses in at least one of the subject topics as provided for in Section 4444.

(2) At least 2 hours of continuing education credits each year shall be in ethics for fiduciaries.

NOTE: Authority cited: Section 6517, Business and Professions Code. Reference: Section 6538, Business and Professions Code.

Section 4443. Continued Education for First License Renewal.

For the initial license period established pursuant to Section 4428, each licensee must comply with the continued education requirements of Section 4442.

NOTE: Authority cited: Sections 152.6, and 6517, Business and Professions Code. Reference: Sections 134 and 152.6, Business and Professions Code.

Section 4444. Approved Education Courses.

(a) Eligible education courses, as defined in subdivision (b), offered or approved by an approved education provider listed in Section 4446, are approved education courses that meet the prelicensing and continuing education requirements of this Article.

(b) Programs, seminars, and courses of study that are relevant to fiduciary responsibilities of estate management or of fiduciary responsibilities of the person for at least one of the subject topics as specified in subdivision (e), that address the areas of proficiency, competency, and performance of a fiduciary, and impart knowledge and increase understanding of the fiduciary profession or of the California judiciary or the legal process as it relates to the administration of fiduciary responsibilities are eligible education courses.

(c) An approved education course may be offered in a real-time classroom setting, delivered by video presentation from a remote location or by other delivery means, including online.

5 Professional Fiduciaries Bureau California Code of Regulations

(d) An approved education course may include independent study, subject to the limitations of paragraph (4) of subdivision (a) of Section 4442, if the education provider supplies evidence of completion. A course is not independent study if the education provider requires evidence of comprehension prior to issuing a certificate of completion, as required in subdivision (c) of Section 4448.

(e) Subject topics for eligible education courses, as defined in subdivision (b), include the following:

(1) Conservatorship;

(2) Guardianship;

(3) Trust administration;

(4) Durable Power of Attorney;

(5) The California court system including court jurisdiction and responsibilities; the state and federal constitution, California statutes, rules of court, case law, administrative law, and current issues in the California court system relevant to the fiduciary profession;

(6) Ethics for fiduciaries.

NOTE: Authority cited: Section 6517, Business and Professions Code. Reference: Section 6538, Business and Professions Code.

Section 4446. Approved Education Providers.

(a) Approved education providers may include accredited educational institutions, professional associations, professional continuing education entities, public or private for-profit or not-for-profit entities, and court-connected groups. An "accredited educational institution" is a college or university, including a community or junior college, accredited by a regional accrediting organization recognized by the Council for Higher Education Accreditation.

(b) The following educational entities that offer or approve eligible education courses as defined in subdivision (a) of Section 4444, in accordance with the requirements of Section 4448, are approved education providers of courses that meet the prelicensuring and continuing education requirements of this Article:

(1) An accredited educational institution;

(2) An education provider offering courses sponsored by a local court of the State of California;

(3) An education provider offering courses approved by the California State Bar for continuing education;

(4) An accountancy organization or an education provider, if the education qualifies with the California State Board of Accountancy for continuing education credit for renewal of an individual license as a Certified Public Accountant;

(5) An education provider offering courses registered with the Certified Financial Planner Board of Standards, Inc.;

(6) An education provider offering courses approved by the California Department of Insurance;

(7) An education provider of continuing education courses approved by the California Board of Registered Nursing;

(8) An education provider offering courses approved by the California Board of Psychology;

(9) An education provider offering courses approved by the California Board of Behavioral Sciences;

6 Professional Fiduciaries Bureau California Code of Regulations

(10) The California Department of Mental Health, Social Services and Developmental Services;

(11) The Professional Fiduciary Association of California;

(12) The California State Association of Public Administrators, Public Guardians, and Public Conservators;

(13) The National Guardianship Association and its state affiliates;

(14) The National Association of Professional Geriatric Care Managers;

(15) The American Bar Association;

(16) The American Society of Aging;

(17) The Gerontological Society of America;

(18) The National Association of Social Workers;

(19) The National College of Probate Judges;

(20) The National Elder Law Foundation;

(21) The American Bankers Association and its training providers; and,

(22) The Cannon Financial Institute.

NOTE: Authority cited: Section 6517, Business and Professions Code. Reference: Section 6538, Business and Professions Code.

Section 4448. Requirements for Education Providers.

Each education provider shall:

(a) Ensure that the instructors teaching qualified education courses are proficient and knowledgeable in the subject matter;

(b) Monitor and evaluate the quality of courses, curricula, instructors, and instructor training;

(c) Maintain records of attendance or independent study and distribute to each participant a certificate of completion that identifies the education provider and documents the subject taught, the date of completion of the education course, and the amount of education credit offered;

(d) Maintain documentation of approved education courses offered for prelicensing and continuing education credit under this article for a period of at least five years from the date the education course was offered; and

(e) Provide to the Bureau upon request any documentation of approved education courses for prelicensing and continuing education credit, including records of attendance or independent study.