Administrative Bulletin 2020-4: Prohibited practices for continuing education courses.

Administrative Bulletin 2020-4 Date: September 25, 2020 To: All persons or entities providing continuing education courses within the jurisdiction of the Minnesota Department of Commerce Subject: Prohibited Practices for Continuing Education Courses The Minnesota Department of Commerce (Department) is responsible for ensuring the integrity and academic rigor of continuing education courses for the industries it regulates. The purpose of this Bulletin is to reiterate the plain language requirements of Minn. Stat. § 45.33, subd.1 (1)-(4),(8). Business Promotion and Affiliation Prohibitions A. General Prohibition of Promotion or Displays of Affiliation with a Particular Business Minnesota Statutes § 45.33 lists prohibited practices for continuing education coordinators and instructors. The statute states in part, that, In connection with an approved course, coordinators and instructors must not: (1) recommend or promote the services or practices of a particular business; (2) encourage or recruit individuals to engage the services of, or become associated with, a particular business; [and] (3) use materials, clothing, or other evidences of affiliation with a particular entity. Minn. Stat. § 45.33, subd. 1. (1)-(3). This statute provides a blanket prohibition on recommending, promoting, or evidencing an affiliation with a particular entity in connection with an approved course. The statute also makes clear that this prohibition applies to both course coordinators and instructors. B. Course Related Materials Must Not Evidence an Affiliation with a Particular Entity Examples of course-related materials that should not demonstrate an affiliation with a particular entity include, but are not limited to, the following: • course outlines • course syllabus • course handouts • course related PowerPoints • course registration booths • course sign-in sheets • course brochures • course related internet content • course advertisements An approved course cannot promote or display an affiliation with a sponsor in any materials used in connection with the course. Similarly, instructors and coordinators are prohibited from using clothing that displays an affiliation with a particular business. C. Responsibility for Actions of Others in Connection with an Approved Course Education providers, course coordinators, and course instructors are all responsible for ensuring that no prohibited practices are conducted in relation to an approved continuing education course. Minn. Stat. §§ 45.307, subd. 2; 45.31 subd. 3(1), 45.32, subd. 4(1). Course coordinators must be approved by the Commissioner of Commerce pursuant to Minn. Stat. § 45.31, subd. 2(a). This approval may not be transferred to an individual who has not already been approved as an additional coordinator for the applicable license for the providership in question. Id. at subd. 2(b).