In Kansas, nontraditional programming (which I discussed in the last post "Kansas Rule Change Update Part II: Nontraditional Programming") is defined as "a program accessed solely by an individual attorney" (KS SCT Rule 802(k)). If, however, a group of attorneys privately gets together to watch a nontraditional program, under the Kansas rules this becomes an in-house program and the application must follow the rules for in-house programming.
In-house programming is defined as "programming given for a select private audience from the same law firm, corporation, or single government entity, and not open for attendance by other members of the legal community generally." Credit for in-house programming is limited to 5 credits per compliance period.
What does this mean for a provider such as West LegalEdcenter and our attorney subscribers?
If an attorney watches a webcast or an on demand recorded program online at his or her own desk - the approval that West LegalEdcenter has obtained allows us to issue the attorney a Certificate of Completion. If, on the other hand, a group of attorneys at a firm wishes to get together in a conference room and watch a webcast together - the firm is now the sponsor of the program and has to get in-house approval for that viewing. In-house applications must be received 30 days prior to the activity and include the date, time, and place of the activity. This also makes the firm responsible for the application, issuing of certificates, and all other tracking required to offer credit.
One other way that nontraditional programming may be converted under the Kansas rule is through the distribution of the program in a traditional classroom setting. If the program is open and advertised, located in a central location, and has a moderator connected, in-person or via telephone or email, to comment and answer questions, the nontraditional program would be converted to a traditional program and those rules for accreditation would then be in effect. Traditional programming credit is not capped for Kansas attorneys - each can earn all of the required credit through this type of programming.
Look for at least one more post on the Kansas Provider Conference - Kansas is now allowing credit for Law Practice Management courses!
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