02-06 16:58 1st Sub. (Buff) H.B. 361
Jason E. Thompson proposes the following substitute bill:
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Opioid Overdose Training Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Jason E. Thompson
Senate Sponsor:
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LONG TITLE
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General Description:
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This bill addresses training and education concerning opioid overdose events and related
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treatment.
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Highlighted Provisions:
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This bill:
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▸ defines terms;
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▸ requires an alcohol training and education seminar to include, for certain trainees, the
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subjects of recognizing an opioid-related drug overdose and administering an opioid
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antagonist; and
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▸ makes technical and conforming changes.
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Money Appropriated in this Bill:
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None
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Other Special Clauses:
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None
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Utah Code Sections Affected:
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AMENDS:
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26B-5-205, as last amended by Laws of Utah 2023, Chapter 371 and renumbered and
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amended by Laws of Utah 2023, Chapter 308
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Be it enacted by the Legislature of the state of Utah:
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Section 1. Section 26B-5-205 is amended to read:
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26B-5-205 . Alcohol training and education seminar.
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(1) As used in this section:
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(a) "Instructor" means a person that directly provides the instruction during an alcohol
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training and education seminar for a seminar provider.
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(b) "Licensee" means a person who is:
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(i)(A) a new or renewing licensee under Title 32B, Alcoholic Beverage Control
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Act; and
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(B) engaged in the retail sale of an alcoholic product for consumption on the
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premises of the licensee; or
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(ii) a business that is:
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(A) a new or renewing licensee licensed by a city, town, or county; and
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(B) engaged in the retail sale of beer for consumption off the premises of the
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licensee.
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(c) "Licensee staff" means a retail manager, retail staff, an off-premise retail manager, or
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off-premise retail staff.
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(d) "Off-premise beer retailer" is as defined in Section 32B-1-102.
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(e) "Off-premise retail manager" means the same as that term is defined in Section
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32B-1-701.
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(f) "Off-premise retail staff" means the same as that term is defined in Section 32B-1-701.
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(g) "Opioid antagonist" means naloxone hydrochloride or any similarly acting drug that
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is not a controlled substance and that is approved by the federal Food and Drug
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Administration for the diagnosis or treatment of an opioid-related drug overdose
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event.
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(h) "Opioid-related drug overdose event" means an acute condition, including a
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decreased level of consciousness or respiratory depression resulting from the
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consumption or use of a controlled substance, or another substance with which a
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controlled substance was combined, and that a person would reasonably believe to
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require medical assistance.
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[(g)] (i) "Retail manager" means the same as that term is defined in Section 32B-1-701.
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[(h)] (j) "Retail staff" means the same as that term is defined in Section 32B-1-701.
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[(i)] (k) "Seminar provider" means a person other than the division who provides an
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alcohol training and education seminar meeting the requirements of this section.
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(2)(a) This section applies to licensee staff.
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(b) An individual who does not have a valid record that the individual has completed an
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alcohol training and education seminar shall:
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(i) complete an alcohol training and education seminar before the day on which the
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individual begins work as licensee staff of a licensee; and
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(ii) pay a fee [ ]to the seminar provider that is equal to or greater than the amount
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established under Subsection (4)(h).
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(c) An individual shall have a valid record that the individual completed an alcohol
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training and education seminar within the time period provided in this Subsection (2)
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to act as licensee staff.
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(d) A record that licensee staff has completed an alcohol training and education seminar
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is valid for three years after the day on which the record is issued.
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(e) To be considered as having completed an alcohol training and education seminar, an
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individual shall:
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(i) attend the alcohol training and education seminar and take any test required to
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demonstrate completion of the alcohol training and education seminar in the
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physical presence of an instructor of the seminar provider; or
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(ii) complete the alcohol training and education seminar and take any test required to
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demonstrate completion of the alcohol training and education seminar through an
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online course or testing program that meets the requirements described in
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Subsection (2)(f).
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(f)(i) The division shall by rule made in accordance with Title 63G, Chapter 3, Utah
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Administrative Rulemaking Act, establish one or more requirements for an online
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course or testing program described in Subsection (2)(e) that are designed to
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inhibit fraud in the use of the online course or testing program.
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(ii) In developing the requirements by rule the division shall consider whether to
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require:
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(A) authentication that the an individual accurately identifies the individual as
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taking the online course or test;
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(B) measures to ensure that an individual taking the online course or test is
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focused on training material throughout the entire training period;
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(C) measures to track the actual time an individual taking the online course or test
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is actively engaged online;
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(D) a seminar provider to provide technical support, such as requiring a telephone
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number, email, or other method of communication that allows an individual
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taking the online course or test to receive assistance if the individual is unable
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to participate online because of technical difficulties;
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(E) a test to meet quality standards, including randomization of test questions and
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maximum time limits to take a test;
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(F) a seminar provider to have a system to reduce fraud as to who completes an
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online course or test, such as requiring a distinct online certificate with
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information printed on the certificate that identifies the person taking the online
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course or test, or requiring measures to inhibit duplication of a certificate;
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(G) measures for the division to audit online courses or tests;
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(H) measures to allow an individual taking an online course or test to provide an
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evaluation of the online course or test;
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(I) a seminar provider to track the Internet protocol address or similar electronic
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location of an individual who takes an online course or test;
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(J) an individual who takes an online course or test to use an e-signature; or
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(K) a seminar provider to invalidate a certificate if the seminar provider learns that
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the certificate does not accurately reflect the individual who took the online
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course or test.
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(3)(a) A licensee may not permit an individual who is not in compliance with Subsection
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(2) to:
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(i) serve or supervise the serving of an alcoholic product to a customer for
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consumption on the premises of the licensee;
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(ii) engage in any activity that would constitute managing operations at the premises
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of a licensee that engages in the retail sale of an alcoholic product for
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consumption on the premises of the licensee;
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(iii) directly supervise the sale of beer to a customer for consumption off the premises
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of an off-premise beer retailer; or
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(iv) sell beer to a customer for consumption off the premises of an off-premise beer
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retailer.
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(b) A licensee that violates Subsection (3)(a) is subject to Section 32B-1-702.
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(4) The division shall:
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(a)(i) provide alcohol training and education seminars; or
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(ii) certify one or more seminar providers;
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(b) establish the curriculum for an alcohol training and education seminar that includes
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the following subjects:
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(i)(A) alcohol as a drug; and
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(B) alcohol's effect on the body and behavior;
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(ii) recognizing the problem drinker or signs of intoxication;
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(iii) an overview of state alcohol laws related to responsible beverage sale or service,
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as determined in consultation with the Department of Alcoholic Beverage
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Services;
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(iv) dealing with the problem customer, including ways to terminate sale or service;
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and
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(v) for those supervising or engaging in the retail sale of an alcoholic product for
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consumption on the premises of a licensee[,] :
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(A) alternative means of transportation to get the customer safely home;
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(B) recognizing an opioid-related drug overdose event; and
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(C) the proper administration of an opioid antagonist in response to an
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opioid-related drug overdose event;
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(c) recertify each seminar provider every three years;
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(d) monitor compliance with the curriculum described in Subsection (4)(b);
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(e) maintain for at least five years a record of every person who has completed an
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alcohol training and education seminar;
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(f) provide the information described in Subsection (4)(e) on request to:
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(i) the Department of Alcoholic Beverage Services;
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(ii) law enforcement; or
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(iii) a person licensed by the state or a local government to sell an alcoholic product;
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(g) provide the Department of Alcoholic Beverage Services on request a list of any
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seminar provider certified by the division; and
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(h) establish a fee amount for each person attending an alcohol training and education
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seminar that is sufficient to offset the division's cost of administering this section.
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(5) The division shall by rule made in accordance with Title 63G, Chapter 3, Utah
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Administrative Rulemaking Act:
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(a) establish criteria for certifying and recertifying a seminar provider; and
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(b) establish guidelines for the manner in which an instructor provides an alcohol
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education and training seminar.
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(6) A seminar provider shall:
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(a) obtain recertification by the division every three years;
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(b) ensure that an instructor used by the seminar provider:
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(i) follows the curriculum established under this section; and
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(ii) conducts an alcohol training and education seminar in accordance with the
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guidelines established by rule;
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(c) ensure that any information provided by the seminar provider or instructor of a
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seminar provider is consistent with:
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(i) the curriculum established under this section; and
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(ii) this section;
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(d) provide the division with the names of all persons who complete an alcohol training
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and education seminar provided by the seminar provider;
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(e)(i) collect a fee for each person attending an alcohol training and education
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seminar in accordance with Subsection (2); and
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(ii) forward to the division the portion of the fee that is equal to the amount described
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in Subsection (4)(h); and
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(f) issue a record to an individual that completes an alcohol training and education
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seminar provided by the seminar provider.
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(7)(a) If after a hearing conducted in accordance with Title 63G, Chapter 4,
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Administrative Procedures Act, the division finds that a seminar provider violates
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this section or that an instructor of the seminar provider violates this section, the
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division may:
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(i) suspend the certification of the seminar provider for a period not to exceed 90
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days after the day on which the suspension begins;
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(ii) revoke the certification of the seminar provider;
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(iii) require the seminar provider to take corrective action regarding an instructor; or
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(iv) prohibit the seminar provider from using an instructor until such time that the
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seminar provider establishes to the satisfaction of the division that the instructor is
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in compliance with Subsection (6)(b).
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(b) The division may certify a seminar provider whose certification is revoked:
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(i) no sooner than 90 days after the day on which the certification is revoked; and
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(ii) if the seminar provider establishes to the satisfaction of the division that the
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seminar provider will comply with this section.
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Section 2. Effective Date.
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This bill takes effect on May 7, 2025.
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