02-10 12:02 2nd Sub. (Gray) H.B. 361
Jason E. Thompson proposes the following substitute bill:
1
Opioid Overdose Training Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Jason E. Thompson
Senate Sponsor:
2
3
LONG TITLE
4
General Description:
5
This bill addresses training and education concerning opioid overdose events and related
6
treatment.
7
Highlighted Provisions:
8
This bill:
9
▸ defines terms;
10
▸ requires the Division of Integrated Healthcare within the Department of Health and
11
Human Services to create training and educational materials regarding the subjects of
12
recognizing an opioid-related drug overdose and administering an opioid antagonist;
13
▸ requires an alcohol training and education seminar to include, for certain trainees, the
14
opioid-related training and educational materials created by the Division of Integrated
15
Healthcare;
16
▸ provides that the receipt of the opioid-related training and educational materials does not
17
create or increase liability for the individual who receives them; and
18
▸ makes technical and conforming changes.
19
Money Appropriated in this Bill:
20
None
21
Other Special Clauses:
22
None
23
Utah Code Sections Affected:
24
AMENDS:
25
26B-5-101, as last amended by Laws of Utah 2024, Chapters 240, 420
26
26B-5-102, as last amended by Laws of Utah 2024, Chapters 250, 420
27
26B-5-205, as last amended by Laws of Utah 2023, Chapter 371 and renumbered and
28
amended by Laws of Utah 2023, Chapter 308
2nd Sub. H.B. 361 2nd Sub. (Gray) H.B. 361 02-10 12:02
29
30
Be it enacted by the Legislature of the state of Utah:
31
Section 1. Section 26B-5-101 is amended to read:
32
26B-5-101 . Chapter definitions.
33
As used in this chapter:
34
(1) "Criminal risk factors" means a person's characteristics and behaviors that:
35
(a) affect the person's risk of engaging in criminal behavior; and
36
(b) are diminished when addressed by effective treatment, supervision, and other support
37
resources, resulting in reduced risk of criminal behavior.
38
(2) "Director" means the director appointed under Section 26B-5-103.
39
(3) "Division" means the Division of Integrated Healthcare created in Section 26B-1-1202.
40
(4) "Local mental health authority" means a county legislative body.
41
(5) "Local substance abuse authority" means a county legislative body.
42
(6) "Mental health crisis" means:
43
(a) a mental health condition that manifests in an individual by symptoms of sufficient
44
severity that a prudent layperson who possesses an average knowledge of mental
45
health issues could reasonably expect the absence of immediate attention or
46
intervention to result in:
47
(i) serious danger to the individual's health or well-being; or
48
(ii) a danger to the health or well-being of others; or
49
(b) a mental health condition that, in the opinion of a mental health therapist or the
50
therapist's designee, requires direct professional observation or intervention.
51
(7) "Mental health crisis response training" means community-based training that educates
52
laypersons and professionals on the warning signs of a mental health crisis and how to
53
respond.
54
(8) "Mental health crisis services" means an array of services provided to an individual who
55
experiences a mental health crisis, which may include:
56
(a) direct mental health services;
57
(b) on-site intervention provided by a mobile crisis outreach team;
58
(c) the provision of safety and care plans;
59
(d) prolonged mental health services for up to 90 days after the day on which an
60
individual experiences a mental health crisis;
61
(e) referrals to other community resources;
62
(f) local mental health crisis lines; and
- 2 - 02-10 12:02 2nd Sub. (Gray) H.B. 361
63
(g) the statewide mental health crisis line.
64
(9) "Mental health therapist" means the same as that term is defined in Section 58-60-102.
65
(10) "Mobile crisis outreach team" or "MCOT" means a mobile team of medical and mental
66
health professionals that, in coordination with local law enforcement and emergency
67
medical service personnel, provides mental health crisis services.
68
(11) "Office" means the Office of Substance Use and Mental Health created in Section
69
26B-5-102.
70
(12) "Opioid antagonist" means naloxone hydrochloride or any similarly acting drug that is
71
not a controlled substance and that is approved by the federal Food and Drug
72
Administration for the diagnosis or treatment of an opioid-related drug overdose event.
73
(13) "Opioid-related drug overdose event" means an acute condition, including a decreased
74
level of consciousness or respiratory depression resulting from the consumption or use
75
of a controlled substance, or another substance with which a controlled substance was
76
combined, and that a person would reasonably believe to require medical assistance.
77
[(12)] (14)(a) "Public funds" means federal money received from the department, and
78
state money appropriated by the Legislature to the department, a county governing
79
body, or a local substance abuse authority, or a local mental health authority for the
80
purposes of providing substance abuse or mental health programs or services.
81
(b) "Public funds" include federal and state money that has been transferred by a local
82
substance abuse authority or a local mental health authority to a private provider
83
under an annual or otherwise ongoing contract to provide comprehensive substance
84
abuse or mental health programs or services for the local substance abuse authority or
85
local mental health authority. The money maintains the nature of "public funds"
86
while in the possession of the private entity that has an annual or otherwise ongoing
87
contract with a local substance abuse authority or a local mental health authority to
88
provide comprehensive substance use or mental health programs or services for the
89
local substance abuse authority or local mental health authority.
90
(c) Public funds received for the provision of services under substance use or mental
91
health service plans may not be used for any other purpose except those authorized in
92
the contract between the local mental health or substance abuse authority and
93
provider for the provision of plan services.
94
[(13)] (15) "Severe mental disorder" means schizophrenia, major depression, bipolar
95
disorders, delusional disorders, psychotic disorders, and other mental disorders as
96
defined by the division.
- 3 - 2nd Sub. (Gray) H.B. 361 02-10 12:02
97
[(14)] (16) "Stabilization services" means in-home services provided to a child with, or who
98
is at risk for, complex emotional and behavioral needs, including teaching the child's
99
parent or guardian skills to improve family functioning.
100
[(15)] (17) "Statewide mental health crisis line" means the same as that term is defined in
101
Section 26B-5-610.
102
[(16)] (18) "System of care" means a broad, flexible array of services and supports that:
103
(a) serve a child with or who is at risk for complex emotional and behavioral needs;
104
(b) are community based;
105
(c) are informed about trauma;
106
(d) build meaningful partnerships with families and children;
107
(e) integrate service planning, service coordination, and management across state and
108
local entities;
109
(f) include individualized case planning;
110
(g) provide management and policy infrastructure that supports a coordinated network of
111
interdepartmental service providers, contractors, and service providers who are
112
outside of the department; and
113
(h) are guided by the type and variety of services needed by a child with or who is at risk
114
for complex emotional and behavioral needs and by the child's family.
115
[(17)] (19) "Targeted case management" means a service that assists Medicaid recipients in
116
a target group to gain access to needed medical, social, educational, and other services.
117
Section 2. Section 26B-5-102 is amended to read:
118
26B-5-102 . Division of Integrated Healthcare -- Office of Substance Use and
119
Mental Health -- Creation -- Responsibilities.
120
(1)(a) The Division of Integrated Healthcare shall exercise responsibility over the
121
policymaking functions, regulatory and enforcement powers, rights, duties, and
122
responsibilities outlined in state law that were previously vested in the Division of
123
Substance Abuse and Mental Health within the department, under the administration
124
and general supervision of the executive director.
125
(b) The division is the substance abuse authority and the mental health authority for this
126
state.
127
(c) There is created the Office of Substance Use and Mental Health within the division.
128
(d) The office shall exercise the responsibilities, powers, rights, duties, and
129
responsibilities assigned to the office by the executive director.
130
(2) The division shall:
- 4 - 02-10 12:02 2nd Sub. (Gray) H.B. 361
131
(a)(i) educate the general public regarding the nature and consequences of substance
132
use by promoting school and community-based prevention programs;
133
(ii) render support and assistance to public schools through approved school-based
134
substance abuse education programs aimed at prevention of substance use;
135
(iii) promote or establish programs for the prevention of substance use within the
136
community setting through community-based prevention programs;
137
(iv) cooperate with and assist treatment centers, recovery residences, and other
138
organizations that provide services to individuals recovering from a substance use
139
disorder, by identifying and disseminating information about effective practices
140
and programs;
141
(v) promote integrated programs that address an individual's substance use, mental
142
health, and physical health;
143
(vi) establish and promote an evidence-based continuum of screening, assessment,
144
prevention, treatment, and recovery support services in the community for
145
individuals with a substance use disorder or mental illness;
146
(vii) evaluate the effectiveness of programs described in this Subsection (2);
147
(viii) consider the impact of the programs described in this Subsection (2) on:
148
(A) emergency department utilization;
149
(B) jail and prison populations;
150
(C) the homeless population; and
151
(D) the child welfare system; and
152
(ix) promote or establish programs for education and certification of instructors to
153
educate individuals convicted of driving under the influence of alcohol or drugs or
154
driving with any measurable controlled substance in the body;
155
(b)(i) collect and disseminate information pertaining to mental health;
156
(ii) provide direction over the state hospital including approval of the state hospital's
157
budget, administrative policy, and coordination of services with local service
158
plans;
159
(iii) make rules in accordance with Title 63G, Chapter 3, Utah Administrative
160
Rulemaking Act, to educate families concerning mental illness and promote
161
family involvement, when appropriate, and with patient consent, in the treatment
162
program of a family member;
163
(iv) make rules in accordance with Title 63G, Chapter 3, Utah Administrative
164
Rulemaking Act, to direct that an individual receiving services through a local
- 5 - 2nd Sub. (Gray) H.B. 361 02-10 12:02
165
mental health authority or the Utah State Hospital be informed about and, if
166
desired by the individual, provided assistance in the completion of a declaration
167
for mental health treatment in accordance with Section 26B-5-313; and
168
(v) to the extent authorized and in accordance with statute, make rules in accordance
169
with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that:
170
(A) create a certification for targeted case management;
171
(B) establish training and certification requirements;
172
(C) specify the types of services each certificate holder is qualified to provide;
173
(D) specify the type of supervision under which a certificate holder is required to
174
operate; and
175
(E) specify continuing education and other requirements for maintaining or
176
renewing certification;
177
(c)(i) consult and coordinate with local substance abuse authorities and local mental
178
health authorities regarding programs and services;
179
(ii) provide consultation and other assistance to public and private agencies and
180
groups working on substance use and mental health issues;
181
(iii) promote and establish cooperative relationships with courts, hospitals, clinics,
182
medical and social agencies, public health authorities, law enforcement agencies,
183
education and research organizations, and other related groups;
184
(iv) promote or conduct research on substance use and mental health issues, and
185
submit to the governor and the Legislature recommendations for changes in policy
186
and legislation;
187
(v) receive, distribute, and provide direction over public funds for substance use and
188
mental health services;
189
(vi) monitor and evaluate programs provided by local substance abuse authorities and
190
local mental health authorities;
191
(vii) examine expenditures of local, state, and federal funds;
192
(viii) monitor the expenditure of public funds by:
193
(A) local substance abuse authorities;
194
(B) local mental health authorities; and
195
(C) in counties where they exist, a private contract provider that has an annual or
196
otherwise ongoing contract to provide comprehensive substance abuse or
197
mental health programs or services for the local substance abuse authority or
198
local mental health authority;
- 6 - 02-10 12:02 2nd Sub. (Gray) H.B. 361
199
(ix) contract with local substance abuse authorities and local mental health authorities
200
to provide a comprehensive continuum of services that include community-based
201
services for individuals involved in the criminal justice system, in accordance with
202
division policy, contract provisions, and the local plan;
203
(x) contract with private and public entities for special statewide or nonclinical
204
services, or services for individuals involved in the criminal justice system,
205
according to division rules;
206
(xi) review and approve each local substance abuse authority's plan and each local
207
mental health authority's plan in order to ensure:
208
(A) a statewide comprehensive continuum of substance use services;
209
(B) a statewide comprehensive continuum of mental health services;
210
(C) services result in improved overall health and functioning;
211
(D) a statewide comprehensive continuum of community-based services designed
212
to reduce criminal risk factors for individuals who are determined to have
213
substance use or mental illness conditions or both, and who are involved in the
214
criminal justice system;
215
(E) compliance, where appropriate, with the certification requirements in
216
Subsection (2)(h); and
217
(F) appropriate expenditure of public funds;
218
(xii) review and make recommendations regarding each local substance abuse
219
authority's contract with the local substance abuse authority's provider of
220
substance use programs and services and each local mental health authority's
221
contract with the local mental health authority's provider of mental health
222
programs and services to ensure compliance with state and federal law and policy;
223
(xiii) monitor and ensure compliance with division rules and contract requirements;
224
and
225
(xiv) withhold funds from local substance abuse authorities, local mental health
226
authorities, and public and private providers for contract noncompliance, failure to
227
comply with division directives regarding the use of public funds, or for misuse of
228
public funds or money;
229
(d) ensure that the requirements of this part are met and applied uniformly by local
230
substance abuse authorities and local mental health authorities across the state;
231
(e) require each local substance abuse authority and each local mental health authority,
232
in accordance with Subsections 17-43-201(5)(b) and 17-43-301(6)(a)(ii), to submit a
- 7 - 2nd Sub. (Gray) H.B. 361 02-10 12:02
233
plan to the division on or before May 15 of each year;
234
(f) conduct an annual program audit and review of each local substance abuse authority
235
and each local substance abuse authority's contract provider, and each local mental
236
health authority and each local mental health authority's contract provider, including:
237
(i) a review and determination regarding whether:
238
(A) public funds allocated to the local substance abuse authority or the local
239
mental health authorities are consistent with services rendered by the authority
240
or the authority's contract provider, and with outcomes reported by the
241
authority's contract provider; and
242
(B) each local substance abuse authority and each local mental health authority is
243
exercising sufficient oversight and control over public funds allocated for
244
substance use disorder and mental health programs and services; and
245
(ii) items determined by the division to be necessary and appropriate;
246
(g) define "prevention" by rule as required under Title 32B, Chapter 2, Part 4, Alcoholic
247
Beverage and Substance Abuse Enforcement and Treatment Restricted Account Act;
248
(h)(i) train and certify an adult as a peer support specialist, qualified to provide peer
249
supports services to an individual with:
250
(A) a substance use disorder;
251
(B) a mental health disorder; or
252
(C) a substance use disorder and a mental health disorder;
253
(ii) certify a person to carry out, as needed, the division's duty to train and certify an
254
adult as a peer support specialist;
255
(iii) make rules in accordance with Title 63G, Chapter 3, Utah Administrative
256
Rulemaking Act, that:
257
(A) establish training and certification requirements for a peer support specialist;
258
(B) specify the types of services a peer support specialist is qualified to provide;
259
(C) specify the type of supervision under which a peer support specialist is
260
required to operate; and
261
(D) specify continuing education and other requirements for maintaining or
262
renewing certification as a peer support specialist; and
263
(iv) make rules in accordance with Title 63G, Chapter 3, Utah Administrative
264
Rulemaking Act, that:
265
(A) establish the requirements for a person to be certified to carry out, as needed,
266
the division's duty to train and certify an adult as a peer support specialist; and
- 8 - 02-10 12:02 2nd Sub. (Gray) H.B. 361
267
(B) specify how the division shall provide oversight of a person certified to train
268
and certify a peer support specialist;
269
(i) collaborate with the State Commission on Criminal and Juvenile Justice to analyze
270
and provide recommendations to the Legislature regarding:
271
(i) pretrial services and the resources needed to reduce recidivism;
272
(ii) county jail and county behavioral health early-assessment resources needed for an
273
individual convicted of a class A or class B misdemeanor; and
274
(iii) the replacement of federal dollars associated with drug interdiction law
275
enforcement task forces that are reduced;
276
(j) establish performance goals and outcome measurements for a mental health or
277
substance use treatment program that is licensed under Chapter 2, Part 1, Human
278
Services Programs and Facilities, and contracts with the department, including goals
279
and measurements related to employment and reducing recidivism of individuals
280
receiving mental health or substance use treatment who are involved with the
281
criminal justice system;
282
(k) annually, on or before November 30, submit a written report to the Judiciary Interim
283
Committee, the Health and Human Services Interim Committee, and the Law
284
Enforcement and Criminal Justice Interim Committee, that includes:
285
(i) a description of the performance goals and outcome measurements described in
286
Subsection (2)(j); and
287
(ii) information on the effectiveness of the goals and measurements in ensuring
288
appropriate and adequate mental health or substance use treatment is provided in a
289
treatment program described in Subsection (2)(j);
290
(l) collaborate with the Administrative Office of the Courts, the Department of
291
Corrections, the Department of Workforce Services, and the Board of Pardons and
292
Parole to collect data on recidivism in accordance with the metrics and requirements
293
described in Section 63M-7-102;
294
(m) at the division's discretion, use the data described in Subsection (2)(l) to make
295
decisions regarding the use of funds allocated to the division to provide treatment;
296
(n) annually, on or before August 31, submit the data collected under Subsection (2)(l)
297
and any recommendations to improve the data collection to the State Commission on
298
Criminal and Juvenile Justice to be included in the report described in Subsection
299
63M-7-204(1)(x);
300
(o) publish the following on the division's website:
- 9 - 2nd Sub. (Gray) H.B. 361 02-10 12:02
301
(i) the performance goals and outcome measurements described in Subsection (2)(j);
302
and
303
(ii) a description of the services provided and the contact information for the mental
304
health and substance use treatment programs described in Subsection (2)(j) and
305
residential, vocational and life skills programs, as defined in Section 13-53-102;[
306
and]
307
(p) consult and coordinate with the Division of Child and Family Services to develop
308
and manage the operation of a program designed to reduce substance use during
309
pregnancy and by parents of a newborn child that includes:
310
(i) providing education and resources to health care providers and individuals in the
311
state regarding prevention of substance use during pregnancy;
312
(ii) providing training to health care providers in the state regarding screening of a
313
pregnant woman or pregnant minor to identify a substance use disorder; and
314
(iii) providing referrals to pregnant women, pregnant minors, or parents of a newborn
315
child in need of substance use treatment services to a facility that has the capacity
316
to provide the treatment services[.] ; and
317
(q) create training and educational materials regarding recognizing an opioid-related
318
drug overdose event and the proper administration of an opioid antagonist in
319
response to an opioid-related drug overdose event.
320
(3) In addition to the responsibilities described in Subsection (2), the division shall, within
321
funds appropriated by the Legislature for this purpose, implement and manage the
322
operation of a firearm safety and suicide prevention program, in consultation with the
323
Bureau of Criminal Identification created in Section 53-10-201, including:
324
(a) coordinating with local mental health and substance abuse authorities, a nonprofit
325
behavioral health advocacy group, and a representative from a Utah-based nonprofit
326
organization with expertise in the field of firearm use and safety that represents
327
firearm owners, to:
328
(i) produce and periodically review and update a firearm safety brochure and other
329
educational materials with information about the safe handling and use of firearms
330
that includes:
331
(A) information on safe handling, storage, and use of firearms in a home
332
environment;
333
(B) information about at-risk individuals and individuals who are legally
334
prohibited from possessing firearms;
- 10 - 02-10 12:02 2nd Sub. (Gray) H.B. 361
335
(C) information about suicide prevention awareness; and
336
(D) information about the availability of firearm safety packets;
337
(ii) procure cable-style gun locks for distribution under this section;
338
(iii) produce a firearm safety packet that includes the firearm safety brochure and the
339
cable-style gun lock described in this Subsection (3); and
340
(iv) create a suicide prevention education course that:
341
(A) provides information for distribution regarding firearm safety education;
342
(B) incorporates current information on how to recognize suicidal behaviors and
343
identify individuals who may be suicidal; and
344
(C) provides information regarding crisis intervention resources;
345
(b) distributing, free of charge, the firearm safety packet to the following persons, who
346
shall make the firearm safety packet available free of charge:
347
(i) health care providers, including emergency rooms;
348
(ii) mobile crisis outreach teams;
349
(iii) mental health practitioners;
350
(iv) other public health suicide prevention organizations;
351
(v) entities that teach firearm safety courses;
352
(vi) school districts for use in the seminar, described in Section 53G-9-702, for
353
parents of students in the school district; and
354
(vii) firearm dealers to be distributed in accordance with Section 76-10-526;
355
(c) creating and administering a rebate program that includes a rebate that offers
356
between $10 and $200 off the purchase price of a firearm safe from a participating
357
firearms dealer or a person engaged in the business of selling firearm safes in Utah,
358
by a Utah resident; and
359
(d) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
360
making rules that establish procedures for:
361
(i) producing and distributing the suicide prevention education course and the firearm
362
safety brochures and packets;
363
(ii) procuring the cable-style gun locks for distribution; and
364
(iii) administering the rebate program.
365
(4)(a) The division may refuse to contract with and may pursue legal remedies against
366
any local substance abuse authority or local mental health authority that fails, or has
367
failed, to expend public funds in accordance with state law, division policy, contract
368
provisions, or directives issued in accordance with state law.
- 11 - 2nd Sub. (Gray) H.B. 361 02-10 12:02
369
(b) The division may withhold funds from a local substance abuse authority or local
370
mental health authority if the authority's contract provider of substance use or mental
371
health programs or services fails to comply with state and federal law or policy.
372
(5)(a) Before reissuing or renewing a contract with any local substance abuse authority
373
or local mental health authority, the division shall review and determine whether the
374
local substance abuse authority or local mental health authority is complying with the
375
oversight and management responsibilities described in Sections 17-43-201,
376
17-43-203, 17-43-303, and 17-43-309.
377
(b) Nothing in this Subsection (5) may be used as a defense to the responsibility and
378
liability described in Section 17-43-303 and to the responsibility and liability
379
described in Section 17-43-203.
380
(6) In carrying out the division's duties and responsibilities, the division may not duplicate
381
treatment or educational facilities that exist in other divisions or departments of the state,
382
but shall work in conjunction with those divisions and departments in rendering the
383
treatment or educational services that those divisions and departments are competent and
384
able to provide.
385
(7) The division may accept in the name of and on behalf of the state donations, gifts,
386
devises, or bequests of real or personal property or services to be used as specified by
387
the donor.
388
(8) The division shall annually review with each local substance abuse authority and each
389
local mental health authority the authority's statutory and contract responsibilities
390
regarding:
391
(a) use of public funds;
392
(b) oversight of public funds; and
393
(c) governance of substance use disorder and mental health programs and services.
394
(9) The Legislature may refuse to appropriate funds to the division upon the division's
395
failure to comply with the provisions of this part.
396
(10) If a local substance abuse authority contacts the division under Subsection 17-43-201
397
(10) for assistance in providing treatment services to a pregnant woman or pregnant
398
minor, the division shall:
399
(a) refer the pregnant woman or pregnant minor to a treatment facility that has the
400
capacity to provide the treatment services; or
401
(b) otherwise ensure that treatment services are made available to the pregnant woman
402
or pregnant minor.
- 12 - 02-10 12:02 2nd Sub. (Gray) H.B. 361
403
(11) The division shall employ a school-based mental health specialist to be housed at the
404
State Board of Education who shall work with the State Board of Education to:
405
(a) provide coordination between a local education agency and local mental health
406
authority;
407
(b) recommend evidence-based and evidence informed mental health screenings and
408
intervention assessments for a local education agency; and
409
(c) coordinate with the local community, including local departments of health, to
410
enhance and expand mental health related resources for a local education agency.
411
Section 3. Section 26B-5-205 is amended to read:
412
26B-5-205 . Alcohol training and education seminar.
413
(1) As used in this section:
414
(a) "Instructor" means a person that directly provides the instruction during an alcohol
415
training and education seminar for a seminar provider.
416
(b) "Licensee" means a person who is:
417
(i)(A) a new or renewing licensee under Title 32B, Alcoholic Beverage Control
418
Act; and
419
(B) engaged in the retail sale of an alcoholic product for consumption on the
420
premises of the licensee; or
421
(ii) a business that is:
422
(A) a new or renewing licensee licensed by a city, town, or county; and
423
(B) engaged in the retail sale of beer for consumption off the premises of the
424
licensee.
425
(c) "Licensee staff" means a retail manager, retail staff, an off-premise retail manager, or
426
off-premise retail staff.
427
(d) "Off-premise beer retailer" is as defined in Section 32B-1-102.
428
(e) "Off-premise retail manager" means the same as that term is defined in Section
429
32B-1-701.
430
(f) "Off-premise retail staff" means the same as that term is defined in Section 32B-1-701.
431
(g) "Retail manager" means the same as that term is defined in Section 32B-1-701.
432
(h) "Retail staff" means the same as that term is defined in Section 32B-1-701.
433
(i) "Seminar provider" means a person other than the division who provides an alcohol
434
training and education seminar meeting the requirements of this section.
435
(2)(a) This section applies to licensee staff.
436
(b) An individual who does not have a valid record that the individual has completed an
- 13 - 2nd Sub. (Gray) H.B. 361 02-10 12:02
437
alcohol training and education seminar shall:
438
(i) complete an alcohol training and education seminar before the day on which the
439
individual begins work as licensee staff of a licensee; and
440
(ii) pay a fee [ ]to the seminar provider that is equal to or greater than the amount
441
established under Subsection (4)(h).
442
(c) An individual shall have a valid record that the individual completed an alcohol
443
training and education seminar within the time period provided in this Subsection (2)
444
to act as licensee staff.
445
(d) A record that licensee staff has completed an alcohol training and education seminar
446
is valid for three years after the day on which the record is issued.
447
(e) To be considered as having completed an alcohol training and education seminar, an
448
individual shall:
449
(i) attend the alcohol training and education seminar and take any test required to
450
demonstrate completion of the alcohol training and education seminar in the
451
physical presence of an instructor of the seminar provider; or
452
(ii) complete the alcohol training and education seminar and take any test required to
453
demonstrate completion of the alcohol training and education seminar through an
454
online course or testing program that meets the requirements described in
455
Subsection (2)(f).
456
(f)(i) The division shall by rule made in accordance with Title 63G, Chapter 3, Utah
457
Administrative Rulemaking Act, establish one or more requirements for an online
458
course or testing program described in Subsection (2)(e) that are designed to
459
inhibit fraud in the use of the online course or testing program.
460
(ii) In developing the requirements by rule the division shall consider whether to
461
require:
462
(A) authentication that the an individual accurately identifies the individual as
463
taking the online course or test;
464
(B) measures to ensure that an individual taking the online course or test is
465
focused on training material throughout the entire training period;
466
(C) measures to track the actual time an individual taking the online course or test
467
is actively engaged online;
468
(D) a seminar provider to provide technical support, such as requiring a telephone
469
number, email, or other method of communication that allows an individual
470
taking the online course or test to receive assistance if the individual is unable
- 14 - 02-10 12:02 2nd Sub. (Gray) H.B. 361
471
to participate online because of technical difficulties;
472
(E) a test to meet quality standards, including randomization of test questions and
473
maximum time limits to take a test;
474
(F) a seminar provider to have a system to reduce fraud as to who completes an
475
online course or test, such as requiring a distinct online certificate with
476
information printed on the certificate that identifies the person taking the online
477
course or test, or requiring measures to inhibit duplication of a certificate;
478
(G) measures for the division to audit online courses or tests;
479
(H) measures to allow an individual taking an online course or test to provide an
480
evaluation of the online course or test;
481
(I) a seminar provider to track the Internet protocol address or similar electronic
482
location of an individual who takes an online course or test;
483
(J) an individual who takes an online course or test to use an e-signature; or
484
(K) a seminar provider to invalidate a certificate if the seminar provider learns that
485
the certificate does not accurately reflect the individual who took the online
486
course or test.
487
(3)(a) A licensee may not permit an individual who is not in compliance with Subsection
488
(2) to:
489
(i) serve or supervise the serving of an alcoholic product to a customer for
490
consumption on the premises of the licensee;
491
(ii) engage in any activity that would constitute managing operations at the premises
492
of a licensee that engages in the retail sale of an alcoholic product for
493
consumption on the premises of the licensee;
494
(iii) directly supervise the sale of beer to a customer for consumption off the premises
495
of an off-premise beer retailer; or
496
(iv) sell beer to a customer for consumption off the premises of an off-premise beer
497
retailer.
498
(b) A licensee that violates Subsection (3)(a) is subject to Section 32B-1-702.
499
(4) The division shall:
500
(a)(i) provide alcohol training and education seminars; or
501
(ii) certify one or more seminar providers;
502
(b) establish the curriculum for an alcohol training and education seminar that includes
503
the following subjects:
504
(i)(A) alcohol as a drug; and
- 15 - 2nd Sub. (Gray) H.B. 361 02-10 12:02
505
(B) alcohol's effect on the body and behavior;
506
(ii) recognizing the problem drinker or signs of intoxication;
507
(iii) an overview of state alcohol laws related to responsible beverage sale or service,
508
as determined in consultation with the Department of Alcoholic Beverage
509
Services;
510
(iv) dealing with the problem customer, including ways to terminate sale or service;
511
and
512
(v) for those supervising or engaging in the retail sale of an alcoholic product for
513
consumption on the premises of a licensee[,] :
514
(A) alternative means of transportation to get the customer safely home; and
515
(B) the opioid-related training and educational materials created pursuant to
516
Subsection 26B-5-102(2)(q);
517
(c) recertify each seminar provider every three years;
518
(d) monitor compliance with the curriculum described in Subsection (4)(b);
519
(e) maintain for at least five years a record of every person who has completed an
520
alcohol training and education seminar;
521
(f) provide the information described in Subsection (4)(e) on request to:
522
(i) the Department of Alcoholic Beverage Services;
523
(ii) law enforcement; or
524
(iii) a person licensed by the state or a local government to sell an alcoholic product;
525
(g) provide the Department of Alcoholic Beverage Services on request a list of any
526
seminar provider certified by the division; and
527
(h) establish a fee amount for each person attending an alcohol training and education
528
seminar that is sufficient to offset the division's cost of administering this section.
529
(5) The division shall by rule made in accordance with Title 63G, Chapter 3, Utah
530
Administrative Rulemaking Act:
531
(a) establish criteria for certifying and recertifying a seminar provider; and
532
(b) establish guidelines for the manner in which an instructor provides an alcohol
533
education and training seminar.
534
(6) A seminar provider shall:
535
(a) obtain recertification by the division every three years;
536
(b) ensure that an instructor used by the seminar provider:
537
(i) follows the curriculum established under this section; and
538
(ii) conducts an alcohol training and education seminar in accordance with the
- 16 - 02-10 12:02 2nd Sub. (Gray) H.B. 361
539
guidelines established by rule;
540
(c) ensure that any information provided by the seminar provider or instructor of a
541
seminar provider is consistent with:
542
(i) the curriculum established under this section; and
543
(ii) this section;
544
(d) provide the division with the names of all persons who complete an alcohol training
545
and education seminar provided by the seminar provider;
546
(e)(i) collect a fee for each person attending an alcohol training and education
547
seminar in accordance with Subsection (2); and
548
(ii) forward to the division the portion of the fee that is equal to the amount described
549
in Subsection (4)(h); and
550
(f) issue a record to an individual that completes an alcohol training and education
551
seminar provided by the seminar provider.
552
(7)(a) If after a hearing conducted in accordance with Title 63G, Chapter 4,
553
Administrative Procedures Act, the division finds that a seminar provider violates
554
this section or that an instructor of the seminar provider violates this section, the
555
division may:
556
(i) suspend the certification of the seminar provider for a period not to exceed 90
557
days after the day on which the suspension begins;
558
(ii) revoke the certification of the seminar provider;
559
(iii) require the seminar provider to take corrective action regarding an instructor; or
560
(iv) prohibit the seminar provider from using an instructor until such time that the
561
seminar provider establishes to the satisfaction of the division that the instructor is
562
in compliance with Subsection (6)(b).
563
(b) The division may certify a seminar provider whose certification is revoked:
564
(i) no sooner than 90 days after the day on which the certification is revoked; and
565
(ii) if the seminar provider establishes to the satisfaction of the division that the
566
seminar provider will comply with this section.
567
(8) An individual's receipt of the training and educational materials described in Subsection
568
(4)(b)(v)(B) does not place any additional responsibility or liability on the individual,
569
and shall not be construed to increase or create liability or responsibility for the
570
individual.
571
Section 4. Effective Date.
572
This bill takes effect on May 7, 2025.
- 17 -