02-27 21:34 3rd Sub. (Cherry) H.B. 361
Jason E. Thompson proposes the following substitute bill:
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Drug Overdose Training Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Jason E. Thompson
Senate Sponsor: Heidi Balderree
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LONG TITLE
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General Description:
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This bill addresses training and education concerning drug overdose recognition.
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Highlighted Provisions:
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This bill:
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▸ defines terms;
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▸ requires the Division of Integrated Healthcare within the Department of Health and
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Human Services to create training and educational materials regarding recognizing a
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drug overdose;
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▸ requires an alcohol training and education seminar to include, for certain trainees, the
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drug overdose training and educational materials created by the Division of Integrated
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Healthcare;
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▸ provides that the receipt of the drug overdose training and educational materials does not
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create or increase liability for the individual who receives them Ĥ→ or the individual's
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employer ←Ĥ ; 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-5-102, as last amended by Laws of Utah 2024, Chapters 250, 420
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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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3rd Sub. H.B. 361 3rd Sub. (Cherry) H.B. 361 02-27 21:34
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Be it enacted by the Legislature of the state of Utah:
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Section 1. Section 26B-5-102 is amended to read:
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26B-5-102 . Division of Integrated Healthcare -- Office of Substance Use and
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Mental Health -- Creation -- Responsibilities.
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(1)(a) The Division of Integrated Healthcare shall exercise responsibility over the
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policymaking functions, regulatory and enforcement powers, rights, duties, and
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responsibilities outlined in state law that were previously vested in the Division of
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Substance Abuse and Mental Health within the department, under the administration
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and general supervision of the executive director.
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(b) The division is the substance abuse authority and the mental health authority for this
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state.
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(c) There is created the Office of Substance Use and Mental Health within the division.
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(d) The office shall exercise the responsibilities, powers, rights, duties, and
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responsibilities assigned to the office by the executive director.
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(2) The division shall:
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(a)(i) educate the general public regarding the nature and consequences of substance
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use by promoting school and community-based prevention programs;
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(ii) render support and assistance to public schools through approved school-based
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substance abuse education programs aimed at prevention of substance use;
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(iii) promote or establish programs for the prevention of substance use within the
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community setting through community-based prevention programs;
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(iv) cooperate with and assist treatment centers, recovery residences, and other
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organizations that provide services to individuals recovering from a substance use
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disorder, by identifying and disseminating information about effective practices
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and programs;
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(v) promote integrated programs that address an individual's substance use, mental
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health, and physical health;
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(vi) establish and promote an evidence-based continuum of screening, assessment,
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prevention, treatment, and recovery support services in the community for
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individuals with a substance use disorder or mental illness;
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(vii) evaluate the effectiveness of programs described in this Subsection (2);
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(viii) consider the impact of the programs described in this Subsection (2) on:
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(A) emergency department utilization;
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(B) jail and prison populations;
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(C) the homeless population; and
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(D) the child welfare system; and
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(ix) promote or establish programs for education and certification of instructors to
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educate individuals convicted of driving under the influence of alcohol or drugs or
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driving with any measurable controlled substance in the body;
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(b)(i) collect and disseminate information pertaining to mental health;
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(ii) provide direction over the state hospital including approval of the state hospital's
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budget, administrative policy, and coordination of services with local service
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plans;
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(iii) make rules in accordance with Title 63G, Chapter 3, Utah Administrative
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Rulemaking Act, to educate families concerning mental illness and promote
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family involvement, when appropriate, and with patient consent, in the treatment
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program of a family member;
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(iv) make rules in accordance with Title 63G, Chapter 3, Utah Administrative
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Rulemaking Act, to direct that an individual receiving services through a local
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mental health authority or the Utah State Hospital be informed about and, if
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desired by the individual, provided assistance in the completion of a declaration
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for mental health treatment in accordance with Section 26B-5-313; and
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(v) to the extent authorized and in accordance with statute, make rules in accordance
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with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that:
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(A) create a certification for targeted case management;
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(B) establish training and certification requirements;
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(C) specify the types of services each certificate holder is qualified to provide;
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(D) specify the type of supervision under which a certificate holder is required to
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operate; and
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(E) specify continuing education and other requirements for maintaining or
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renewing certification;
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(c)(i) consult and coordinate with local substance abuse authorities and local mental
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health authorities regarding programs and services;
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(ii) provide consultation and other assistance to public and private agencies and
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groups working on substance use and mental health issues;
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(iii) promote and establish cooperative relationships with courts, hospitals, clinics,
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medical and social agencies, public health authorities, law enforcement agencies,
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education and research organizations, and other related groups;
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(iv) promote or conduct research on substance use and mental health issues, and
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submit to the governor and the Legislature recommendations for changes in policy
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and legislation;
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(v) receive, distribute, and provide direction over public funds for substance use and
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mental health services;
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(vi) monitor and evaluate programs provided by local substance abuse authorities and
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local mental health authorities;
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(vii) examine expenditures of local, state, and federal funds;
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(viii) monitor the expenditure of public funds by:
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(A) local substance abuse authorities;
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(B) local mental health authorities; and
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(C) in counties where they exist, a private contract provider that has an annual or
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otherwise ongoing contract to provide comprehensive substance abuse or
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mental health programs or services for the local substance abuse authority or
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local mental health authority;
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(ix) contract with local substance abuse authorities and local mental health authorities
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to provide a comprehensive continuum of services that include community-based
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services for individuals involved in the criminal justice system, in accordance with
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division policy, contract provisions, and the local plan;
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(x) contract with private and public entities for special statewide or nonclinical
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services, or services for individuals involved in the criminal justice system,
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according to division rules;
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(xi) review and approve each local substance abuse authority's plan and each local
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mental health authority's plan in order to ensure:
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(A) a statewide comprehensive continuum of substance use services;
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(B) a statewide comprehensive continuum of mental health services;
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(C) services result in improved overall health and functioning;
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(D) a statewide comprehensive continuum of community-based services designed
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to reduce criminal risk factors for individuals who are determined to have
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substance use or mental illness conditions or both, and who are involved in the
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criminal justice system;
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(E) compliance, where appropriate, with the certification requirements in
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Subsection (2)(h); and
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(F) appropriate expenditure of public funds;
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(xii) review and make recommendations regarding each local substance abuse
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authority's contract with the local substance abuse authority's provider of
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substance use programs and services and each local mental health authority's
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contract with the local mental health authority's provider of mental health
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programs and services to ensure compliance with state and federal law and policy;
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(xiii) monitor and ensure compliance with division rules and contract requirements;
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and
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(xiv) withhold funds from local substance abuse authorities, local mental health
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authorities, and public and private providers for contract noncompliance, failure to
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comply with division directives regarding the use of public funds, or for misuse of
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public funds or money;
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(d) ensure that the requirements of this part are met and applied uniformly by local
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substance abuse authorities and local mental health authorities across the state;
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(e) require each local substance abuse authority and each local mental health authority,
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in accordance with Subsections 17-43-201(5)(b) and 17-43-301(6)(a)(ii), to submit a
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plan to the division on or before May 15 of each year;
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(f) conduct an annual program audit and review of each local substance abuse authority
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and each local substance abuse authority's contract provider, and each local mental
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health authority and each local mental health authority's contract provider, including:
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(i) a review and determination regarding whether:
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(A) public funds allocated to the local substance abuse authority or the local
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mental health authorities are consistent with services rendered by the authority
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or the authority's contract provider, and with outcomes reported by the
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authority's contract provider; and
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(B) each local substance abuse authority and each local mental health authority is
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exercising sufficient oversight and control over public funds allocated for
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substance use disorder and mental health programs and services; and
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(ii) items determined by the division to be necessary and appropriate;
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(g) define "prevention" by rule as required under Title 32B, Chapter 2, Part 4, Alcoholic
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Beverage and Substance Abuse Enforcement and Treatment Restricted Account Act;
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(h)(i) train and certify an adult as a peer support specialist, qualified to provide peer
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supports services to an individual with:
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(A) a substance use disorder;
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(B) a mental health disorder; or
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(C) a substance use disorder and a mental health disorder;
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(ii) certify a person to carry out, as needed, the division's duty to train and certify an
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adult as a peer support specialist;
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(iii) make rules in accordance with Title 63G, Chapter 3, Utah Administrative
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Rulemaking Act, that:
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(A) establish training and certification requirements for a peer support specialist;
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(B) specify the types of services a peer support specialist is qualified to provide;
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(C) specify the type of supervision under which a peer support specialist is
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required to operate; and
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(D) specify continuing education and other requirements for maintaining or
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renewing certification as a peer support specialist; and
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(iv) make rules in accordance with Title 63G, Chapter 3, Utah Administrative
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Rulemaking Act, that:
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(A) establish the requirements for a person to be certified to carry out, as needed,
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the division's duty to train and certify an adult as a peer support specialist; and
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(B) specify how the division shall provide oversight of a person certified to train
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and certify a peer support specialist;
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(i) collaborate with the State Commission on Criminal and Juvenile Justice to analyze
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and provide recommendations to the Legislature regarding:
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(i) pretrial services and the resources needed to reduce recidivism;
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(ii) county jail and county behavioral health early-assessment resources needed for an
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individual convicted of a class A or class B misdemeanor; and
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(iii) the replacement of federal dollars associated with drug interdiction law
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enforcement task forces that are reduced;
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(j) establish performance goals and outcome measurements for a mental health or
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substance use treatment program that is licensed under Chapter 2, Part 1, Human
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Services Programs and Facilities, and contracts with the department, including goals
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and measurements related to employment and reducing recidivism of individuals
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receiving mental health or substance use treatment who are involved with the
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criminal justice system;
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(k) annually, on or before November 30, submit a written report to the Judiciary Interim
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Committee, the Health and Human Services Interim Committee, and the Law
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Enforcement and Criminal Justice Interim Committee, that includes:
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(i) a description of the performance goals and outcome measurements described in
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Subsection (2)(j); and
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(ii) information on the effectiveness of the goals and measurements in ensuring
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appropriate and adequate mental health or substance use treatment is provided in a
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treatment program described in Subsection (2)(j);
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(l) collaborate with the Administrative Office of the Courts, the Department of
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Corrections, the Department of Workforce Services, and the Board of Pardons and
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Parole to collect data on recidivism in accordance with the metrics and requirements
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described in Section 63M-7-102;
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(m) at the division's discretion, use the data described in Subsection (2)(l) to make
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decisions regarding the use of funds allocated to the division to provide treatment;
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(n) annually, on or before August 31, submit the data collected under Subsection (2)(l)
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and any recommendations to improve the data collection to the State Commission on
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Criminal and Juvenile Justice to be included in the report described in Subsection
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63M-7-204(1)(x);
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(o) publish the following on the division's website:
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(i) the performance goals and outcome measurements described in Subsection (2)(j);
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and
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(ii) a description of the services provided and the contact information for the mental
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health and substance use treatment programs described in Subsection (2)(j) and
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residential, vocational and life skills programs, as defined in Section 13-53-102;[
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and]
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(p) consult and coordinate with the Division of Child and Family Services to develop
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and manage the operation of a program designed to reduce substance use during
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pregnancy and by parents of a newborn child that includes:
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(i) providing education and resources to health care providers and individuals in the
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state regarding prevention of substance use during pregnancy;
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(ii) providing training to health care providers in the state regarding screening of a
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pregnant woman or pregnant minor to identify a substance use disorder; and
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(iii) providing referrals to pregnant women, pregnant minors, or parents of a newborn
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child in need of substance use treatment services to a facility that has the capacity
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to provide the treatment services[.] ; and
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(q) create training and educational materials regarding recognizing a drug overdose.
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(3) In addition to the responsibilities described in Subsection (2), the division shall, within
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funds appropriated by the Legislature for this purpose, implement and manage the
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operation of a firearm safety and suicide prevention program, in consultation with the
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Bureau of Criminal Identification created in Section 53-10-201, including:
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(a) coordinating with local mental health and substance abuse authorities, a nonprofit
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behavioral health advocacy group, and a representative from a Utah-based nonprofit
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organization with expertise in the field of firearm use and safety that represents
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firearm owners, to:
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(i) produce and periodically review and update a firearm safety brochure and other
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educational materials with information about the safe handling and use of firearms
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that includes:
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(A) information on safe handling, storage, and use of firearms in a home
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environment;
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(B) information about at-risk individuals and individuals who are legally
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prohibited from possessing firearms;
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(C) information about suicide prevention awareness; and
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(D) information about the availability of firearm safety packets;
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(ii) procure cable-style gun locks for distribution under this section;
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(iii) produce a firearm safety packet that includes the firearm safety brochure and the
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cable-style gun lock described in this Subsection (3); and
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(iv) create a suicide prevention education course that:
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(A) provides information for distribution regarding firearm safety education;
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(B) incorporates current information on how to recognize suicidal behaviors and
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identify individuals who may be suicidal; and
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(C) provides information regarding crisis intervention resources;
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(b) distributing, free of charge, the firearm safety packet to the following persons, who
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shall make the firearm safety packet available free of charge:
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(i) health care providers, including emergency rooms;
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(ii) mobile crisis outreach teams;
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(iii) mental health practitioners;
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(iv) other public health suicide prevention organizations;
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(v) entities that teach firearm safety courses;
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(vi) school districts for use in the seminar, described in Section 53G-9-702, for
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parents of students in the school district; and
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(vii) firearm dealers to be distributed in accordance with Section 76-10-526;
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(c) creating and administering a rebate program that includes a rebate that offers
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between $10 and $200 off the purchase price of a firearm safe from a participating
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firearms dealer or a person engaged in the business of selling firearm safes in Utah,
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by a Utah resident; and
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(d) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
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making rules that establish procedures for:
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(i) producing and distributing the suicide prevention education course and the firearm
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safety brochures and packets;
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(ii) procuring the cable-style gun locks for distribution; and
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(iii) administering the rebate program.
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(4)(a) The division may refuse to contract with and may pursue legal remedies against
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any local substance abuse authority or local mental health authority that fails, or has
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failed, to expend public funds in accordance with state law, division policy, contract
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provisions, or directives issued in accordance with state law.
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(b) The division may withhold funds from a local substance abuse authority or local
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mental health authority if the authority's contract provider of substance use or mental
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health programs or services fails to comply with state and federal law or policy.
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(5)(a) Before reissuing or renewing a contract with any local substance abuse authority
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or local mental health authority, the division shall review and determine whether the
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local substance abuse authority or local mental health authority is complying with the
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oversight and management responsibilities described in Sections 17-43-201,
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17-43-203, 17-43-303, and 17-43-309.
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(b) Nothing in this Subsection (5) may be used as a defense to the responsibility and
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liability described in Section 17-43-303 and to the responsibility and liability
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described in Section 17-43-203.
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(6) In carrying out the division's duties and responsibilities, the division may not duplicate
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treatment or educational facilities that exist in other divisions or departments of the state,
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but shall work in conjunction with those divisions and departments in rendering the
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treatment or educational services that those divisions and departments are competent and
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able to provide.
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(7) The division may accept in the name of and on behalf of the state donations, gifts,
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devises, or bequests of real or personal property or services to be used as specified by
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the donor.
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(8) The division shall annually review with each local substance abuse authority and each
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local mental health authority the authority's statutory and contract responsibilities
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regarding:
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(a) use of public funds;
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(b) oversight of public funds; and
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(c) governance of substance use disorder and mental health programs and services.
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(9) The Legislature may refuse to appropriate funds to the division upon the division's
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failure to comply with the provisions of this part.
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(10) If a local substance abuse authority contacts the division under Subsection 17-43-201
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(10) for assistance in providing treatment services to a pregnant woman or pregnant
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minor, the division shall:
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(a) refer the pregnant woman or pregnant minor to a treatment facility that has the
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capacity to provide the treatment services; or
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(b) otherwise ensure that treatment services are made available to the pregnant woman
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or pregnant minor.
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(11) The division shall employ a school-based mental health specialist to be housed at the
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State Board of Education who shall work with the State Board of Education to:
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(a) provide coordination between a local education agency and local mental health
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authority;
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(b) recommend evidence-based and evidence informed mental health screenings and
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intervention assessments for a local education agency; and
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(c) coordinate with the local community, including local departments of health, to
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enhance and expand mental health related resources for a local education agency.
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Section 2. 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) "Retail manager" means the same as that term is defined in Section 32B-1-701.
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(h) "Retail staff" means the same as that term is defined in Section 32B-1-701.
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(i) "Seminar provider" means a person other than the division who provides an alcohol
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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
392
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;
421
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; and
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(B) the drug overdose training and educational materials created pursuant to
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Subsection 26B-5-102(2)(q);
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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:
432
(i) the Department of Alcoholic Beverage Services;
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(ii) law enforcement; or
434
(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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(8) An individual's receipt of the training and educational materials described in Subsection
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(4)(b)(v)(B) does not place any additional responsibility or liability on the individual Ĥ→
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or the individual's employer ←Ĥ ,
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and shall not be construed to increase or create liability or responsibility for the
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individual Ĥ→ or the individual's employer ←Ĥ .
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Section 3. Effective Date.
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This bill takes effect on May 7, 2025.
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