UT
Utah House Bill HB0361

Utah 2025 Regular Session

Utah House Bill HB0361 Compare Versions

OldNewDifferences
1-Enrolled Copy H.B. 361
1+02-27 21:34 3rd Sub. (Cherry) H.B. 361
2+Jason E. Thompson proposes the following substitute bill:
23 1
34 Drug Overdose Training Amendments
45 2025 GENERAL SESSION
56 STATE OF UTAH
67 Chief Sponsor: Jason E. Thompson
78 Senate Sponsor: Heidi Balderree
89 2
910
1011 3
1112 LONG TITLE
1213 4
1314 General Description:
1415 5
1516 This bill addresses training and education concerning drug overdose recognition.
1617 6
1718 Highlighted Provisions:
1819 7
1920 This bill:
2021 8
2122 ▸ defines terms;
2223 9
2324 ▸ requires the Division of Integrated Healthcare within the Department of Health and
2425 10
2526 Human Services to create training and educational materials regarding recognizing a
2627 11
2728 drug overdose;
2829 12
2930 ▸ requires an alcohol training and education seminar to include, for certain trainees, the
3031 13
3132 drug overdose training and educational materials created by the Division of Integrated
3233 14
3334 Healthcare;
3435 15
3536 ▸ provides that the receipt of the drug overdose training and educational materials does not
3637 16
37-create or increase liability for the individual who receives them or the individual's
38+create or increase liability for the individual who receives them Ĥ→ or the individual's
39+16a
40+employer ←Ĥ ; and
3841 17
39-employer; and
42+▸ makes technical and conforming changes.
4043 18
41-▸ makes technical and conforming changes.
44+Money Appropriated in this Bill:
4245 19
43-Money Appropriated in this Bill:
46+None
4447 20
48+Other Special Clauses:
49+21
4550 None
46-21
47-Other Special Clauses:
4851 22
49-None
52+Utah Code Sections Affected:
5053 23
51-Utah Code Sections Affected:
54+AMENDS:
5255 24
53-AMENDS:
56+26B-5-102, as last amended by Laws of Utah 2024, Chapters 250, 420
5457 25
55-26B-5-102, as last amended by Laws of Utah 2024, Chapters 250, 420
58+26B-5-205, as last amended by Laws of Utah 2023, Chapter 371 and renumbered and
5659 26
57-26B-5-205, as last amended by Laws of Utah 2023, Chapter 371 and renumbered and
60+amended by Laws of Utah 2023, Chapter 308
5861 27
59-amended by Laws of Utah 2023, Chapter 308 H.B. 361 Enrolled Copy
62+
63+3rd Sub. H.B. 361 3rd Sub. (Cherry) H.B. 361 02-27 21:34
6064 28
61-
65+Be it enacted by the Legislature of the state of Utah:
6266 29
63-Be it enacted by the Legislature of the state of Utah:
67+Section 1. Section 26B-5-102 is amended to read:
6468 30
65-Section 1. Section 26B-5-102 is amended to read:
69+26B-5-102 . Division of Integrated Healthcare -- Office of Substance Use and
6670 31
67-26B-5-102 . Division of Integrated Healthcare -- Office of Substance Use and
71+Mental Health -- Creation -- Responsibilities.
6872 32
69-Mental Health -- Creation -- Responsibilities.
73+(1)(a) The Division of Integrated Healthcare shall exercise responsibility over the
7074 33
71-(1)(a) The Division of Integrated Healthcare shall exercise responsibility over the
75+policymaking functions, regulatory and enforcement powers, rights, duties, and
7276 34
73-policymaking functions, regulatory and enforcement powers, rights, duties, and
77+responsibilities outlined in state law that were previously vested in the Division of
7478 35
75-responsibilities outlined in state law that were previously vested in the Division of
79+Substance Abuse and Mental Health within the department, under the administration
7680 36
77-Substance Abuse and Mental Health within the department, under the administration
81+and general supervision of the executive director.
7882 37
79-and general supervision of the executive director.
83+(b) The division is the substance abuse authority and the mental health authority for this
8084 38
81-(b) The division is the substance abuse authority and the mental health authority for this
85+state.
8286 39
83-state.
87+(c) There is created the Office of Substance Use and Mental Health within the division.
8488 40
85-(c) There is created the Office of Substance Use and Mental Health within the division.
89+(d) The office shall exercise the responsibilities, powers, rights, duties, and
8690 41
87-(d) The office shall exercise the responsibilities, powers, rights, duties, and
91+responsibilities assigned to the office by the executive director.
8892 42
89-responsibilities assigned to the office by the executive director.
93+(2) The division shall:
9094 43
91-(2) The division shall:
95+(a)(i) educate the general public regarding the nature and consequences of substance
9296 44
93-(a)(i) educate the general public regarding the nature and consequences of substance
97+use by promoting school and community-based prevention programs;
9498 45
95-use by promoting school and community-based prevention programs;
99+(ii) render support and assistance to public schools through approved school-based
96100 46
97-(ii) render support and assistance to public schools through approved school-based
101+substance abuse education programs aimed at prevention of substance use;
98102 47
99-substance abuse education programs aimed at prevention of substance use;
103+(iii) promote or establish programs for the prevention of substance use within the
100104 48
101-(iii) promote or establish programs for the prevention of substance use within the
105+community setting through community-based prevention programs;
102106 49
103-community setting through community-based prevention programs;
107+(iv) cooperate with and assist treatment centers, recovery residences, and other
104108 50
105-(iv) cooperate with and assist treatment centers, recovery residences, and other
109+organizations that provide services to individuals recovering from a substance use
106110 51
107-organizations that provide services to individuals recovering from a substance use
111+disorder, by identifying and disseminating information about effective practices
108112 52
109-disorder, by identifying and disseminating information about effective practices
113+and programs;
110114 53
111-and programs;
115+(v) promote integrated programs that address an individual's substance use, mental
112116 54
113-(v) promote integrated programs that address an individual's substance use, mental
117+health, and physical health;
114118 55
115-health, and physical health;
119+(vi) establish and promote an evidence-based continuum of screening, assessment,
116120 56
117-(vi) establish and promote an evidence-based continuum of screening, assessment,
121+prevention, treatment, and recovery support services in the community for
118122 57
119-prevention, treatment, and recovery support services in the community for
123+individuals with a substance use disorder or mental illness;
120124 58
121-individuals with a substance use disorder or mental illness;
125+(vii) evaluate the effectiveness of programs described in this Subsection (2);
122126 59
123-(vii) evaluate the effectiveness of programs described in this Subsection (2);
127+(viii) consider the impact of the programs described in this Subsection (2) on:
124128 60
125-(viii) consider the impact of the programs described in this Subsection (2) on:
129+(A) emergency department utilization;
126130 61
127-(A) emergency department utilization;
128-- 2 - Enrolled Copy H.B. 361
131+(B) jail and prison populations;
132+- 2 - 02-27 21:34 3rd Sub. (Cherry) H.B. 361
129133 62
130-(B) jail and prison populations;
134+(C) the homeless population; and
131135 63
132-(C) the homeless population; and
136+(D) the child welfare system; and
133137 64
134-(D) the child welfare system; and
138+(ix) promote or establish programs for education and certification of instructors to
135139 65
136-(ix) promote or establish programs for education and certification of instructors to
140+educate individuals convicted of driving under the influence of alcohol or drugs or
137141 66
138-educate individuals convicted of driving under the influence of alcohol or drugs or
142+driving with any measurable controlled substance in the body;
139143 67
140-driving with any measurable controlled substance in the body;
144+(b)(i) collect and disseminate information pertaining to mental health;
141145 68
142-(b)(i) collect and disseminate information pertaining to mental health;
146+(ii) provide direction over the state hospital including approval of the state hospital's
143147 69
144-(ii) provide direction over the state hospital including approval of the state hospital's
148+budget, administrative policy, and coordination of services with local service
145149 70
146-budget, administrative policy, and coordination of services with local service
150+plans;
147151 71
148-plans;
152+(iii) make rules in accordance with Title 63G, Chapter 3, Utah Administrative
149153 72
154+Rulemaking Act, to educate families concerning mental illness and promote
155+73
156+family involvement, when appropriate, and with patient consent, in the treatment
157+74
158+program of a family member;
159+75
160+(iv) make rules in accordance with Title 63G, Chapter 3, Utah Administrative
161+76
162+Rulemaking Act, to direct that an individual receiving services through a local
163+77
164+mental health authority or the Utah State Hospital be informed about and, if
165+78
166+desired by the individual, provided assistance in the completion of a declaration
167+79
168+for mental health treatment in accordance with Section 26B-5-313; and
169+80
170+(v) to the extent authorized and in accordance with statute, make rules in accordance
171+81
172+with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that:
173+82
174+(A) create a certification for targeted case management;
175+83
176+(B) establish training and certification requirements;
177+84
178+(C) specify the types of services each certificate holder is qualified to provide;
179+85
180+(D) specify the type of supervision under which a certificate holder is required to
181+86
182+operate; and
183+87
184+(E) specify continuing education and other requirements for maintaining or
185+88
186+renewing certification;
187+89
188+(c)(i) consult and coordinate with local substance abuse authorities and local mental
189+90
190+health authorities regarding programs and services;
191+91
192+(ii) provide consultation and other assistance to public and private agencies and
193+92
194+groups working on substance use and mental health issues;
195+93
196+(iii) promote and establish cooperative relationships with courts, hospitals, clinics,
197+94
198+medical and social agencies, public health authorities, law enforcement agencies,
199+95
200+education and research organizations, and other related groups;
201+- 3 - 3rd Sub. (Cherry) H.B. 361 02-27 21:34
202+96
203+(iv) promote or conduct research on substance use and mental health issues, and
204+97
205+submit to the governor and the Legislature recommendations for changes in policy
206+98
207+and legislation;
208+99
209+(v) receive, distribute, and provide direction over public funds for substance use and
210+100
211+mental health services;
212+101
213+(vi) monitor and evaluate programs provided by local substance abuse authorities and
214+102
215+local mental health authorities;
216+103
217+(vii) examine expenditures of local, state, and federal funds;
218+104
219+(viii) monitor the expenditure of public funds by:
220+105
221+(A) local substance abuse authorities;
222+106
223+(B) local mental health authorities; and
224+107
225+(C) in counties where they exist, a private contract provider that has an annual or
226+108
227+otherwise ongoing contract to provide comprehensive substance abuse or
228+109
229+mental health programs or services for the local substance abuse authority or
230+110
231+local mental health authority;
232+111
233+(ix) contract with local substance abuse authorities and local mental health authorities
234+112
235+to provide a comprehensive continuum of services that include community-based
236+113
237+services for individuals involved in the criminal justice system, in accordance with
238+114
239+division policy, contract provisions, and the local plan;
240+115
241+(x) contract with private and public entities for special statewide or nonclinical
242+116
243+services, or services for individuals involved in the criminal justice system,
244+117
245+according to division rules;
246+118
247+(xi) review and approve each local substance abuse authority's plan and each local
248+119
249+mental health authority's plan in order to ensure:
250+120
251+(A) a statewide comprehensive continuum of substance use services;
252+121
253+(B) a statewide comprehensive continuum of mental health services;
254+122
255+(C) services result in improved overall health and functioning;
256+123
257+(D) a statewide comprehensive continuum of community-based services designed
258+124
259+to reduce criminal risk factors for individuals who are determined to have
260+125
261+substance use or mental illness conditions or both, and who are involved in the
262+126
263+criminal justice system;
264+127
265+(E) compliance, where appropriate, with the certification requirements in
266+128
267+Subsection (2)(h); and
268+129
269+(F) appropriate expenditure of public funds;
270+- 4 - 02-27 21:34 3rd Sub. (Cherry) H.B. 361
271+130
272+(xii) review and make recommendations regarding each local substance abuse
273+131
274+authority's contract with the local substance abuse authority's provider of
275+132
276+substance use programs and services and each local mental health authority's
277+133
278+contract with the local mental health authority's provider of mental health
279+134
280+programs and services to ensure compliance with state and federal law and policy;
281+135
282+(xiii) monitor and ensure compliance with division rules and contract requirements;
283+136
284+and
285+137
286+(xiv) withhold funds from local substance abuse authorities, local mental health
287+138
288+authorities, and public and private providers for contract noncompliance, failure to
289+139
290+comply with division directives regarding the use of public funds, or for misuse of
291+140
292+public funds or money;
293+141
294+(d) ensure that the requirements of this part are met and applied uniformly by local
295+142
296+substance abuse authorities and local mental health authorities across the state;
297+143
298+(e) require each local substance abuse authority and each local mental health authority,
299+144
300+in accordance with Subsections 17-43-201(5)(b) and 17-43-301(6)(a)(ii), to submit a
301+145
302+plan to the division on or before May 15 of each year;
303+146
304+(f) conduct an annual program audit and review of each local substance abuse authority
305+147
306+and each local substance abuse authority's contract provider, and each local mental
307+148
308+health authority and each local mental health authority's contract provider, including:
309+149
310+(i) a review and determination regarding whether:
311+150
312+(A) public funds allocated to the local substance abuse authority or the local
313+151
314+mental health authorities are consistent with services rendered by the authority
315+152
316+or the authority's contract provider, and with outcomes reported by the
317+153
318+authority's contract provider; and
319+154
320+(B) each local substance abuse authority and each local mental health authority is
321+155
322+exercising sufficient oversight and control over public funds allocated for
323+156
324+substance use disorder and mental health programs and services; and
325+157
326+(ii) items determined by the division to be necessary and appropriate;
327+158
328+(g) define "prevention" by rule as required under Title 32B, Chapter 2, Part 4, Alcoholic
329+159
330+Beverage and Substance Abuse Enforcement and Treatment Restricted Account Act;
331+160
332+(h)(i) train and certify an adult as a peer support specialist, qualified to provide peer
333+161
334+supports services to an individual with:
335+162
336+(A) a substance use disorder;
337+163
338+(B) a mental health disorder; or
339+- 5 - 3rd Sub. (Cherry) H.B. 361 02-27 21:34
340+164
341+(C) a substance use disorder and a mental health disorder;
342+165
343+(ii) certify a person to carry out, as needed, the division's duty to train and certify an
344+166
345+adult as a peer support specialist;
346+167
150347 (iii) make rules in accordance with Title 63G, Chapter 3, Utah Administrative
151-73
152-Rulemaking Act, to educate families concerning mental illness and promote
153-74
154-family involvement, when appropriate, and with patient consent, in the treatment
155-75
156-program of a family member;
157-76
348+168
349+Rulemaking Act, that:
350+169
351+(A) establish training and certification requirements for a peer support specialist;
352+170
353+(B) specify the types of services a peer support specialist is qualified to provide;
354+171
355+(C) specify the type of supervision under which a peer support specialist is
356+172
357+required to operate; and
358+173
359+(D) specify continuing education and other requirements for maintaining or
360+174
361+renewing certification as a peer support specialist; and
362+175
158363 (iv) make rules in accordance with Title 63G, Chapter 3, Utah Administrative
159-77
160-Rulemaking Act, to direct that an individual receiving services through a local
161-78
162-mental health authority or the Utah State Hospital be informed about and, if
163-79
164-desired by the individual, provided assistance in the completion of a declaration
165-80
166-for mental health treatment in accordance with Section 26B-5-313; and
167-81
168-(v) to the extent authorized and in accordance with statute, make rules in accordance
169-82
170-with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that:
171-83
172-(A) create a certification for targeted case management;
173-84
174-(B) establish training and certification requirements;
175-85
176-(C) specify the types of services each certificate holder is qualified to provide;
177-86
178-(D) specify the type of supervision under which a certificate holder is required to
179-87
180-operate; and
181-88
182-(E) specify continuing education and other requirements for maintaining or
183-89
184-renewing certification;
185-90
186-(c)(i) consult and coordinate with local substance abuse authorities and local mental
187-91
188-health authorities regarding programs and services;
189-92
190-(ii) provide consultation and other assistance to public and private agencies and
191-93
192-groups working on substance use and mental health issues;
193-94
194-(iii) promote and establish cooperative relationships with courts, hospitals, clinics,
195-95
196-medical and social agencies, public health authorities, law enforcement agencies,
197-- 3 - H.B. 361 Enrolled Copy
198-96
199-education and research organizations, and other related groups;
200-97
201-(iv) promote or conduct research on substance use and mental health issues, and
202-98
203-submit to the governor and the Legislature recommendations for changes in policy
204-99
205-and legislation;
206-100
207-(v) receive, distribute, and provide direction over public funds for substance use and
208-101
209-mental health services;
210-102
211-(vi) monitor and evaluate programs provided by local substance abuse authorities and
212-103
213-local mental health authorities;
214-104
215-(vii) examine expenditures of local, state, and federal funds;
216-105
217-(viii) monitor the expenditure of public funds by:
218-106
219-(A) local substance abuse authorities;
220-107
221-(B) local mental health authorities; and
222-108
223-(C) in counties where they exist, a private contract provider that has an annual or
224-109
225-otherwise ongoing contract to provide comprehensive substance abuse or
226-110
227-mental health programs or services for the local substance abuse authority or
228-111
229-local mental health authority;
230-112
231-(ix) contract with local substance abuse authorities and local mental health authorities
232-113
233-to provide a comprehensive continuum of services that include community-based
234-114
235-services for individuals involved in the criminal justice system, in accordance with
236-115
237-division policy, contract provisions, and the local plan;
238-116
239-(x) contract with private and public entities for special statewide or nonclinical
240-117
241-services, or services for individuals involved in the criminal justice system,
242-118
243-according to division rules;
244-119
245-(xi) review and approve each local substance abuse authority's plan and each local
246-120
247-mental health authority's plan in order to ensure:
248-121
249-(A) a statewide comprehensive continuum of substance use services;
250-122
251-(B) a statewide comprehensive continuum of mental health services;
252-123
253-(C) services result in improved overall health and functioning;
254-124
255-(D) a statewide comprehensive continuum of community-based services designed
256-125
257-to reduce criminal risk factors for individuals who are determined to have
258-126
259-substance use or mental illness conditions or both, and who are involved in the
260-127
364+176
365+Rulemaking Act, that:
366+177
367+(A) establish the requirements for a person to be certified to carry out, as needed,
368+178
369+the division's duty to train and certify an adult as a peer support specialist; and
370+179
371+(B) specify how the division shall provide oversight of a person certified to train
372+180
373+and certify a peer support specialist;
374+181
375+(i) collaborate with the State Commission on Criminal and Juvenile Justice to analyze
376+182
377+and provide recommendations to the Legislature regarding:
378+183
379+(i) pretrial services and the resources needed to reduce recidivism;
380+184
381+(ii) county jail and county behavioral health early-assessment resources needed for an
382+185
383+individual convicted of a class A or class B misdemeanor; and
384+186
385+(iii) the replacement of federal dollars associated with drug interdiction law
386+187
387+enforcement task forces that are reduced;
388+188
389+(j) establish performance goals and outcome measurements for a mental health or
390+189
391+substance use treatment program that is licensed under Chapter 2, Part 1, Human
392+190
393+Services Programs and Facilities, and contracts with the department, including goals
394+191
395+and measurements related to employment and reducing recidivism of individuals
396+192
397+receiving mental health or substance use treatment who are involved with the
398+193
261399 criminal justice system;
262-128
263-(E) compliance, where appropriate, with the certification requirements in
264-129
265-Subsection (2)(h); and
266-- 4 - Enrolled Copy H.B. 361
267-130
268-(F) appropriate expenditure of public funds;
269-131
270-(xii) review and make recommendations regarding each local substance abuse
271-132
272-authority's contract with the local substance abuse authority's provider of
273-133
274-substance use programs and services and each local mental health authority's
275-134
276-contract with the local mental health authority's provider of mental health
277-135
278-programs and services to ensure compliance with state and federal law and policy;
279-136
280-(xiii) monitor and ensure compliance with division rules and contract requirements;
281-137
400+194
401+(k) annually, on or before November 30, submit a written report to the Judiciary Interim
402+195
403+Committee, the Health and Human Services Interim Committee, and the Law
404+196
405+Enforcement and Criminal Justice Interim Committee, that includes:
406+197
407+(i) a description of the performance goals and outcome measurements described in
408+- 6 - 02-27 21:34 3rd Sub. (Cherry) H.B. 361
409+198
410+Subsection (2)(j); and
411+199
412+(ii) information on the effectiveness of the goals and measurements in ensuring
413+200
414+appropriate and adequate mental health or substance use treatment is provided in a
415+201
416+treatment program described in Subsection (2)(j);
417+202
418+(l) collaborate with the Administrative Office of the Courts, the Department of
419+203
420+Corrections, the Department of Workforce Services, and the Board of Pardons and
421+204
422+Parole to collect data on recidivism in accordance with the metrics and requirements
423+205
424+described in Section 63M-7-102;
425+206
426+(m) at the division's discretion, use the data described in Subsection (2)(l) to make
427+207
428+decisions regarding the use of funds allocated to the division to provide treatment;
429+208
430+(n) annually, on or before August 31, submit the data collected under Subsection (2)(l)
431+209
432+and any recommendations to improve the data collection to the State Commission on
433+210
434+Criminal and Juvenile Justice to be included in the report described in Subsection
435+211
436+63M-7-204(1)(x);
437+212
438+(o) publish the following on the division's website:
439+213
440+(i) the performance goals and outcome measurements described in Subsection (2)(j);
441+214
282442 and
283-138
284-(xiv) withhold funds from local substance abuse authorities, local mental health
285-139
286-authorities, and public and private providers for contract noncompliance, failure to
287-140
288-comply with division directives regarding the use of public funds, or for misuse of
289-141
290-public funds or money;
291-142
292-(d) ensure that the requirements of this part are met and applied uniformly by local
293-143
294-substance abuse authorities and local mental health authorities across the state;
295-144
296-(e) require each local substance abuse authority and each local mental health authority,
297-145
298-in accordance with Subsections 17-43-201(5)(b) and 17-43-301(6)(a)(ii), to submit a
299-146
300-plan to the division on or before May 15 of each year;
301-147
302-(f) conduct an annual program audit and review of each local substance abuse authority
303-148
304-and each local substance abuse authority's contract provider, and each local mental
305-149
306-health authority and each local mental health authority's contract provider, including:
307-150
308-(i) a review and determination regarding whether:
309-151
310-(A) public funds allocated to the local substance abuse authority or the local
311-152
312-mental health authorities are consistent with services rendered by the authority
313-153
314-or the authority's contract provider, and with outcomes reported by the
315-154
316-authority's contract provider; and
317-155
318-(B) each local substance abuse authority and each local mental health authority is
319-156
320-exercising sufficient oversight and control over public funds allocated for
321-157
322-substance use disorder and mental health programs and services; and
323-158
324-(ii) items determined by the division to be necessary and appropriate;
325-159
326-(g) define "prevention" by rule as required under Title 32B, Chapter 2, Part 4, Alcoholic
327-160
328-Beverage and Substance Abuse Enforcement and Treatment Restricted Account Act;
329-161
330-(h)(i) train and certify an adult as a peer support specialist, qualified to provide peer
331-162
332-supports services to an individual with:
333-163
334-(A) a substance use disorder;
335-- 5 - H.B. 361 Enrolled Copy
336-164
337-(B) a mental health disorder; or
338-165
339-(C) a substance use disorder and a mental health disorder;
340-166
341-(ii) certify a person to carry out, as needed, the division's duty to train and certify an
342-167
343-adult as a peer support specialist;
344-168
345-(iii) make rules in accordance with Title 63G, Chapter 3, Utah Administrative
346-169
347-Rulemaking Act, that:
348-170
349-(A) establish training and certification requirements for a peer support specialist;
350-171
351-(B) specify the types of services a peer support specialist is qualified to provide;
352-172
353-(C) specify the type of supervision under which a peer support specialist is
354-173
355-required to operate; and
356-174
357-(D) specify continuing education and other requirements for maintaining or
358-175
359-renewing certification as a peer support specialist; and
360-176
361-(iv) make rules in accordance with Title 63G, Chapter 3, Utah Administrative
362-177
363-Rulemaking Act, that:
364-178
365-(A) establish the requirements for a person to be certified to carry out, as needed,
366-179
367-the division's duty to train and certify an adult as a peer support specialist; and
368-180
369-(B) specify how the division shall provide oversight of a person certified to train
370-181
371-and certify a peer support specialist;
372-182
373-(i) collaborate with the State Commission on Criminal and Juvenile Justice to analyze
374-183
375-and provide recommendations to the Legislature regarding:
376-184
377-(i) pretrial services and the resources needed to reduce recidivism;
378-185
379-(ii) county jail and county behavioral health early-assessment resources needed for an
380-186
381-individual convicted of a class A or class B misdemeanor; and
382-187
383-(iii) the replacement of federal dollars associated with drug interdiction law
384-188
385-enforcement task forces that are reduced;
386-189
387-(j) establish performance goals and outcome measurements for a mental health or
388-190
389-substance use treatment program that is licensed under Chapter 2, Part 1, Human
390-191
391-Services Programs and Facilities, and contracts with the department, including goals
392-192
393-and measurements related to employment and reducing recidivism of individuals
394-193
395-receiving mental health or substance use treatment who are involved with the
396-194
397-criminal justice system;
398-195
399-(k) annually, on or before November 30, submit a written report to the Judiciary Interim
400-196
401-Committee, the Health and Human Services Interim Committee, and the Law
402-197
403-Enforcement and Criminal Justice Interim Committee, that includes:
404-- 6 - Enrolled Copy H.B. 361
405-198
406-(i) a description of the performance goals and outcome measurements described in
407-199
408-Subsection (2)(j); and
409-200
410-(ii) information on the effectiveness of the goals and measurements in ensuring
411-201
412-appropriate and adequate mental health or substance use treatment is provided in a
413-202
414-treatment program described in Subsection (2)(j);
415-203
416-(l) collaborate with the Administrative Office of the Courts, the Department of
417-204
418-Corrections, the Department of Workforce Services, and the Board of Pardons and
419-205
420-Parole to collect data on recidivism in accordance with the metrics and requirements
421-206
422-described in Section 63M-7-102;
423-207
424-(m) at the division's discretion, use the data described in Subsection (2)(l) to make
425-208
426-decisions regarding the use of funds allocated to the division to provide treatment;
427-209
428-(n) annually, on or before August 31, submit the data collected under Subsection (2)(l)
429-210
430-and any recommendations to improve the data collection to the State Commission on
431-211
432-Criminal and Juvenile Justice to be included in the report described in Subsection
433-212
434-63M-7-204(1)(x);
435-213
436-(o) publish the following on the division's website:
437-214
438-(i) the performance goals and outcome measurements described in Subsection (2)(j);
439443 215
444+(ii) a description of the services provided and the contact information for the mental
445+216
446+health and substance use treatment programs described in Subsection (2)(j) and
447+217
448+residential, vocational and life skills programs, as defined in Section 13-53-102;[
449+218
450+and]
451+219
452+(p) consult and coordinate with the Division of Child and Family Services to develop
453+220
454+and manage the operation of a program designed to reduce substance use during
455+221
456+pregnancy and by parents of a newborn child that includes:
457+222
458+(i) providing education and resources to health care providers and individuals in the
459+223
460+state regarding prevention of substance use during pregnancy;
461+224
462+(ii) providing training to health care providers in the state regarding screening of a
463+225
464+pregnant woman or pregnant minor to identify a substance use disorder; and
465+226
466+(iii) providing referrals to pregnant women, pregnant minors, or parents of a newborn
467+227
468+child in need of substance use treatment services to a facility that has the capacity
469+228
470+to provide the treatment services[.] ; and
471+229
472+(q) create training and educational materials regarding recognizing a drug overdose.
473+230
474+(3) In addition to the responsibilities described in Subsection (2), the division shall, within
475+231
476+funds appropriated by the Legislature for this purpose, implement and manage the
477+- 7 - 3rd Sub. (Cherry) H.B. 361 02-27 21:34
478+232
479+operation of a firearm safety and suicide prevention program, in consultation with the
480+233
481+Bureau of Criminal Identification created in Section 53-10-201, including:
482+234
483+(a) coordinating with local mental health and substance abuse authorities, a nonprofit
484+235
485+behavioral health advocacy group, and a representative from a Utah-based nonprofit
486+236
487+organization with expertise in the field of firearm use and safety that represents
488+237
489+firearm owners, to:
490+238
491+(i) produce and periodically review and update a firearm safety brochure and other
492+239
493+educational materials with information about the safe handling and use of firearms
494+240
495+that includes:
496+241
497+(A) information on safe handling, storage, and use of firearms in a home
498+242
499+environment;
500+243
501+(B) information about at-risk individuals and individuals who are legally
502+244
503+prohibited from possessing firearms;
504+245
505+(C) information about suicide prevention awareness; and
506+246
507+(D) information about the availability of firearm safety packets;
508+247
509+(ii) procure cable-style gun locks for distribution under this section;
510+248
511+(iii) produce a firearm safety packet that includes the firearm safety brochure and the
512+249
513+cable-style gun lock described in this Subsection (3); and
514+250
515+(iv) create a suicide prevention education course that:
516+251
517+(A) provides information for distribution regarding firearm safety education;
518+252
519+(B) incorporates current information on how to recognize suicidal behaviors and
520+253
521+identify individuals who may be suicidal; and
522+254
523+(C) provides information regarding crisis intervention resources;
524+255
525+(b) distributing, free of charge, the firearm safety packet to the following persons, who
526+256
527+shall make the firearm safety packet available free of charge:
528+257
529+(i) health care providers, including emergency rooms;
530+258
531+(ii) mobile crisis outreach teams;
532+259
533+(iii) mental health practitioners;
534+260
535+(iv) other public health suicide prevention organizations;
536+261
537+(v) entities that teach firearm safety courses;
538+262
539+(vi) school districts for use in the seminar, described in Section 53G-9-702, for
540+263
541+parents of students in the school district; and
542+264
543+(vii) firearm dealers to be distributed in accordance with Section 76-10-526;
544+265
545+(c) creating and administering a rebate program that includes a rebate that offers
546+- 8 - 02-27 21:34 3rd Sub. (Cherry) H.B. 361
547+266
548+between $10 and $200 off the purchase price of a firearm safe from a participating
549+267
550+firearms dealer or a person engaged in the business of selling firearm safes in Utah,
551+268
552+by a Utah resident; and
553+269
554+(d) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
555+270
556+making rules that establish procedures for:
557+271
558+(i) producing and distributing the suicide prevention education course and the firearm
559+272
560+safety brochures and packets;
561+273
562+(ii) procuring the cable-style gun locks for distribution; and
563+274
564+(iii) administering the rebate program.
565+275
566+(4)(a) The division may refuse to contract with and may pursue legal remedies against
567+276
568+any local substance abuse authority or local mental health authority that fails, or has
569+277
570+failed, to expend public funds in accordance with state law, division policy, contract
571+278
572+provisions, or directives issued in accordance with state law.
573+279
574+(b) The division may withhold funds from a local substance abuse authority or local
575+280
576+mental health authority if the authority's contract provider of substance use or mental
577+281
578+health programs or services fails to comply with state and federal law or policy.
579+282
580+(5)(a) Before reissuing or renewing a contract with any local substance abuse authority
581+283
582+or local mental health authority, the division shall review and determine whether the
583+284
584+local substance abuse authority or local mental health authority is complying with the
585+285
586+oversight and management responsibilities described in Sections 17-43-201,
587+286
588+17-43-203, 17-43-303, and 17-43-309.
589+287
590+(b) Nothing in this Subsection (5) may be used as a defense to the responsibility and
591+288
592+liability described in Section 17-43-303 and to the responsibility and liability
593+289
594+described in Section 17-43-203.
595+290
596+(6) In carrying out the division's duties and responsibilities, the division may not duplicate
597+291
598+treatment or educational facilities that exist in other divisions or departments of the state,
599+292
600+but shall work in conjunction with those divisions and departments in rendering the
601+293
602+treatment or educational services that those divisions and departments are competent and
603+294
604+able to provide.
605+295
606+(7) The division may accept in the name of and on behalf of the state donations, gifts,
607+296
608+devises, or bequests of real or personal property or services to be used as specified by
609+297
610+the donor.
611+298
612+(8) The division shall annually review with each local substance abuse authority and each
613+299
614+local mental health authority the authority's statutory and contract responsibilities
615+- 9 - 3rd Sub. (Cherry) H.B. 361 02-27 21:34
616+300
617+regarding:
618+301
619+(a) use of public funds;
620+302
621+(b) oversight of public funds; and
622+303
623+(c) governance of substance use disorder and mental health programs and services.
624+304
625+(9) The Legislature may refuse to appropriate funds to the division upon the division's
626+305
627+failure to comply with the provisions of this part.
628+306
629+(10) If a local substance abuse authority contacts the division under Subsection 17-43-201
630+307
631+(10) for assistance in providing treatment services to a pregnant woman or pregnant
632+308
633+minor, the division shall:
634+309
635+(a) refer the pregnant woman or pregnant minor to a treatment facility that has the
636+310
637+capacity to provide the treatment services; or
638+311
639+(b) otherwise ensure that treatment services are made available to the pregnant woman
640+312
641+or pregnant minor.
642+313
643+(11) The division shall employ a school-based mental health specialist to be housed at the
644+314
645+State Board of Education who shall work with the State Board of Education to:
646+315
647+(a) provide coordination between a local education agency and local mental health
648+316
649+authority;
650+317
651+(b) recommend evidence-based and evidence informed mental health screenings and
652+318
653+intervention assessments for a local education agency; and
654+319
655+(c) coordinate with the local community, including local departments of health, to
656+320
657+enhance and expand mental health related resources for a local education agency.
658+321
659+Section 2. Section 26B-5-205 is amended to read:
660+322
661+26B-5-205 . Alcohol training and education seminar.
662+323
663+(1) As used in this section:
664+324
665+(a) "Instructor" means a person that directly provides the instruction during an alcohol
666+325
667+training and education seminar for a seminar provider.
668+326
669+(b) "Licensee" means a person who is:
670+327
671+(i)(A) a new or renewing licensee under Title 32B, Alcoholic Beverage Control
672+328
673+Act; and
674+329
675+(B) engaged in the retail sale of an alcoholic product for consumption on the
676+330
677+premises of the licensee; or
678+331
679+(ii) a business that is:
680+332
681+(A) a new or renewing licensee licensed by a city, town, or county; and
682+333
683+(B) engaged in the retail sale of beer for consumption off the premises of the
684+- 10 - 02-27 21:34 3rd Sub. (Cherry) H.B. 361
685+334
686+licensee.
687+335
688+(c) "Licensee staff" means a retail manager, retail staff, an off-premise retail manager, or
689+336
690+off-premise retail staff.
691+337
692+(d) "Off-premise beer retailer" is as defined in Section 32B-1-102.
693+338
694+(e) "Off-premise retail manager" means the same as that term is defined in Section
695+339
696+32B-1-701.
697+340
698+(f) "Off-premise retail staff" means the same as that term is defined in Section 32B-1-701.
699+341
700+(g) "Retail manager" means the same as that term is defined in Section 32B-1-701.
701+342
702+(h) "Retail staff" means the same as that term is defined in Section 32B-1-701.
703+343
704+(i) "Seminar provider" means a person other than the division who provides an alcohol
705+344
706+training and education seminar meeting the requirements of this section.
707+345
708+(2)(a) This section applies to licensee staff.
709+346
710+(b) An individual who does not have a valid record that the individual has completed an
711+347
712+alcohol training and education seminar shall:
713+348
714+(i) complete an alcohol training and education seminar before the day on which the
715+349
716+individual begins work as licensee staff of a licensee; and
717+350
718+(ii) pay a fee [ ]to the seminar provider that is equal to or greater than the amount
719+351
720+established under Subsection (4)(h).
721+352
722+(c) An individual shall have a valid record that the individual completed an alcohol
723+353
724+training and education seminar within the time period provided in this Subsection (2)
725+354
726+to act as licensee staff.
727+355
728+(d) A record that licensee staff has completed an alcohol training and education seminar
729+356
730+is valid for three years after the day on which the record is issued.
731+357
732+(e) To be considered as having completed an alcohol training and education seminar, an
733+358
734+individual shall:
735+359
736+(i) attend the alcohol training and education seminar and take any test required to
737+360
738+demonstrate completion of the alcohol training and education seminar in the
739+361
740+physical presence of an instructor of the seminar provider; or
741+362
742+(ii) complete the alcohol training and education seminar and take any test required to
743+363
744+demonstrate completion of the alcohol training and education seminar through an
745+364
746+online course or testing program that meets the requirements described in
747+365
748+Subsection (2)(f).
749+366
750+(f)(i) The division shall by rule made in accordance with Title 63G, Chapter 3, Utah
751+367
752+Administrative Rulemaking Act, establish one or more requirements for an online
753+- 11 - 3rd Sub. (Cherry) H.B. 361 02-27 21:34
754+368
755+course or testing program described in Subsection (2)(e) that are designed to
756+369
757+inhibit fraud in the use of the online course or testing program.
758+370
759+(ii) In developing the requirements by rule the division shall consider whether to
760+371
761+require:
762+372
763+(A) authentication that the an individual accurately identifies the individual as
764+373
765+taking the online course or test;
766+374
767+(B) measures to ensure that an individual taking the online course or test is
768+375
769+focused on training material throughout the entire training period;
770+376
771+(C) measures to track the actual time an individual taking the online course or test
772+377
773+is actively engaged online;
774+378
775+(D) a seminar provider to provide technical support, such as requiring a telephone
776+379
777+number, email, or other method of communication that allows an individual
778+380
779+taking the online course or test to receive assistance if the individual is unable
780+381
781+to participate online because of technical difficulties;
782+382
783+(E) a test to meet quality standards, including randomization of test questions and
784+383
785+maximum time limits to take a test;
786+384
787+(F) a seminar provider to have a system to reduce fraud as to who completes an
788+385
789+online course or test, such as requiring a distinct online certificate with
790+386
791+information printed on the certificate that identifies the person taking the online
792+387
793+course or test, or requiring measures to inhibit duplication of a certificate;
794+388
795+(G) measures for the division to audit online courses or tests;
796+389
797+(H) measures to allow an individual taking an online course or test to provide an
798+390
799+evaluation of the online course or test;
800+391
801+(I) a seminar provider to track the Internet protocol address or similar electronic
802+392
803+location of an individual who takes an online course or test;
804+393
805+(J) an individual who takes an online course or test to use an e-signature; or
806+394
807+(K) a seminar provider to invalidate a certificate if the seminar provider learns that
808+395
809+the certificate does not accurately reflect the individual who took the online
810+396
811+course or test.
812+397
813+(3)(a) A licensee may not permit an individual who is not in compliance with Subsection
814+398
815+(2) to:
816+399
817+(i) serve or supervise the serving of an alcoholic product to a customer for
818+400
819+consumption on the premises of the licensee;
820+401
821+(ii) engage in any activity that would constitute managing operations at the premises
822+- 12 - 02-27 21:34 3rd Sub. (Cherry) H.B. 361
823+402
824+of a licensee that engages in the retail sale of an alcoholic product for
825+403
826+consumption on the premises of the licensee;
827+404
828+(iii) directly supervise the sale of beer to a customer for consumption off the premises
829+405
830+of an off-premise beer retailer; or
831+406
832+(iv) sell beer to a customer for consumption off the premises of an off-premise beer
833+407
834+retailer.
835+408
836+(b) A licensee that violates Subsection (3)(a) is subject to Section 32B-1-702.
837+409
838+(4) The division shall:
839+410
840+(a)(i) provide alcohol training and education seminars; or
841+411
842+(ii) certify one or more seminar providers;
843+412
844+(b) establish the curriculum for an alcohol training and education seminar that includes
845+413
846+the following subjects:
847+414
848+(i)(A) alcohol as a drug; and
849+415
850+(B) alcohol's effect on the body and behavior;
851+416
852+(ii) recognizing the problem drinker or signs of intoxication;
853+417
854+(iii) an overview of state alcohol laws related to responsible beverage sale or service,
855+418
856+as determined in consultation with the Department of Alcoholic Beverage
857+419
858+Services;
859+420
860+(iv) dealing with the problem customer, including ways to terminate sale or service;
861+421
440862 and
441-216
442-(ii) a description of the services provided and the contact information for the mental
443-217
444-health and substance use treatment programs described in Subsection (2)(j) and
445-218
446-residential, vocational and life skills programs, as defined in Section 13-53-102;[
447-219
448-and]
449-220
450-(p) consult and coordinate with the Division of Child and Family Services to develop
451-221
452-and manage the operation of a program designed to reduce substance use during
453-222
454-pregnancy and by parents of a newborn child that includes:
455-223
456-(i) providing education and resources to health care providers and individuals in the
457-224
458-state regarding prevention of substance use during pregnancy;
459-225
460-(ii) providing training to health care providers in the state regarding screening of a
461-226
462-pregnant woman or pregnant minor to identify a substance use disorder; and
463-227
464-(iii) providing referrals to pregnant women, pregnant minors, or parents of a newborn
465-228
466-child in need of substance use treatment services to a facility that has the capacity
467-229
468-to provide the treatment services[.] ; and
469-230
470-(q) create training and educational materials regarding recognizing a drug overdose.
471-231
472-(3) In addition to the responsibilities described in Subsection (2), the division shall, within
473-- 7 - H.B. 361 Enrolled Copy
474-232
475-funds appropriated by the Legislature for this purpose, implement and manage the
476-233
477-operation of a firearm safety and suicide prevention program, in consultation with the
478-234
479-Bureau of Criminal Identification created in Section 53-10-201, including:
480-235
481-(a) coordinating with local mental health and substance abuse authorities, a nonprofit
482-236
483-behavioral health advocacy group, and a representative from a Utah-based nonprofit
484-237
485-organization with expertise in the field of firearm use and safety that represents
486-238
487-firearm owners, to:
488-239
489-(i) produce and periodically review and update a firearm safety brochure and other
490-240
491-educational materials with information about the safe handling and use of firearms
492-241
493-that includes:
494-242
495-(A) information on safe handling, storage, and use of firearms in a home
496-243
497-environment;
498-244
499-(B) information about at-risk individuals and individuals who are legally
500-245
501-prohibited from possessing firearms;
502-246
503-(C) information about suicide prevention awareness; and
504-247
505-(D) information about the availability of firearm safety packets;
506-248
507-(ii) procure cable-style gun locks for distribution under this section;
508-249
509-(iii) produce a firearm safety packet that includes the firearm safety brochure and the
510-250
511-cable-style gun lock described in this Subsection (3); and
512-251
513-(iv) create a suicide prevention education course that:
514-252
515-(A) provides information for distribution regarding firearm safety education;
516-253
517-(B) incorporates current information on how to recognize suicidal behaviors and
518-254
519-identify individuals who may be suicidal; and
520-255
521-(C) provides information regarding crisis intervention resources;
522-256
523-(b) distributing, free of charge, the firearm safety packet to the following persons, who
524-257
525-shall make the firearm safety packet available free of charge:
526-258
527-(i) health care providers, including emergency rooms;
528-259
529-(ii) mobile crisis outreach teams;
530-260
531-(iii) mental health practitioners;
532-261
533-(iv) other public health suicide prevention organizations;
534-262
535-(v) entities that teach firearm safety courses;
536-263
537-(vi) school districts for use in the seminar, described in Section 53G-9-702, for
538-264
539-parents of students in the school district; and
540-265
541-(vii) firearm dealers to be distributed in accordance with Section 76-10-526;
542-- 8 - Enrolled Copy H.B. 361
543-266
544-(c) creating and administering a rebate program that includes a rebate that offers
545-267
546-between $10 and $200 off the purchase price of a firearm safe from a participating
547-268
548-firearms dealer or a person engaged in the business of selling firearm safes in Utah,
549-269
550-by a Utah resident; and
551-270
552-(d) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
553-271
554-making rules that establish procedures for:
555-272
556-(i) producing and distributing the suicide prevention education course and the firearm
557-273
558-safety brochures and packets;
559-274
560-(ii) procuring the cable-style gun locks for distribution; and
561-275
562-(iii) administering the rebate program.
563-276
564-(4)(a) The division may refuse to contract with and may pursue legal remedies against
565-277
566-any local substance abuse authority or local mental health authority that fails, or has
567-278
568-failed, to expend public funds in accordance with state law, division policy, contract
569-279
570-provisions, or directives issued in accordance with state law.
571-280
572-(b) The division may withhold funds from a local substance abuse authority or local
573-281
574-mental health authority if the authority's contract provider of substance use or mental
575-282
576-health programs or services fails to comply with state and federal law or policy.
577-283
578-(5)(a) Before reissuing or renewing a contract with any local substance abuse authority
579-284
580-or local mental health authority, the division shall review and determine whether the
581-285
582-local substance abuse authority or local mental health authority is complying with the
583-286
584-oversight and management responsibilities described in Sections 17-43-201,
585-287
586-17-43-203, 17-43-303, and 17-43-309.
587-288
588-(b) Nothing in this Subsection (5) may be used as a defense to the responsibility and
589-289
590-liability described in Section 17-43-303 and to the responsibility and liability
591-290
592-described in Section 17-43-203.
593-291
594-(6) In carrying out the division's duties and responsibilities, the division may not duplicate
595-292
596-treatment or educational facilities that exist in other divisions or departments of the state,
597-293
598-but shall work in conjunction with those divisions and departments in rendering the
599-294
600-treatment or educational services that those divisions and departments are competent and
601-295
602-able to provide.
603-296
604-(7) The division may accept in the name of and on behalf of the state donations, gifts,
605-297
606-devises, or bequests of real or personal property or services to be used as specified by
607-298
608-the donor.
609-299
610-(8) The division shall annually review with each local substance abuse authority and each
611-- 9 - H.B. 361 Enrolled Copy
612-300
613-local mental health authority the authority's statutory and contract responsibilities
614-301
615-regarding:
616-302
617-(a) use of public funds;
618-303
619-(b) oversight of public funds; and
620-304
621-(c) governance of substance use disorder and mental health programs and services.
622-305
623-(9) The Legislature may refuse to appropriate funds to the division upon the division's
624-306
625-failure to comply with the provisions of this part.
626-307
627-(10) If a local substance abuse authority contacts the division under Subsection 17-43-201
628-308
629-(10) for assistance in providing treatment services to a pregnant woman or pregnant
630-309
631-minor, the division shall:
632-310
633-(a) refer the pregnant woman or pregnant minor to a treatment facility that has the
634-311
635-capacity to provide the treatment services; or
636-312
637-(b) otherwise ensure that treatment services are made available to the pregnant woman
638-313
639-or pregnant minor.
640-314
641-(11) The division shall employ a school-based mental health specialist to be housed at the
642-315
643-State Board of Education who shall work with the State Board of Education to:
644-316
645-(a) provide coordination between a local education agency and local mental health
646-317
647-authority;
648-318
649-(b) recommend evidence-based and evidence informed mental health screenings and
650-319
651-intervention assessments for a local education agency; and
652-320
653-(c) coordinate with the local community, including local departments of health, to
654-321
655-enhance and expand mental health related resources for a local education agency.
656-322
657-Section 2. Section 26B-5-205 is amended to read:
658-323
659-26B-5-205 . Alcohol training and education seminar.
660-324
661-(1) As used in this section:
662-325
663-(a) "Instructor" means a person that directly provides the instruction during an alcohol
664-326
665-training and education seminar for a seminar provider.
666-327
667-(b) "Licensee" means a person who is:
668-328
669-(i)(A) a new or renewing licensee under Title 32B, Alcoholic Beverage Control
670-329
671-Act; and
672-330
673-(B) engaged in the retail sale of an alcoholic product for consumption on the
674-331
675-premises of the licensee; or
676-332
677-(ii) a business that is:
678-333
679-(A) a new or renewing licensee licensed by a city, town, or county; and
680-- 10 - Enrolled Copy H.B. 361
681-334
682-(B) engaged in the retail sale of beer for consumption off the premises of the
683-335
684-licensee.
685-336
686-(c) "Licensee staff" means a retail manager, retail staff, an off-premise retail manager, or
687-337
688-off-premise retail staff.
689-338
690-(d) "Off-premise beer retailer" is as defined in Section 32B-1-102.
691-339
692-(e) "Off-premise retail manager" means the same as that term is defined in Section
693-340
694-32B-1-701.
695-341
696-(f) "Off-premise retail staff" means the same as that term is defined in Section 32B-1-701.
697-342
698-(g) "Retail manager" means the same as that term is defined in Section 32B-1-701.
699-343
700-(h) "Retail staff" means the same as that term is defined in Section 32B-1-701.
701-344
702-(i) "Seminar provider" means a person other than the division who provides an alcohol
703-345
704-training and education seminar meeting the requirements of this section.
705-346
706-(2)(a) This section applies to licensee staff.
707-347
708-(b) An individual who does not have a valid record that the individual has completed an
709-348
710-alcohol training and education seminar shall:
711-349
712-(i) complete an alcohol training and education seminar before the day on which the
713-350
714-individual begins work as licensee staff of a licensee; and
715-351
716-(ii) pay a fee [ ]to the seminar provider that is equal to or greater than the amount
717-352
718-established under Subsection (4)(h).
719-353
720-(c) An individual shall have a valid record that the individual completed an alcohol
721-354
722-training and education seminar within the time period provided in this Subsection (2)
723-355
724-to act as licensee staff.
725-356
726-(d) A record that licensee staff has completed an alcohol training and education seminar
727-357
728-is valid for three years after the day on which the record is issued.
729-358
730-(e) To be considered as having completed an alcohol training and education seminar, an
731-359
732-individual shall:
733-360
734-(i) attend the alcohol training and education seminar and take any test required to
735-361
736-demonstrate completion of the alcohol training and education seminar in the
737-362
738-physical presence of an instructor of the seminar provider; or
739-363
740-(ii) complete the alcohol training and education seminar and take any test required to
741-364
742-demonstrate completion of the alcohol training and education seminar through an
743-365
744-online course or testing program that meets the requirements described in
745-366
746-Subsection (2)(f).
747-367
748-(f)(i) The division shall by rule made in accordance with Title 63G, Chapter 3, Utah
749-- 11 - H.B. 361 Enrolled Copy
750-368
751-Administrative Rulemaking Act, establish one or more requirements for an online
752-369
753-course or testing program described in Subsection (2)(e) that are designed to
754-370
755-inhibit fraud in the use of the online course or testing program.
756-371
757-(ii) In developing the requirements by rule the division shall consider whether to
758-372
759-require:
760-373
761-(A) authentication that the an individual accurately identifies the individual as
762-374
763-taking the online course or test;
764-375
765-(B) measures to ensure that an individual taking the online course or test is
766-376
767-focused on training material throughout the entire training period;
768-377
769-(C) measures to track the actual time an individual taking the online course or test
770-378
771-is actively engaged online;
772-379
773-(D) a seminar provider to provide technical support, such as requiring a telephone
774-380
775-number, email, or other method of communication that allows an individual
776-381
777-taking the online course or test to receive assistance if the individual is unable
778-382
779-to participate online because of technical difficulties;
780-383
781-(E) a test to meet quality standards, including randomization of test questions and
782-384
783-maximum time limits to take a test;
784-385
785-(F) a seminar provider to have a system to reduce fraud as to who completes an
786-386
787-online course or test, such as requiring a distinct online certificate with
788-387
789-information printed on the certificate that identifies the person taking the online
790-388
791-course or test, or requiring measures to inhibit duplication of a certificate;
792-389
793-(G) measures for the division to audit online courses or tests;
794-390
795-(H) measures to allow an individual taking an online course or test to provide an
796-391
797-evaluation of the online course or test;
798-392
799-(I) a seminar provider to track the Internet protocol address or similar electronic
800-393
801-location of an individual who takes an online course or test;
802-394
803-(J) an individual who takes an online course or test to use an e-signature; or
804-395
805-(K) a seminar provider to invalidate a certificate if the seminar provider learns that
806-396
807-the certificate does not accurately reflect the individual who took the online
808-397
809-course or test.
810-398
811-(3)(a) A licensee may not permit an individual who is not in compliance with Subsection
812-399
813-(2) to:
814-400
815-(i) serve or supervise the serving of an alcoholic product to a customer for
816-401
817-consumption on the premises of the licensee;
818-- 12 - Enrolled Copy H.B. 361
819-402
820-(ii) engage in any activity that would constitute managing operations at the premises
821-403
822-of a licensee that engages in the retail sale of an alcoholic product for
823-404
824-consumption on the premises of the licensee;
825-405
826-(iii) directly supervise the sale of beer to a customer for consumption off the premises
827-406
828-of an off-premise beer retailer; or
829-407
830-(iv) sell beer to a customer for consumption off the premises of an off-premise beer
831-408
832-retailer.
833-409
834-(b) A licensee that violates Subsection (3)(a) is subject to Section 32B-1-702.
835-410
836-(4) The division shall:
837-411
838-(a)(i) provide alcohol training and education seminars; or
839-412
840-(ii) certify one or more seminar providers;
841-413
842-(b) establish the curriculum for an alcohol training and education seminar that includes
843-414
844-the following subjects:
845-415
846-(i)(A) alcohol as a drug; and
847-416
848-(B) alcohol's effect on the body and behavior;
849-417
850-(ii) recognizing the problem drinker or signs of intoxication;
851-418
852-(iii) an overview of state alcohol laws related to responsible beverage sale or service,
853-419
854-as determined in consultation with the Department of Alcoholic Beverage
855-420
856-Services;
857-421
858-(iv) dealing with the problem customer, including ways to terminate sale or service;
859863 422
860-and
864+(v) for those supervising or engaging in the retail sale of an alcoholic product for
861865 423
862-(v) for those supervising or engaging in the retail sale of an alcoholic product for
866+consumption on the premises of a licensee[,] :
863867 424
864-consumption on the premises of a licensee[,] :
868+(A) alternative means of transportation to get the customer safely home; and
865869 425
866-(A) alternative means of transportation to get the customer safely home; and
870+(B) the drug overdose training and educational materials created pursuant to
867871 426
868-(B) the drug overdose training and educational materials created pursuant to
872+Subsection 26B-5-102(2)(q);
869873 427
870-Subsection 26B-5-102(2)(q);
874+(c) recertify each seminar provider every three years;
871875 428
872-(c) recertify each seminar provider every three years;
876+(d) monitor compliance with the curriculum described in Subsection (4)(b);
873877 429
874-(d) monitor compliance with the curriculum described in Subsection (4)(b);
878+(e) maintain for at least five years a record of every person who has completed an
875879 430
876-(e) maintain for at least five years a record of every person who has completed an
880+alcohol training and education seminar;
877881 431
878-alcohol training and education seminar;
882+(f) provide the information described in Subsection (4)(e) on request to:
879883 432
880-(f) provide the information described in Subsection (4)(e) on request to:
884+(i) the Department of Alcoholic Beverage Services;
881885 433
882-(i) the Department of Alcoholic Beverage Services;
886+(ii) law enforcement; or
883887 434
884-(ii) law enforcement; or
888+(iii) a person licensed by the state or a local government to sell an alcoholic product;
885889 435
886-(iii) a person licensed by the state or a local government to sell an alcoholic product;
887-- 13 - H.B. 361 Enrolled Copy
890+(g) provide the Department of Alcoholic Beverage Services on request a list of any
891+- 13 - 3rd Sub. (Cherry) H.B. 361 02-27 21:34
888892 436
889-(g) provide the Department of Alcoholic Beverage Services on request a list of any
893+seminar provider certified by the division; and
890894 437
891-seminar provider certified by the division; and
895+(h) establish a fee amount for each person attending an alcohol training and education
892896 438
893-(h) establish a fee amount for each person attending an alcohol training and education
897+seminar that is sufficient to offset the division's cost of administering this section.
894898 439
895-seminar that is sufficient to offset the division's cost of administering this section.
899+(5) The division shall by rule made in accordance with Title 63G, Chapter 3, Utah
896900 440
897-(5) The division shall by rule made in accordance with Title 63G, Chapter 3, Utah
901+Administrative Rulemaking Act:
898902 441
899-Administrative Rulemaking Act:
903+(a) establish criteria for certifying and recertifying a seminar provider; and
900904 442
901-(a) establish criteria for certifying and recertifying a seminar provider; and
905+(b) establish guidelines for the manner in which an instructor provides an alcohol
902906 443
903-(b) establish guidelines for the manner in which an instructor provides an alcohol
907+education and training seminar.
904908 444
905-education and training seminar.
909+(6) A seminar provider shall:
906910 445
907-(6) A seminar provider shall:
911+(a) obtain recertification by the division every three years;
908912 446
909-(a) obtain recertification by the division every three years;
913+(b) ensure that an instructor used by the seminar provider:
910914 447
911-(b) ensure that an instructor used by the seminar provider:
915+(i) follows the curriculum established under this section; and
912916 448
913-(i) follows the curriculum established under this section; and
917+(ii) conducts an alcohol training and education seminar in accordance with the
914918 449
915-(ii) conducts an alcohol training and education seminar in accordance with the
919+guidelines established by rule;
916920 450
917-guidelines established by rule;
921+(c) ensure that any information provided by the seminar provider or instructor of a
918922 451
919-(c) ensure that any information provided by the seminar provider or instructor of a
923+seminar provider is consistent with:
920924 452
921-seminar provider is consistent with:
925+(i) the curriculum established under this section; and
922926 453
923-(i) the curriculum established under this section; and
927+(ii) this section;
924928 454
925-(ii) this section;
929+(d) provide the division with the names of all persons who complete an alcohol training
926930 455
927-(d) provide the division with the names of all persons who complete an alcohol training
931+and education seminar provided by the seminar provider;
928932 456
929-and education seminar provided by the seminar provider;
933+(e)(i) collect a fee for each person attending an alcohol training and education
930934 457
931-(e)(i) collect a fee for each person attending an alcohol training and education
935+seminar in accordance with Subsection (2); and
932936 458
933-seminar in accordance with Subsection (2); and
937+(ii) forward to the division the portion of the fee that is equal to the amount described
934938 459
935-(ii) forward to the division the portion of the fee that is equal to the amount described
939+in Subsection (4)(h); and
936940 460
937-in Subsection (4)(h); and
941+(f) issue a record to an individual that completes an alcohol training and education
938942 461
939-(f) issue a record to an individual that completes an alcohol training and education
943+seminar provided by the seminar provider.
940944 462
941-seminar provided by the seminar provider.
945+(7)(a) If after a hearing conducted in accordance with Title 63G, Chapter 4,
942946 463
943-(7)(a) If after a hearing conducted in accordance with Title 63G, Chapter 4,
947+Administrative Procedures Act, the division finds that a seminar provider violates
944948 464
945-Administrative Procedures Act, the division finds that a seminar provider violates
949+this section or that an instructor of the seminar provider violates this section, the
946950 465
947-this section or that an instructor of the seminar provider violates this section, the
951+division may:
948952 466
949-division may:
953+(i) suspend the certification of the seminar provider for a period not to exceed 90
950954 467
951-(i) suspend the certification of the seminar provider for a period not to exceed 90
955+days after the day on which the suspension begins;
952956 468
953-days after the day on which the suspension begins;
957+(ii) revoke the certification of the seminar provider;
954958 469
955-(ii) revoke the certification of the seminar provider;
956-- 14 - Enrolled Copy H.B. 361
959+(iii) require the seminar provider to take corrective action regarding an instructor; or
960+- 14 - 02-27 21:34 3rd Sub. (Cherry) H.B. 361
957961 470
958-(iii) require the seminar provider to take corrective action regarding an instructor; or
962+(iv) prohibit the seminar provider from using an instructor until such time that the
959963 471
960-(iv) prohibit the seminar provider from using an instructor until such time that the
964+seminar provider establishes to the satisfaction of the division that the instructor is
961965 472
962-seminar provider establishes to the satisfaction of the division that the instructor is
966+in compliance with Subsection (6)(b).
963967 473
964-in compliance with Subsection (6)(b).
968+(b) The division may certify a seminar provider whose certification is revoked:
965969 474
966-(b) The division may certify a seminar provider whose certification is revoked:
970+(i) no sooner than 90 days after the day on which the certification is revoked; and
967971 475
968-(i) no sooner than 90 days after the day on which the certification is revoked; and
972+(ii) if the seminar provider establishes to the satisfaction of the division that the
969973 476
970-(ii) if the seminar provider establishes to the satisfaction of the division that the
974+seminar provider will comply with this section.
971975 477
972-seminar provider will comply with this section.
976+(8) An individual's receipt of the training and educational materials described in Subsection
973977 478
974-(8) An individual's receipt of the training and educational materials described in Subsection
978+(4)(b)(v)(B) does not place any additional responsibility or liability on the individual Ĥ→
979+478a
980+or the individual's employer ←Ĥ ,
975981 479
976-(4)(b)(v)(B) does not place any additional responsibility or liability on the individual or
982+and shall not be construed to increase or create liability or responsibility for the
977983 480
978-the individual's employer, and shall not be construed to increase or create liability or
984+individual Ĥ→ or the individual's employer ←Ĥ .
979985 481
980-responsibility for the individual or the individual's employer.
986+Section 3. Effective Date.
981987 482
982-Section 3. Effective Date.
983-483
984988 This bill takes effect on May 7, 2025.
985989 - 15 -