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DAR File No. 28928

This filing was published in the 12/15/2006, issue, Vol. 2006, No. 24, of the Utah State Bulletin.

[ 12/15/2006 Bulletin Table of Contents / Bulletin Page / Rules Home ]

Human Services, Substance Abuse and Mental Health

R523-23

On-Premise Alcohol Training and Education Seminar Rules of Administration

NOTICE OF CHANGE IN PROPOSED RULE

DAR File No.: 28928
Filed: 11/27/2006, 01:05
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The original amendment added language to the rule that would require all participants in an alcohol server-training course to practice, face-to-face with an instructor, techniques for denying alcohol to patrons who had consumed too much alcohol. This requirement would have denied on-line training companies from participating in that particular market. During and after the public comment period, the Division received several comments from servers in rural areas who stated they wanted to be able to take the training course on-line for convenience sake, and an on-line training organization also made comments about fairness to all businesses. Based on these comments, the Division of Substance Abuse and Mental Health Board chose to remove the face-to-face practice requirement.

Summary of the rule or change:

Subsection R523-23-7(1)(f) has been renumbered along with all items in this section, and the expectation of practicing techniques for dealing with problem customers through face-to-face role-play has been removed. (DAR NOTE: This change in proposed rule has been filed to make additional changes to a proposed amendment that was published in the September 1, 2006, issue of the Utah State Bulletin, on page 43. Underlining in the rule below indicates text that has been added since the publication of the proposed rule mentioned above; strike out indicates text that has been deleted. You must view the change in proposed rule and the proposed amendment together to understand all of the changes that will be enforceable should the agency make this rule effective.)

State statutory or constitutional authorization for this rule:

Section 62A-15-401

Anticipated cost or savings to:

the state budget:

This amendment has no impact on the cost to administer the rule including the cost for staff and materials.

local governments:

This amendment places no financial obligation on local governments because they neither serve alcohol nor provide training to servers.

other persons:

This amendment will have no additional financial impact on others within the State of Utah beyond that which is already associated with this rule prior to the current change.

Compliance costs for affected persons:

This amendment will have no additional financial impact on others within the State of Utah beyond that which is already associated with this rule prior to the current change.

Comments by the department head on the fiscal impact the rule may have on businesses:

After careful review, the Department of Human Services has determined that this rule will have no additional financial impact on businesses in the State of Utah beyond that which is already associated with this rule prior to the current change. Lisa-Michele Church, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Direct questions regarding this rule to:

Thom Dunford at the above address, by phone at 801-538-4519, by FAX at 801-538-9892, or by Internet E-mail at TDUNFORD@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

01/15/2007

This rule may become effective on:

01/16/2007

Authorized by:

Mark I Payne, Director

RULE TEXT

R523. Human Services, Substance Abuse and Mental Health.

R523-23. On-Premise Alcohol Training and Education Seminar Rules of Administration.

. . . . . . .

R523-23-7. Approved Curriculum.

(1) Each provider must have a curriculum approved by the Division. This curriculum must provide at least three hours of classroom instruction both for original certification and for any and all recertifications. The contents of an approved curriculum shall include the following components:

(a) Alcohol as a drug and its effect on the body and behavior:

(i) facts about alcohol;

(ii) what alcohol is; and

(iii) alcohol's path through the body.

(b) Factors influencing the effect of alcohol including:

(i) food and digestive factors;

(ii) weight, physical fitness and gender factors;

(iii) psychological factors;

(iv) tolerance; and

(v) alcohol used in combination with other drugs.

(c) Recognizing drinking levels:

(i) explanation of behavioral signs and indications of impairment;

(ii) classification of behavioral signs; and

(iii) defining intoxication.

(d) Recognizing the problem drinker and techniques for servers to help control consumption:

(i) use of classification system;

(ii) use of alcohol facts;

(iii) continuity of service; and

(iv) drink counting.

(e) Overview of state alcohol laws:

(i) Utah liquor distribution and control;

(ii) legal age;

(iii) prohibited sales;

(iv) third party liability and the Dram Shop Law;

(v) legal definition of intoxication; and

(vi) legal responsibilities of servers.

(f) Techniques for dealing with the problem customer including rehearsal and practice of these techniques[ using face-to-face role play].

(g) Intervention techniques:

(i) slowing down service;

(ii) offering food or nonalcoholic beverages;

(iii) serving water with drinks;

(iv) not encouraging reorders; and

(v) cutting off service.

(h) Establishing house rules for regulating alcoholic beverages:

(i) management and co-workers' support; and

(ii) dealing with minors; and

(i) Alternative means of transportation and getting the customer home safely:

(i) ask customer to arrange alternative transportation;

(ii) call a taxi for transportation service;

(iii) accommodations for the night; and

(iv) telephone the police.

. . . . . . .

KEY: substance abuse, server training

Date of Enactment or Last Substantive Amendment: [2006]2007

Notice of Continuation: June 24, 2002

Authorizing, and Implemented or Interpreted Law: 62A-15-401

ADDITIONAL INFORMATION

Text to be deleted is struck through and surrounded by brackets (e.g., [example]). Text to be added is underlined (e.g., example).  Older browsers may not depict some or any of these attributes on the screen or when the document is printed.

For questions regarding the content or application of this rule, please contact Thom Dunford at the above address, by phone at 801-538-4519, by FAX at 801-538-9892, or by Internet E-mail at TDUNFORD@utah.gov  For questions about the rulemaking process, please contact the Division of Administrative Rules (801-538-3764).

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Last modified:  12/14/2006 7:12 PM