1. (1) A professional employer organization licensed under this chapter is not considered engaged in the sale of insurance or as acting as a third party administrator when the professional employer organization engages in one or more of the following with respect to a professional employer service:

   1. (a) offering;
   2. (b) marketing;
   3. (c) selling;
   4. (d) administering; or
   5. (e) providing.
2. (2) Subsection (1) applies to a professional employer service that includes an employee benefit plan for a covered employee.

Enacted by Chapter 318, 2008 General Session