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