80-2-603. Fetal alcohol syndrome or spectrum disorder and drug dependency reporting requirements.

383 words·~2 min read·/ut/title-80/chapter-2/80-2-603

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/3/2023

(1)As used in this section:

(a)"Health care provider" means:

(i)an individual licensed under:

(A)Title 58, Chapter 31b, Nurse Practice Act ;

(B)Title 58, Chapter 44a, Nurse Midwife Practice Act ;

(C)Title 58, Chapter 67, Utah Medical Practice Act ;

(D)Title 58, Chapter 68, Utah Osteopathic Medical Practice Act ;

(E)Title 58, Chapter 70a, Utah Physician Assistant Act ; or

(F)Title 58, Chapter 77, Direct-Entry Midwife Act ; or

(ii)an unlicensed individual who practices midwifery.

(b)"Newborn child" means a child who is 30 days old or younger.

(c)"Recommending medical provider" means the same as that term is defined in Section 26B-4-201 .

(i)"Substance abuse" means, except as provided in Subsection (1)(d)(ii) , the same as that term is defined in Section 80-1-102 .

(ii)"Substance abuse" does not include use of drugs or other substances that are:

(A)obtained by lawful prescription and used as prescribed; or

(B)obtained in accordance with Title 26B, Chapter 4, Part 2, Cannabinoid Research and Medical Cannabis , and used as recommended by a recommending medical provider.

(2)A health care provider who attends the birth of a newborn child or cares for a newborn child and determines the following, shall report the determination to the division as soon as possible:

(a)the newborn child:

(i)is adversely affected by the child's mother's substance abuse during pregnancy;

(ii)has fetal alcohol syndrome or fetal alcohol spectrum disorder; or

(iii)demonstrates drug or alcohol withdrawal symptoms; or

(b)the parent of the newborn child or a person responsible for the child's care demonstrates functional impairment or an inability to care for the child as a result of the parent's or person's substance abuse.

(3)The physician-patient privilege does not:

(a)excuse an individual who is licensed under Title 58, Chapter 67, Utah Medical Practice Act , or Title 58, Chapter 68, Utah Osteopathic Medical Practice Act , from reporting under this section; or

(b)constitute grounds for excluding evidence regarding the child's injuries, or the cause of the child's injuries, in a judicial or administrative proceeding resulting from a report under this section.

Amended by Chapter 330 , 2023 General Session