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

(1) As used in this section:

(1)(a) "Health care provider" means:
(1)(a)(i) an individual licensed under:

(1)(a)(i)(A) Title 58, Chapter 31b, Nurse Practice Act;
(1)(a)(i)(B) Title 58, Chapter 44a, Nurse Midwife Practice Act;
(1)(a)(i)(C) Title 58, Chapter 67, Utah Medical Practice Act;
(1)(a)(i)(D) Title 58, Chapter 68, Utah Osteopathic Medical Practice Act;
(1)(a)(i)(E) Title 58, Chapter 70a, Utah Physician Assistant Act; or
(1)(a)(i)(F) Title 58, Chapter 77, Direct-Entry Midwife Act; or
(1)(a)(ii) an unlicensed individual who practices midwifery.
(1)(b) "Newborn child" means a child who is 30 days old or younger.
(1)(c) "Recommending medical provider" means the same as that term is defined in Section 26B-4-201.
(1)(d) (1)(d)(i) "Substance abuse" means, except as provided in Subsection (1)(d)(ii), the same as that term is defined in Section 80-1-102.
(1)(d)(ii) "Substance abuse" does not include use of drugs or other substances that are:

(1)(d)(ii)(A) obtained by lawful prescription and used as prescribed; or
(1)(d)(ii)(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:

(2)(a) the newborn child:
(2)(a)(i) is adversely affected by the child's mother's substance abuse during pregnancy;
(2)(a)(ii) has fetal alcohol syndrome or fetal alcohol spectrum disorder; or
(2)(a)(iii) demonstrates drug or alcohol withdrawal symptoms; or
(2)(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:

(3)(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
(3)(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.

Legislative History

Amended by Chapter 330, 2023 General Session