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

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

(1)

As used in this section:

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Terms Used In Utah Code 80-2-603

Abuse: means :

(i)

(A)	nonaccidental harm of a child;

(B)	threatened harm of a child;

(C)	sexual exploitation;

(D)	sexual abuse; or

(E)

human trafficking of a child in violation of Section 76-5-308. See Utah Code 80-1-102

Child: means , except as provided in Section 80-2-905, an individual who is under 18 years old. See Utah Code 80-1-102

dependency: means a child who is without proper care through no fault of the child's parent, guardian, or custodian. See Utah Code 80-1-102

Division: means the Division of Child and Family Services created in Section 80-2-201. See Utah Code 80-2-102

Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.

Person: means :Utah Code 68-3-12.5

Substance abuse: means , except as provided in Section 80-2-603, the misuse or excessive use of alcohol or other drugs or substances. See Utah Code 80-1-102

(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.

(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.

(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 2, 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

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