Section 80-2-603 - Fetal alcohol syndrome or spectrum disorder and drug dependency reporting requirements(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.(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 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 ,§ 128, eff. 5/3/2023.Renumbered from § 62A-4a-404 by Chapter 334, 2022 General Session ,§ 47, eff. 9/1/2022.Amended by Chapter 231, 2021 General Session ,§ 5, eff. 5/5/2021.Amended by Chapter 337, 2021 General Session ,§ 22, eff. 3/17/2021.Amended by Chapter 193, 2020 General Session ,§ 1, eff. 5/12/2020.Amended by Chapter 293, 2012 General Session ,§ 6, eff. 5/8/2012.Renumbered and Amended by Chapter 260, 1994 General Session