80-2-603. Fetal alcohol syndrome or spectrum disorder and drug dependency reporting requirements.
(1) As used in this section: "Health care provider" means: an individual licensed under:; Title 58, Chapter 31b, Nurse Practice Act; Title 58, Chapter 44a, Nurse Midwife Practice Act; Title 58, Chapter 67, Utah Medical Practice Act; Title 58, Chapter 68, Utah Osteopathic Medical Practice Act; or Title 58, Chapter 70a, Utah Physician Assistant Act; or Title 58, Chapter 77, Direct-Entry Midwife Act an unlicensed individual who practices midwifery. "Newborn child" means a child who is 30 days old or younger. "Recommending medical provider" means the same as that term is defined in Section. 26B-4-201 "Substance abuse" means, except as provided in Subsection, the same as that term is defined in Section. (1)(d)(ii) 80-1-102 "Substance abuse" does not include use of drugs or other substances that are: obtained by lawful prescription and used as prescribed; or obtained in accordance with, and used as recommended by a recommending medical provider. Title 26B, Chapter 4, Part 2, Cannabinoid Research and Medical Cannabis
(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: the newborn child: is adversely affected by the child's mother's substance abuse during pregnancy; has fetal alcohol syndrome or fetal alcohol spectrum disorder; or demonstrates drug or alcohol withdrawal symptoms; or 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: excuse an individual who is licensed under, or, from reporting under this section; or Title 58, Chapter 67, Utah Medical Practice Act Title 58, Chapter 68, Utah Osteopathic Medical Practice Act 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.