Utah Code 80-2-603. Fetal alcohol syndrome or spectrum disorder and drug dependency reporting requirements
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(1) As used in this section:
Terms Used In Utah Code 80-2-603
- Abuse: means :(1)(a)(i)(1)(a)(i)(A) nonaccidental harm of a child;(1)(a)(i)(B) threatened harm of a child;(1)(a)(i)(C) sexual exploitation;(1)(a)(i)(D) sexual abuse; or(1)(a)(i)(E) human trafficking of a child in violation of Section
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- 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.
- Mother: means a parent who is of the female sex. See Utah Code 68-3-12.5
- Person: means :
(24)(a) an individual;(24)(b) an association;(24)(c) an institution;(24)(d) a corporation;(24)(e) a company;(24)(f) a trust;(24)(g) a limited liability company;(24)(h) a partnership;(24)(i) a political subdivision;(24)(j) a government office, department, division, bureau, or other body of government; and(24)(k) any other organization or entity. See 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(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)(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. - Child: means , except as provided in Section