Fetal alcohol syndrome or spectrum disorder and drug dependency -- Reporting requirements.
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(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) "Recommending medical provider" means the same as that term is defined in Section 26-61a-102.
(c)
(i) "Substance abuse" means, except as provided in Subsection (1)(c)(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 26, Chapter 61a, Utah Medical Cannabis Act, 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.