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2021 Utah Code
Title 62A - Utah Human Services Code
Chapter 4a - Child and Family Services
Part 4 - Child Abuse or Neglect Reporting Requirements
Section 404 - Fetal alcohol syndrome or spectrum disorder and drug dependency -- Reporting requirements.
Universal Citation: UT Code § 62A-4a-404 (2021)
Effective 5/5/2021
62A-4a-404. Fetal alcohol syndrome or spectrum disorder and drug dependency -- Reporting requirements.
Amended by Chapter 231, 2021 General Session
Amended by Chapter 337, 2021 General Session
62A-4a-404. 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.
- (i) an individual licensed under:
- (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.
- (a) "Health care provider" means:
- (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.
- (a) the newborn child:
Amended by Chapter 231, 2021 General Session
Amended by Chapter 337, 2021 General Session
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